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Home My WebLink AboutRES NO 123-94RESOLUTION NO. I 3 ' 9 4 A RESOLUTION APPROVING THE MEMOP~NDUM OF UNDERSTANDING SETTING SALARIES ~ND RELATED BENEFITS FOR FIREFIGHTERS AND ENGINEERS OF THE FIRE DEPARTMENT OF THE CITY OF BAKERSFIELD. WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the city Council to provide for salaries and related benefits for employees of the City; and WHEREAS, in compliance with the Meyers-Milias-Brown Act of the State of California, the city has met and conferred in good faith with the Bakersfield Firefighter's Labor Organization which represents this City's firefighters and engineers; and WHEREAS, the City's negotiator and the Bakersfield Firefighter's Labor Organization have agreed to a Memorandum of Understanding, as attached hereto; and WHEREAS, the Council has determined that such Memorandum of Understanding complies with the guidelines established by the city Council; and WHEREAS, the Council has determined that provisions of the attached Memorandum of Understanding shall commence on January 1, 1994, and expire at midnight on December 31, 1995, for all employees of said Unit employed on the date of adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that commencing January 1, 1994, the attached document, entitled "Memorandum of Understanding between the Bakersfield Firefighter's Labor Organization, Fire Unit and city of Bakersfield" shall constitute the salary schedule and related benefits for the categories and positions specified therein on the date of adoption of this Resolution, and that the whole of said attachment is hereby incorporated and approved as the Memorandum of Understanding between the City of Bakersfield and the Bakersfield Firefighter's Labor Organization, Fire Unit for the two-year period beginning January 1, 1994, and expiring at midnight, December 31, 1995. .......... ooo .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the Cit~ of Bakersfield at a regular meeting thereof held on ~ D,~qq , by the following vote: AYES: COUNCILMEMbERS McDERMOTT, EDWAIJ~O~. OIMONO. NOES: COtJf, ICILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the city of Bakersfield APPROVED ~~[m20~4 MAYOR of the City of Bakersfield APPROVED as to form: ,J' CITY ATTORNEY of ~he City of Bakersfield Attachments dWS/kec RES.94\F[RE.UOU ORIGINA,_ MEMORANDUM OF UNDERSTANDING BAKERSFIELD FIREFIGHTERS LABOR ORGANIZATION FIREFIGHTERS AND ENGINEERS UNIT AND CITY OF BAKERSFIELD January 1, 1994 - December 31, 1995 TABLE OF CONTENTS ARTICLE 1.01 ARTICLE 1.02 ARTICLE 1.03 ARTICLE 1 .O4 ARTICLE 1.05 ARTICLE 1.06 ARTICLE 1.07 ARTICLE 1.08 ARTICLE 1,09 PARTIES TO MEMORANDUM ........................ CITY COUNCIL DETERMINATION ..................... RECOGNITION ................................... SCOPE OF REPRESENTATION ....................... MEMBERS ONLY ................................. SENIORITY ...................................... MANAGEMENT AND EMPLOYEE RIGHTS RESERVED ...... HOURS OF WORK ................................ OVERTIME PAY .................................. Shift Rate ............................................... Minimum Callback ......................................... Modifications to Minimum Staffing Schedule ...................... Maintaining Minimum Staffing ................................ ARTICLE 1.10 ARTICLE 1.11 ARTICLE 1.12 CONFLICT OF MEMORANDUM AND RESOLUTION ........ VALIDITY OF MEMORANDUM ........................ SALARY AND WAGES .............................. Generai Salary Increase ..................................... Retirement Contributions .................................... Hazardous Materials Pay .................................... ARTICLE 1.13 ARTICLE 1.14 ARTICLE 1.15 ARTICLE 1.16 ARTICLE 1.17 ACCESS TO PREMISES ............................ BULLETIN BOARDS ............................... NO REDUCTION .................................. AVAILABILITY OF DATA ............................. NO STRIKE OR LOCKOUT .......................... 1 1 1 1 1 1 1 2 2 2 3 3 3 3 4 4 4 4 4 5 5 5 6 6 ORIGiNAl. TABLE OF CONTENTS - continued ARTICLE 1.18 UNION SECURITY ................................. 7 Service Fee .............................................. 7 Service Fee Complaint Procedure .............................. 7 Informal Mediation ......................................... 8 Selection of Arbitrator ...................................... 8 Payment of Costs ......................................... 8 Effect of Arbitrator's Decision ................................. 8 ARTICLE 1.19 GRIEVANCE PROCEDURES ......................... 8 Purpose of the Rule ........................................ 9 Matters Subject to Grievance Procedure ......................... 9 Informal Grievance Procedure ................................ 9 Formal Grievance Procedure ................................. 9 First Level of Review .................................. 9 Further Level or Levels of Review as Appropriate .............. 9 Department Review ................................... 10 City Manager Review .................................. 10 ARTICLE 1.20 GRIEVANCES - REVIEW ............................ 10 ARTICLE 1.21 NOTICES ....................................... 11 ARTICLE 1.22 HIGHER JOB CLASSIFICATION PAY ................... 11 Temporary Assignment to Duties in a Higher Classification ........... 11 Bidding and Promotions .................................... 11 Longevity Pay ............................................ 11 ARTICLE 1.23 IMPROVEMENT IN QUALITY OF SERVICE ............... 11 ARTICLE 1.24 BEREAVEMENT LEAVE ............................. 12 ARTICLE 1.25 LEAVES OF ABSENCE ............................. 12 Leave of absence without pay ................................ 12 Unauthorized leave of absence ............................... 12 Military leave of absence .................................... 12 Community Service leave of absence ........................... 12 Discretion of the City Council ................................. 12 ARTICLE 1.26 JURY DUTY ..................................... 12 ARTICLE 1.27 HEALTH AND WELFARE ............................ 13 TABLE OF CONTENTS - continued Medical, Vision and Dental Benefits ............................ Life Insurance ............................................ ARTICLE 1,29 UNIFORM ALLOWANCE ............................ Vacation Accrual .......................................... Vacation Scheduling ....................................... ARTICLE 1.31 HOLIDAYS ...................................... ARTICLE 1.32 DEFERRED COMPENSATION AND SAVINGS PROGRAM .... Deferred Compensation ..................................... Savings Program .......................................... ARTICLE 1.33 ARTICLE 1,34 ARTICLE 1,35 ARTICLE 1,36 ARTICLE 1.37 ARTICLE 1,38 ARTICLE 1.39 ARTICLE 1.40 ARTICLE 1.41 ARTICLE 1.42 ARTICLE 1.43 ARTICLE 1.44 ARTICLE 1.45 ARTICLE 1.46 RETIREE MEDICAL ................................ EAP PROGRAM .................................. RESIDENCY REQUIREMENT ......................... DRUG TESTING .................................. SMOKING REGULATIONS ........................... PHYSICAL ASSESSMENT PROGRAM ................... LIGHT DUTY ..................................... HEPATITIS-B INOCULATIONS ........................ BREATHING APPARATUS ........................... OVERTIME CARDS ................................ CALLBACK ...................................... CITY CODE MODIFICATIONS ........................ PAYROLL ....................................... EARLY RELEASES ................................ 13 13 13 14 14 14 14 14 15 15 15 15 15 15 15 16 16 16 16 16 17 17 17 iii TABLE OF CONTENTS - continued ARTICLE 1.47 COMPENSATORY TIME ............................ 17 ARTICLE 1.48 TERM OF AGREEMENT ............................ 17 ARTICLE 1.49 MAINTENANCE OF BENEFITS ........................ 17 ARTICLE 1.50 HOLIDAY CALL BACK .............................. 18 iv ARTICLE 1.01 PARTIES TO MEMORANDUM This Memorandum of Understanding has been prepared pursuant to the terms of Code Section 2.76 of the City of Bakersfield, which is hereby incorporated by reference as if fully set forth herein, and has been executed by the Designated Representatives of the City of Bakersfield and the Bakers§eld Firefighters Labor Organization, hereinalter referred to as the ORGANIZATION, on behalf of the employee-members occupying the job classifications as set forth in Exhibit "A" which is attached hereto and made a part hereof. ARTICLE 1.02 CITY COUNCIL DETERMINATION This Memorandum of Understanding constitutes a joint recommendation between the pa~ties hereto to be submitted to the City Council for the City of Bakersfield for its determination and implementation by one or more resolutions, as the City Council may deem fit and proper. It is agreed that this Memorandum of Understanding is of no fome and effect until so acted upon by the City Council of the City of Bakersfield. The Memorandum contains certain recommendations for changes in salaries, fringe benefits and other terms of employment for the employee-members represented by the Organization. However, for convenience and clarity, the parties have also included herein certain provisions already contained in existing ordinances, resolutions, and policies of the City on matters pertaining to employer-employee relations. Therefore, it is the intent of the parties that the recommendations set forth herein should be implemented by the City Council only to the extent necessary to effectuate the changes expressly provided herein. ARTICLE 1.03 RECOGNITION The Bakersfield Firefighters Labor Organization, is hereby recognized as the Exclusive Recognized Employee Organization for those employee-members occupying the job classifications within the Fire Unit as set forth in the City's Employer-Employee Relations Ordinance Supplemental Rules and Regulations. ARTICLE 1.04 SCOPE OF REPRESENTATION The Scope of Representation of the Recognized Employee Organization shall include all matters relating to employment conditions and employer-employee relations including (but not limited to) wages, hours and other terms and conditions of employment but excluding the merits, necessity or organization of any service or activity provided by law or executive order. ARTICLE 1.05 MEMBERS ONLY It is agreed that the terms and conditions of this Agreement shall apply only to the members of the Organization employed in the classification set forth in Exhibit "A." ARTICLE 1.06 SENIORITY Seniority shall be given preference in scheduling vacations. Seniority as herein used shall be defined as the date of hire, whether continuous or not, with the City of Bakersfield Fire Department. ARTICLE 1.07 MANAGEMENT AND EMPLOYEE RIGHTS RESERVED The parties hereto recognize the City has and will retain the exclusive right to manage and direct the performance of City services and the work forces performing such services. The City end Organization agree that nothing in this Memorandum of Understanding shall in any way abridge, restrict or modify the rights and prerogatives of the City and its employment as set forth in Code Section 2.76 and said Section is hereby incorporated by this reference and made a part hereof as though set forth in full. ARTICLE 1.08 HOURS OF WORK The basic schedule for fire suppression employees who are covered by this Agreement shall average 56 hours per week with no so-called 'pay backs' ("D" days) for holiday time in the schedule and with the 24-hour shift being the normal work shift for employees. ARTICLE 1.09 OVERTIME PAY Overtime Pay - Schedulinq Shift Rate. Eligible employees of the Fire Department assigned to a 24-hour duty shift who work authorized overtime shall be compensated with a credit of compensatory time off at one and one-half (l~.&) times the hours of overtime worked or equivalent pay. Authorized overtime shall be any time worked over the regular work schedule. Such compensatory time shall be taken off as mutually agreed upon, however, such requests shall be made at least twenty-four (24) hours in advance of the requested time off. In granting compensatory time off, the Fire Chief shall call back off-duty personnel to maintain a minimum staffing schedule at each station. Such minimum staffing for each station, if in service, is as follows: STATION CAPTAINS ENGINEERS FIRE FIGHTERS Station 1 2 4 2 Station 2 I 2 2 Station 3 I I 1 Station 4 I I 1 Station 5 I I 1 Station 6 I I 1 Station 7 2 3 2 Station 8 1 2 1 Station 9 1 1 1 Station 11 1 1 1 Station 13 1 1 1 Staffing at Station 1 on Truck 1 may be modified as appropriate, if Truck 1 is expected to be out of service for twenty-four (24) hours or more as directed by the Fire Chief. The Fire Chief shall not be required to cell back personnel on City recognized holidays; however, compensatory time off may be granted by the Fire Chief if the staffing schedule is not effected on such holidays. 1.09.2 Minimum Callback. Fire Suppression pemonnel in the unit called back to work after being released shall be entitled to e minimum of two (2) hours of work or pay. Such minimum time shall not be appliceble for employees standing by for relief of other regular shift of workers on e normal shift-to-shift basis unless the employee is required to stand by for more than one (1) hour, in which cese the two (2) hour minimum applies. Such cellback time shall be paid at the rate of time and one-half (1 ~.&) in ceses of cellback for shift work or other non-emergency work. Double time shall be paid for cellbacks for fires, fire watches, staffing reserve fire apparatus during fires, and other emergency situations such as windstorms, earthquakes, rescue and flood except that the payment for all office of emergency services mutual aid overtime shall be at the one and one-half (1Y2) time rate. Modifications to Minimum Staffincl Schedule. At least sixty (60) days prior to the opening of any new fire station, and/or the transfer of any fire station to the City, the City shall give notice to the Organization and upon request, meet and confer on the minimum staffing levels for the new stations as well as possible changes in staffing levels at existing stations. 1.09.4 Maintainin{3 Minimum Staffin(~. Every effort will be made to maintain the assigned personnel complement of the respective fire companies. in order to maintain this staffing level, a certain amount of inconvenience may be experienced by the relieving personnel. Depending on who is excused from the company, a person will always be designated as being in charge. If the staffing level is affected beceuse of a detail in the first-in area, sending the entire company to the assignment will be considered. If the detail involves removing a person or personnel from the companies who will be out of the first-in response area, options such as furnishing relief for the employee on the particular detail, or possibly in extreme circumstances ceiling a piece of equipment out of service, will be considered. Regardless of the assignment or the people involved, every effort will be made to maintain the assigned personnel levels. ARTICLE 1.10 CONFLICT OF MEMORANDUM AND RESOLUTION It is understood and agreed that there exists within the City, in written form, certain Personnel rules, policies, practices and benefits, generally contained in the City's Civil Service Rules and Regulations and Ordinances. In the event of proposed changes to said rules and regulations, the Organization shall be advised for the purpose of enabling the City and Organization to meet and confer, as soon as possible, with respect to any such proposed changes. With regard to bargaining unit employees only, the City shall not have the right to change said rules and regulations where such change is expressly prohibited by specific provisions of this Memorandum of Understanding without prior negotiations with the Organization. The City does have the right to change said rules and/or regulations as they might affect other employees not covered by this Memorandum without prior meeting and conferring with the Organization. OR G;~ ,~L ARTICLE 1.11 VALIDITY OF MEMORANDUM 1.11,1 Should any portion of this Memorandum, or any provision herein contained, be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree of a competent jurisdiction, such invalidetlon of such portion of this Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect. The parties hereto mutually agree, dudng the term of this Memorandum, not to seek to meet and confer for the purpose of modifying any provision contained in this Memorandum unless the parties mutually agree in writing to do so. Should the parties mutually agree in writing to meet and confer during the tern3 of this Memorandum, neither party shall be obligated to add to, subtract from, or otherwise modify the terms herein, but if it is the desire of both parties to institute such changes, such changes shall not be precluded by this or any other provision of this Memorandum. Nothing contained in this Memorandum shall be interpreted to preclude the parties from meeting and conferring dudng the term hereof with respect to the interpretation and/or application of provisions of the Memorandum, the City's Personnel Resolution, Salary and Compensation Plan, or the provisions of the City of Bakersfield Code which deal with personnel matters, insofar as these documents affect the employee represented by the Organization under the terms of this Memorandum of Understanding. 1.11.2 The City shall not make changes on other matters within the Scope of Representation but not included in this Memorandum until it has first given reasonable prior notice to and met end conferred with the Organization. ARTICLE 1.12 SALARY AND WAGES The salary ranges for the classifications of the unit shall be amended as follows: 1.12.1 General Salary Increase. 2.5% December 27, 1993; 3% January 9, 1995 In addition to the increases set forth above, the parties have agreed on the following equity adjustments. These adjustments are intended to bring unit classifications ciosar to the average of survey agencies. 1% June 27, 1994 1% July 10, 1995 Increases occurring at the same time as those scheduled above, shall not compound with those increases. 1.12.2 Retirement Contributions. The City's contribution towards employees PERS contribution shall be 9% for those employees hired prior to July 1, 1983, and 4% for those employees hired on or after July 1, 1983. Employees hired after July 1, 1983, will be eligible to receive the 9% payment effective the beginning of their 7th uninterrupted year of service. Such payments by the City shall be reported as normal contributions and shall be credited to the employees accounts pursuant to the Government Code Section 2615; this PERS pickup is done pursuant to Section 414(H)(2) of the Internal Revenue Code. 1.12.3 Hazardous Materials Pay. Effective the July 25 pay period, individuals assigned to work as a certified Hazardous Materials Specialist or Hazardous Materials Technician at Station 11 shall receive payment of Ten Dollars ($10} per shift for those shifts actually worked in that capacity. ARTICLE 1.13 ACCESS TO PREMISES Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose of processing grievances or contacting members of the Organization concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent ofthe department head orthe City's Designated Representative. Access shall be granted so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted dudng work hours. If the attendance at a station exceeds the personnel on duty, the Organization shell gain approval for the meeting f~om the officer in charge of the Bakersfield Fire Department. ARTICLE 1.14 BULLETIN BOARDS Recognized employee organizations may use City bulletin boards for conduct of their business and social events under the following conditions: All materials must receive the approval of the department head in charge of the departmental bulletin board, (In some situations, particularly where larger employee organizations are involved, centralized approval by the City Manager or his/her designated representative may be more appropriate.) 2. All materials must be dated and must identify the organization that published them, The actual posting of materials will be done by the City as soon as possible after they have been approved. Unless special arrangements are made, materials posted will be removed thirty-one (31) days after publication date. Materials which the department head considers objectionable will not be posted, provided, however, the department head shall first discuss this denial with the City Manager. The City reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allocated to employee organizations' materials. An employee organization that does not abide by these rules may forfeit its right to have materials posted on City bulletin boards. The parties agree that the City will allow the installation of message boards provided by the Organization at each fire station. The size and location of such boards are subject to the approval of the Fire Chief. Message boards may be utilized by the Organization and all department employees; however, nothing shall be posted of a defamato~J nature. ARTICLE 1.15 NO REDUCTION It is agreed that no member of the Organization by virtue of adoption of this Agreement shall suffer a reduction in wages, and/or working conditions during the term of this Agreement, with the exception of those employees affected by hiring date under Article 1.12.2. 5 ORiGIN~"~L ARTICLE 1.16 AVAILABILI'FY OF DATA The City will make available to employee organizations such non-confidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Section 6250-62-60. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and aRer payment of reesonable costs, where applicable. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its soume confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this rule shall be construed to require disclosure of records that are: Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles unless authorization by the individual employee is obtained. Working papers or memoranda which are not retained in the ordinary course of business or any public records available which clearly outweigh the public interest served by disclosure of the record. Records pertaining to litigations to which the City is a party, orto claims or appeals which have not been settled. Nothing in this rule shall be construed as requiring the City to do programming or assemble data in a manner other than usually done by the agency. ARTICLE 1.17 NO STRIKE OR LOCKOUT The City agrees not to engage in any lockouts of the members of the Organization during the term of this Agreement. Participation by any employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action, up to and including discharge. No employee organization, its representatives, or members shall engage in, cause, instigate, or encourage, or condone a strike, work stoppage or work slowdown of any kind. If a recognized employee organization, its representatives, or members engage in, cause, instigate, encourage, or condone a strike, work stoppage or slowdown of any kind, in additional to any other lawful remedies or disciplinary action, the City's Designated Representatives may suspend or revoke the recognition granted to such employee organization, may suspend or cancel any or all payroll deductions payable to such organization, and prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty stations by such organizations. As used in this Section, 'strike or work stoppage' means concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation or the rights, privileges or obligations of employment. Any decision of the City's Designated Representative made under the provisions of this Section may be appealed to the City Council by filing a written Notice of Appeal with the City's Designated Representative, accompanied by a complete statement setting forth all of the grounds upon which the appeal is based. Such Notice of Appeal must be filed within seven (7) days after the affected employee organization first receives notice ofthe decision upon which its completion is based, or its complaint will be considered closed and not subject to any other appeal. 6 ORIG~Nt,,t. ARTICLE 1.18 UNION SECURITY Each employee in the Fire Unit shall, either 1.) become a member of the Organization to the extent of tendering the periodic dues uniformly required for membership, or 2.) pay to the Organization a periodic representational fee. Such representafional fee shall be in the amount uniformly established by the Organization's Board of Direntors, but in no event shall such representational fee exceed 95% of the amount that an Organization member would pay in dues for the same period. The Organization shall indemnify the employer and hold it harmless against any and all suits, claims, demands or other liabilities, including the employer's reasonable attorney fees, that may arise out of or by reason of any action taken by the employer for purposes of complying with this Article. This Article was implemented in accordance with Government Code Section 3502.5 and following a secret ballot election of the bargaining unit employees which was held in June, 1989. The Organization agrees to adhere to all statutory and judicial requirements relating to Agency shop. Specifically: Sen/ice Fee Organization agrees to keep an adequate itemized record of its financial transactions and shall make available annually to the City within sixty (60) days after the end of its fiscal year, a written financial statement in the form of a balance sheat and an operating statement certified as to accuracy by BFLO Board and a Certified Public Accountant. So Organization further agrees to hold such disputed fees in their entirety in an Escrow account to be maintained at a specified bank, pending resolution of the dispute pursuant to the Sen/ice Fee Complaint procedure. Sen/ice Fee Complaint Procedure This complaint procedure shall be utilized solely to resolve disputes arising out of the deduction of a Service Fee by the City pursuant to a negotiated agreement. 1. Issues subject to this Complaint Procedure shall be limited to the following: That a portion of the Sen/ice Fee deduction is being utilized for non- representational activities. That the non-member is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organization. In the event that it is determined pumuant to this procedure that such non-member is a member of a religion or body pumuant to this Section, he/she may designate a charitable fund exempt from taxation under Section 501, Paragraph C, Subsection 3 of the Internal Revenue Code chosen from the following: Any United Way Charity 7 ORtG~N~% ARTICLE 1.19 A. City agrees to deduct and to remit fees so designated in behalf of one of the above charitable organizations to said organization. Any non-member who objects to the deduction of the Service Fee by the Organization shall file a complaint with the Bakersfield Fireman's Labor Association (BFLA). The complaint shall be in writing and shall specify the reason(s) for the objection to the deduction. The complaint need not be formal but shall clearly state the basis for the objection. An employee who objects to the deduction of the Service Fee shall forward his/her written complaint to the Organization within forty-five (45) calendar days after the fee is initially deducted. Upon receipt of the written complaint the Organization shall place the entire Service Fee deduction into Escrow pending resolution of the dispute and shall request a list of arbitrators from the State Conciliation Service or the American Arbitration Service. Informal Mediation. Notwithstanding Step B, Subsection 2, above; either the Organization or the complainant may request the services of a State Conciliation Service Mediator in · preliminary effort to resolve the dispute prior to arbitration. The Mediator shall be utilized in an advisory capacity only. Following such non-binding informal advisory mediation, if either complainant or Organization is dissatisfied either party may request arbitration. Selection of Arbitrator. The Arbitrator shall be selected by mutual agreement between the Organization and the complainant. Date for Complaint Hearing. The Organization shall contact the selected Arbitrator within ten (10) calendar days from the date of the completion of the Mediation Process, or in the event that Mediation is not utilized, within ten (t0) working days of receipt of the complaint. Upon confirmation by the Arbitrator, the Organization will forthwith contact the complainant by Certified Mail indicating the date, time and place of the Complaint hearing. Pavment of Costs. in the event that the Organization prevails in said arbitration, the cost of arbitration shall be shared equally between the Organization and complainant. Should complainant prevail, the Organization shall pay the entire cost of the Arbitration. Effect of Arbitrator's Decision. The decision of the Arbitrator shall be final and binding. Upon receipt of the Arbitrator's decision, fees being held in Escrow shall be disbursed by the Organization in accordance with said decision. In the event that the Organization prevails, the City shall continue to deduct the Service Fees and remit them to the Organization as determined by the Arbitrator. GRIEVANCE PROCEDURES Purl~ose of the Rule To promote improved employer-employee relationships by establishing grievance procedures on matters for which appeal is not provided by other regulations. To afford employees individually or through recognized employee organizations a systematic means of obtaining further considerations of problems alter every reasonable effort has failed to resolve them through discussion. To provide that grievances shall be settled as near as possible to the point of origin. 4. To provide that the grievance procedure shall be as informal as possible. Matters Subject to Grievance Procedure. For the purpose of this rule, a grievance shall be considered as any matter for which appeal is not provided for, or prohibited, in the Personnel Ordinance concerning: A dispute about the interpretation or application of any ordinance, rule or regulation governing personnel practices or working conditions. A dispute about a decision on wages, hours and other terms and conditions of employment, other than a fundamental management decision. Informal Grievance Procedure. An employee who has a problem or complaint must first try to get it settled through discussion with his/her immediate supervisor without undue delay. If, after this discussion he/she does not believe the problem to be satisfactorily resolved, he/she shall have the right to discuss it with supervisor's immediate superior, if any, in the administrative service. Every effort must be made to find an acceptable solution by informal means at the lowest level of supervision. If employee is not in agreement with the decision reached by discussion, he shall then have the right to file a formal grievance in writing within ten (10) calendar days alter receiving the informal decision of his/her immediate superior. An informal grievance shall not be taken above the department head. Formal Grievance Procedure. (Levels of review through chain of command.) First Level of Review. A grievance shall be presented in writing to the employee's supervisor, as designated in the administrative rules, who shall render his/her decision and comments in writing and return them to the employee within ten (10) days after receiving the grievance. If the employee does not agree with his/her supervisor's decision, or if no answer has been received with ten (10) days, the employee may present the appeal in writing to his/her supervisor's immediate superior. Failure ofthe employee to take further action within ten (10) days alter receipt of the written decision of his/her supervisor, or within a total of twenty (20) calendar days if no decision is rendered, will constitute a withdrawal of the grievance. Further Level or Levels of Review as AI313rol~riate. The supervisor receiving the grievance shall review it, render his/her decision and comments in writing, and return them to the employee within ten (10) days after receiving the appeal. If the employee does not agree with the decision, or if no answer has been received within ten (10) days, he may present the appeal in writing to the department head. Failure of the employee to take further action within ten (10) days if no decision is rendered, will constitute a withdrawal of the grievance. 9 Department Review. The department heed receiving the grievance, or his/her designated representative, should discuss the grievance with the employee, his/her representative, if any, and with other appropriate pemons. The department heed shall render his/her decision and comments in writing and return them to the employee within ten (10) days after receiving the appeal. If the employee does not agree with the decision reached or no answer has been received within ten (10) calendar days, he shall have an additional ten (10) days to submit his/her grievance to the City Manager. Failure of the employee to take further action within ten (10) days after receip~ of the decision or within a total of twenty (20) days if no decision is rendered, will constitute withdrawal of the grievance. Citv Manacler Review. The City Manager, upon receiving the grievance, or his/her designated representative, should discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons, or upon written request by the employee, the City Manager shall hold a hearing with the employee. The City Manager may designate a fact-finding committee or an officer not in the normal line of supervision to advise him concerning the appeal. The City Manager shall respond in writing to the employee within ten (10) calendar days after receiving the grievance. ARTICLE 1.20 GRIEVANCES - REVIEW Grievances which may be processed through the procedure set forth in 1.19 shall be limited to those which 1.) have not been settled under the provisions set forth in 1.18 and 2.) the determination of which is not vested in either the City Manager, Chief of the Fire Department, Civil Service Commission or City Council by the City Charter. By way of example, disciplinary matters involving suspension of thirty (30) calendar days or less are vested by Charter in the City Manager, disciplinary matters involving suspensions of more than thirty (30) calendar days, up to and including discharge are vested by City Charter in the Civil Service Commission; and matters involving the expenditure of City funds are vested by Charter in the City Council. Grievances which are not settled pursuant to the grievance procedure herein shall be resolved in the following manner: Upon written notice received by either party and within ten (10) days thereof the parties shall each select one representative for the purpose of forming a Review Board. The two representatives selected shall, within seven (7) days, select a third party who shall be a resident of the City of Bakersfield. The Review Board shall, as soon as practicable, hold hearings on the grievance, said hearing to be held in conformity to normal hearing procedures. Either the City or the Organization may call any employee as a witness from work if he/she is on duty. Any employee called as a witness by the City shall not be debited for any hours not worked while on such call. Employees called by the Organization may be reimbursed by the Organization for any loss of pay for time off. The Review Board shall have no power to alter, amend, change, add to or subtract from any of the terms of the Memorandum. The decision of the Board shall be based solely upon the evidence and arguments presented to them by the respective parties in the presence of each other. 10 E. Either pa~q/may be represented by legal counsel. The parties shall pay their own expenses except for the third member of the Board whose expenses shall be shared equally. G. The decision of the review panel shall be final and binding upon the parties to the dispute. No decision of the panel shall require the exercise of the legislative authority of the City Council nor shatl it contravene any existing City ordinance, the City Charter or State Law. The decision of the panel shall be made in writing within twenty (20) days from the close of the hearing. ARTICLE 1.21 NOTICES Except as othenvise provided herein, notices required pursuant to the provisions of this Resolution or the Act, shall be given by United States mail, postage prepaid, addressed to the recipient by his/her last known address. In lieu of mailed notices required to be given by a recognized employee organization, personal delivery of such notices may be made on the City's Designated Representative. Notice shall be deemed for all purposes to have been given upon physical delivery thereof, or upon its deposit in the custody of said postal service. ARTICLE 1.22 HIGHER JOB CLASSIFICATION PAY Temporary Assiclnment to Duties in a Hiqher Classification. Any employee who is assigned duties of a higher job classification for more than ten (10) continuous hours in a single workshilt, shall be paid the wage rate of the higher classification. Biddinq and Promotions. The parties agree that the past practice on bidding and the filling of vacancies shall continue, providing that all actual vacancies shall be filled within two (2) weeks of the occurrence of the actual vacancy. C. LonaevitvPay All employees covered by this Agreement hired prior to April 10, 1989, who have completed fifteen (15) years of seniority with the City, shall receive additional pay that is equal to but not more than that amount of educational incentive pay that those employees covered by this Agreement receive who qualify for incentive pay based upon an Associate Arts degree in Fire Science. No employee shall be permitted to pyramid the fifteen (15) years seniority and the AA degree incentive pay. However, the payment of this longevity pay shall in no way eliminate any other pay the employee is entitled. 2. Employees hired alter April 10, 1989, shall not be eligible to receive longevity pay. ARTICLE 1.23 IMPROVEMENT IN QUALITY OF SERVICE It is the intent of the parties to improve the quality of service that the fire department provides the citizens of Bakersfield. It is agreed that the Employer end the Organization shall implement such steps that are necessary to bring about such improvements. 11 ORtG;~¢,L ARTICLE 1.24 BEREAVEMENT LEAVE In case of death within the immediate family of an employee, the employee may, upon approval of the department head, use up to two (2) shifts of any accumulated sick leave, vacation leave or compensatory time off due him/her for overtime worked, to attend the funeral or memorial services. Additional time off for travel may be granted upon recommendation of the department head and approval of the City Manager. The immediate family shall consist of spouse, parents, grandparants, brothers, sisters, children, grandchildren, mother-in-law and father-in-law. Employees electing to charge bereavement leave to either vacation leave or compensatory time off shall receive no reduction in sick leave conversion rights as provided in Article 1.30 below. ARTICLE 1.25 LEAVES OF ABSENCE Leave of absence without Day. Leaves of absence without pay, up to a period of six (6) months, may be granted to an employee upon the recommendation of the department head with the approval of the City Manager. No leave of absence shall be granted to allow an employee to accept other employment on a trial basis. Leaves of absence for periods of time longer than six (6) months must be approved by the City Council. Employees on authorized leave of absence without pay shall not accrue vacation, holiday or sick leave benefits during such leave. Unauthorized leave of absence. Unauthorized leave of absence shall be considered to be without pay and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence for more than two (2) consecutive working shifts shall result in automatic termination of employee unless the employee can demonstrate that such absence was due to circumstances beyond his/her control. Military leave of absence. Military leave shall be granted in accordance with the provisions of State and Federal laws. All employees entitled to military leave shall give the department concerned an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Community Service leave of absence. Leave of absence with pay, not to exceed one (1) full working day, may be granted an employee upon the recommendation of the department head and the approval of the City Manager, if such leave is determined to provide a community service and is in the best interests of the City. Discretion of the City Council. The City Council may, at its discretion, upon good cause shown, grant leaves of absence other than as provided for herein. ARTICLE 1.26 JURY DUTY Employees required to report for jury duty on a scheduled work day shall be granted a leave of absence from their assigned duties until released by the court. While on jury duty, such employees shall receive compensation from the City equal to the difference between their regular salaries and the amount received from the court for jury duty service, less mileage. Employees released from jury duty must report for work as soon as possible the same day. Employees on jury duty will not have that time deducted from their work hours for the purpose of calculating Fair Labor Standards Act overtime. 12 ARTICLE 1.27 HEALTH AND WEt. FARE The City and Organization have agreed that all future meeting and conferring and decisions regarding the structure of medical/dental insumnca covemgea shall take place through the Joint City/Employee Medical Insurance Committee. The Committee shall consist of representatives from each Unit and the City. There shall be a good faith effort to make all decisions by October 31 of each year. Discussions as to the City's contribution toward medical/dental insurance shall continue to be determined through the formal meet and confer process between the City and the individual units, Medical. Vision and Dental Benefits. Effective July 2, 1994, the City and employee shall share bi- weekly contributions towards e medical, vision and dental plan for all employees of these Units as follows: Eligible Fee Dental HMO Dental Fee Dental HMO Dental Employee Fee Health HMO Health HMO Health Fee Health Contribution Employee 80% 80% 80% 80% 20% only Employee +1 80% 80% 80% 80% 20% Family 80% 80% 80% 80% 20% Ufe Insurance. The City shall continue the base life insurance coverage of Twelve Thousand Dollars ($12,000). ARTICLE 1.29 UNIFORM ALLOWANCE The uniform annual allowance shall be Six Hundred Eighty Dollam ($680). One-half (~,~) of the amount to be paid July I with the remainder paid on December 1 for each year. Uniform allowance shall be earned monthly on a pro-rata basis, so that any employee terminating during the year will be charged for the unearned portion of the uniform allowance at the time of termination. ARTICLE 1.30 SICK LEAVE AND VACATIONS Vacation and sick leave accrual shall remain the same. Employees in the unit accrue sick leave at the rate of five point six (5.6) shifts per year with a maximum of fifty-six (56) shifts. An employee who has accrued fifty-six (56) shifts will receive one-half of his/her shifts accrued and unused during the year as vacation and the other one-half of unused shifts will be paid to the employee no later than the following January 15, All vacation pay that results from converted sick leave shall be paid no later than January 15 of each year. Employees who accumulate seven (7) or more shifts of vacation per year shall be entitled a split of vacation periods, Seniority shall determine the allocating of available vacation periods with all employees' first choices being considered before the consideration of the second half of a split vacation request. 13 1.30.2 Vacation Accrual. Fire department safety employees who are required to work on twenty- four hour duty shifts shall accrue vacation leave at the following rates: First four years, 0.180 of a twenty-four hour duty shift biweekly to yield 4.68 twenty-four hour duty shi~ts annually. Five through ~teen years, 0.270 of a twenty-four hour duty shift biweekly to yield 7.02 twenty-four hour duty shifts annually, Sixteen years or more, 0.360 of a twenty-four hour duty shift biweekly to yield 9.36 twenty-four hour duty shifts annually. All other fire department employees shall accrue vacation leave in the same manner as employees of the miscellaneous departments. 1.30.3 Vacation Schedulincl. Uptofive (5) employees (Firefighter through Captain classifications) shall be allowed to schedule vacation at any one time. Employees who accumulate seven (7) or more shifts of vacation periods shall be allowed to request a split in vacation periods. Seniority shall determine the allocating of available vacation periods with all employees' first choices being considered before the consideration of the second of a split vacation request. (one (1) shiE of vacation will be the smallest split. Employees must schedule vacation shifts dudng the annual vacation sign-up or may schedule an available vacation shift with department approval. These shifts taken off during the year are subject to: 1. Paragraph 1.30.2 above. 2. Forty-eight (48) hours advance request and department approval. 3. Requests will be processed on a first-come, first serve basis. ARTICLE 1.31 HOLIDAYS All employees covered by this Agreement shall accrue holiday pay at the rate of six and one-half (6.5) shifts per year to be paid as follows: Three and one quarter (3.25) shifts on or before December I of each year and three and one-quarter (3.25) shifts on or before June 30 of each year. ARTICLE 1.32 DEFERRED COMPENSATION AND SAVINGS PROGRAM Deferred Coml~ensation. The City agrees to make available to the employees covered by this Agreement a deferred compensation program. Savin.els Proqram. The parties agree to establish a cost savings-sharing program. The procedures for implementing this Plan will be worked out by mutual agreement of the parties. 14 ARTICLE 1.33 RETIREE MEDICAL Eligibility for and contributions toward retiree medical insurance shall be as set forth Bakersfield City Council Resolution No. 227-88. (See Exhibit II) Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage, whether through the City of Bakersfield, other employers, spouse coverage or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City's plan. ARTICLE 1.34 EAP PROGRAM The Organization will work with the department to resolve concerns regrading the confidentiality of the EAP Program. ARTICLE 1.35 RESIDENCY REQUIREMENT The residency requirement shall be forty-five (45) minutes normal driving time from City Hall. Normal driving time shall be defined as driving at the posted speed limit, absent any accidents, traffic jams, etc. ARTICLE 1.36 DRUG TESTING The Organization and City have agreed on a substance abuse policy. Copy is attached as Exhibit I. ARTICLE 1.37 SMOKING REGULATIONS 1.37.1 Employees hired after January 1, 1987, must be non-smokers. Prospective employees shall be required to sign an affidavit indicating that they have not smoked during the twelve (12) month period prior to hiring by the City. Further, they shall agree that they shall not smoke, either on or off duty, during the term of their employment with the City. Violation of the non-smoking agreement shall result in disciplinary action. 1.37.2 The City and Organization have met and conferred on the implementation of smoking regulations for fire stations. The parties have agreed to amend the draft smoking regulations by allowing smoking on the apparatus floor only. ARTICLE 1.38 PHYSICAL ASSESSMENT PROGRAM 1.38.1 At least once during the term of this Agreement, the City will offer each unit employee the opportunity to receive a comprehensive physical assessment and follow-up counseling session. When indicated by initial results, follow-up testing will be performed. The assessment will measure: cardiovascular fitness, blood pressure, blood composition (cholesterol, etc.), body composition, muscular endurance and flexibility. Results of the assessment shall be for the individual employees use only. The City will receive composite data to be used in evaluating the need for training semiham, etc. The City will consult with the Organization prior to selecting or changing the service provider. The City and Organization have formed a joint committee to study further modifications/development of a physical fitness program. Mutually acceptable findings of the committee shall be implemented as soon as practicable. 15 ORIG!NAL ARTICLE 1.39 UGHT DUTY When due to injury or illness, whether or not the injury or illness is work related and the employee is unable to perform his/her usual duties, the employee may work in a light duty capacity based on the following conditions: An employee may work light duty only upon approval of the properly appointed City Physician and Fire Chief, and only to the extent that the employee's illness or injury is not further aggravated by working in this capacity, nor is e hazard created for other employees. 2. Each applicant for light duty status must be evaluated on a case by case basis. Individuals are not assigned to light duty if there is a chance that doing so might result in liability against the City. It is not possible to list the specific tasks assigned to light duty personnel. Task assignments depend on physical limitations, as well as project needs, which fiuctuata on a daily basis. Some individuals might enter run reports into the computer, others might assist in filing, making copies, collating, etc. Employees shall accept light duty assignments, if offered, if their illness/injury is job related. Employees denied a requested light duty assignment will be provided a written explanation, if requested. Every effort is made to make the light duty assignment a pleasant learning experience for each individual involved. ARTICLE 1.40 HEPATITiS-B INOCULATIONS The City shall make available to all Unit employees, Hepatitis-B inoculations. Employees shall receive the inoculations on a voluntary basis. ARTICLE 1.41 BREATHING APPARATUS The City shall provide individual breathing apparatus masks for each unit employee engaged in fire suppression activities. ARTICLE 1.42 OVERTIME CARDS Overtime eards shall be moved only when the employee has actually worked a continuous 12- hour period or longer of overtime, or has declined to work. ARTICLE 1.43 CALLBACK Callback shall be on a rank-for-rank basis excluding callbacks to fill vacation and compensatory time off. 16 ARTICLE 1.44 CITY CODE MODIFICATIONS The Organization and City have agreed to modify the following sections of the Bakersfield City Municipal Code: 2.84.350, 2.84.440, 2.84.490, 2.84.670, 2.84.590, 2.84.620. Copies of the agreed upon language are attached as Exhibit IlL ARTICLE 1.45 PAYROLL 1.45.1 As soon as reasonably possible, the City shall implement a voluntary direct deposit system for all current Unit employees. Any employee hired under the Unit after July 1, 1994, shall be required to participate in the direct deposit program. 1.45.2 Effective immediately, all payroll changes shall take place at the nearest pay period. 1.45.3 Effective immediately, the City shall end the process of early release of vacation checks. ARTICLE 1.46 EARLY RELEASES Unit employees may, subject to approval of the on-duty Captain, arrange for early release up to two (2) hours prior to the scheduled end of their work shift. Release shall be contingent upon the employee's replacement a~ving to assume duty responsibility and completion of paperwork documenting the early release. Prior department approval is not required for early release. Compensation for early release is the responsibility of the involved employees, pursuant to procedures utilized for shiE trades. ARTICLE 1.47 COMPENSATORY TIME 1.47.1 Fire personnel on five (5) day per week work schedule may accumulate compensatory time up to sixty (60) hours. Any compensatory time in excess of sixty (60) hours shall be automatically paid if management is unable to schedule time off. The use of compensatory time shall be scheduled through mutual agreement between the employee and management. Management may establish time off for compensatory time in excess of forty (40) hours where mutual agreement cannot be reached. Employees retain the right to sash payment for any compensatory time on the books, subject to budgetary restraints. 1.47.2 Requests for compensatory time off shall be submitted no more than thirty (30) days in advice of the time requested off. Once submitted, requests shall be approved or denied within forty-eight (48) hours. Once approved, compensatory time off shall not be canceled, except in cases of emergency. ARTICLE 1.48 TERM OF AGREEMENT This Agreement shall be effective as of January 1, 1994, and shall remain in full force and effect until December 31, 1995, or until a new Agreement has been executed. Proposals for the contract period beginning January 1, 1996, shall be submitted by November 1, 1995, end negotiations shell commence no later than November 15, 1995, unless the parties mutually agree otherwise. This Memorandum is entered into and effective upon ratification and acceptance by the City Council of the City of Bakersfield. 17 ARTICLE 1.49 MAINTENANCE OF BENEFITS Except as specifically provided herein, the Organization hereby expressly waives any right to request any improvements or changes in the wages, hours or other terms and conditions of employment in for the employee-members represented by the Organization which would take effect prior to Janumy 1, 1996, and the City of Bakersfield, through its representatives, shall not be required to mast and confer as to any such request. The parties recognize that the~e are existing ordinances, resolutions and policies relating to benefits and other terms and conditions of employment and the same are not affected by this Agreement except as recommended herein. ARTICLE 1.50 HOUDAY CALL BACK On Christmas, Thanksgiving and Easter, a volunteer call back list will be used. Thirty (30) days before each holiday, personnel may call up the Captain's office and have their name put on the holiday call back list. These personnel will be used first before the regular call back list would be used for that holiday only. If there are not enough personnel on the list then call back would return to the regular list to fill the vacancy. This list of names will be used in the order in which they would have been on the regular call back list. Example: tf John was third on the regular list and Bill was fifth on the regular list and both called to be put on the holiday list for Easter, then John would be called first, followed by Bill and then if needed, the regular list would be used in order. These personnel, like all others, will go to the back of the list if used and would remain in their normal spot if not used. FOR THE CITY: DATE: AUG 0 1 1~, FIREg4.MOU 18 ORIGINAL EXHIBIT I City of Bakersfield Bakerafield Flreman'a Labor Organization Drug and Alcohol Policy Article I It is the purpose of this policy to maintain a drug-free work environment, to eliminate substance abuse and its effects in the workplace, and to ensure that employees are able to perform their duties safely and efficiently in the interests of the public, the City, their fellow employees and themselves. B.F.L.O. and the City recognize that drug or alcohol use in the workplace is a serious problem which can jeopardize the employee's safety, morale, productivity, and service to the public. The parties further recognize the importance of a safe, healthy and productive work environment and the need to eliminate substance abuse in the workplace. The City and B.F.L.O. agree that employees who use or possess illicit drugs or alcohol on the job, or are under the influence of or impaired by illicit drugs or alcohol on the job, have committed a violation of this policy and shall be subjected to disciplinary action. The City and B.F.L.O. recognize that employees have a right to personal privacy and confidentiality as long as their conduct does not affect their ability to fulfill their duties to the employer. The goals of this policy are to prevent drug and alcohol use and impairment on the job, and to encourage voluntary treatment and rehabilitation of those employees who acknowledge having a drug or alcohol problem that affects their ability to fulfill their employment duties. The City is supportive of those who seek help voluntarily and may authorize the use of earned sick leave, vacation or leave of absence to obtain such assistance. The City will be equally committed to identifying and disciplining those who continue to be substance abusers and do not seek help. This policy agreement applies to all employees and pertains to all substances, drugs or medications, legal and illegal, that could impair an employea's ability to effectively and safely perform the functions of the job. All testing pursuant to this agreement will be based solely upon "reasonable suspicion." Article 2 All employees shall be provided with a copy of this agreement. Newly-hired employees shall be given a copy of this agreement upon employment. Supervisors shall be familiar with the provisions of the agreement and shall be available to respond to questions. The City shall periodically disseminate educational matarlals regarding drug and alcohol use and abuse to all management, as well as represented employees. All employees, including management and supervisory personnel, shall be trained, with periodic updating, to correctly identify symptoms of drug or alcohol use. Training shall include obsewation, documentation and reporting procedures and methods to identify workplace substance abuse. Any supervisor who has not received appropriate training shall be deemed incapable of having "reasonable suspicion' under this agreement unless such reasonable suspicion is consistent with the criteria outlined in Article 4. Article 3 1. No employee shall possess or use any unlawful substance or drug. While on duty, no employee shall bring onto City property or have in his or her possession or ingest any alcoholic beverage, controlled substance, or drug, illicit or legal, unless such employee has lawfully been prescribed the controlled substance by his or her physician. OR G ~ Employees shall not present themselves for duty while under the influence of drugs or alcohol. De{ermination of being under the influence of drugs and alcohol must be made on a case-by-case basis as described in Article 4. Employees shall notify their supervisor of the effects or possible effects of medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of equipment. The employee, when asked, shall provide their supervisor with written proof from a physician stating the medication will not interfere with their proper performance. Employees must provide, within a reasonable period of time, bona fide verification of a valid prescription for any potentially impairing drug or medication identified when a drug screen and confirming (Gas Chromatography-Mass Spectrometry) test is positive. Article 4 The City may require an employee to submit to a medical evaluation or a drug screen only when the employer has a reasonable suspicion that the employee is under the influence of drugs or alcohol, and where the specific procedures provided below are followed. Random, mass or individually scheduled testing of employees for drugs or alcohol which is not based on reasonable suspicion and not performed pursuant to the specific procedures described below is prohibited by this article of the collective bargaining agreement. Reports of drug use or aberrant behavior which are not confirmed by specific observations as provided below shall not constitute reasonable suspicion in and of itself. "Reasonable suspicion" may exist when one or more of the elements in section (a), below, together with one or more of the factors listed in sections (b) and (c) are present: (a) An employee observes another employee exhibiting aberrant behavior, inability to do their job, using an illegal or otherwise controlled substance, as defined by the Health and Safety Code, at the work site, possessing drugs or alcohol at the worksite or other signs or symptoms of being under the influence, or based on information provided by two or more reliable informants; (b) The employee's behavior or symptoms are observed and confirmed by a supervisor, if possible. (c) The symptoms and/or behavior are of the type recognized and accepted by medical science as being under the influence caused by alcohol or controlled substances which may include, but are not limited to: (1) (2) (3) (4) ($) (6) (7) Slurred speech Drowsiness or actual sleeping during work hours Red, watery eyes Dilated and/or constricted pupils Odor of alcohol on the breath Unsteady gait Changes in appearances Poor work performance II (9) Absenteeism (10) Change in person's attitude/demeanor (11) Excessive tardiness In determining if "reasonable suspicion" exists, the supervisor may consider other factors (such as, but not limited to, fatigue, lack of sleep, reactions to noxious fumes or smoke, etc.) which may explain the behavior of the employee. The involvement of an employee in an accident or on-the-job injury shall not, standing alone, constitute the 'reasonable suspicion" required by this agreement. Each supervisor, employee, or other witness who obsewes on-duty conduct tending to establish "reasonable suspicion" will document in writing the specific symptoms or behaviors observed at the time of the observations. When an employee has reasonable suspicion that a management or other employee may be under the influence of drugs or alcohol or is othervise impaired while on duty, the employee shall immediately report that suspicion to the Fire Chief, the Deputy Fire Chief or their designee who is then under obligation to investigate. Failure to report may result in disciplinary action. The arrest for or conviction of a drug-related offense constitutes "reasonable suspicion" that the employee is under the influence of drugs or controlled substances as defined by the Health and Safety Code. Article 5 No drug testing or medical evaluation of the employee may be ordered without the written consent of the Fire Chief or the Deputy Fire Chief. If neither party is available, then said consent may be given by their designee. The written consent will be done as soon as practical, but will not delay the drug test. When a manager/supervisor has reasonable suspicion that an employee is under the influence of or impaired by alcohol or a controlled substance, he or she shall immediately notify the Fire Chief, Deputy Fire Chief or their designee and provide the information of 'reasonable suspicion" as required by Article 4. Article 6 '1. The Fire Chief, Deputy Fire Chief or their designee, shall decide, after considering all information, if an interview is deemed appropriate. Upon such notification, the Fire Chief, Deputy Fire Chief or their designee shall, if possible, observe the employee exhibiting the suspicious conduct and/or symptoms and shall, if possible, interview the employee. The subject employee shall have the right to B.F.L.O. representation during such interview, if he or she so requests, and the employee shall be advised of that right by the Fire Chief, Deputy Fire Chief or their designee prior to the interview. The employee and, if applicable, the B.F.L.O. representative shall upon request be given copies of all available documents of reasonable suspicion and have sufficient time (but in any event, no longer than one half (~,~) hour) to review these documents before the interview commences. During the interview, the Fire Chief, Deputy Fire Chief or their designee shall give the employee the opportunity to explain his or her condition and the Fire Chief, Deputy Fire Chief or their designee shall keep a record of the interview. Ill If, after observing and convetoing with the employee, reviewing the reporting manager's documentation and fairly considering the employee's explanation, the Fire Chief, Deputy Fire Chief or their designee believes reasonable suspicion exists that the employee is under the influence of alcohol or controlled substances, he/she may order the employee to undergo drug screening pursuant to the following procedures. Such order will be in writing, signed by the Fire Chief, Deputy Fire Chief or their designee and provided upon request to the employee and/or B.F.L.O., if possible. If reasonable suspicion exists, the employee shall have two options if ordered to submit to a drug test: Submit to urine testing for the presence of a controlled substance and release results to the Fire Chief or Deputy Fire Chief (if the drug test results for a controlled substance are positive, the employee shall be subject to disciplinary action up to and including termination); or Decline testing (if the employee meets the criteria for reasonable suspicion and refuses to comply with an appropriate order to submit to drug testing, the employee must be advised that such refusal constitutes insubordination and that serious disciplinary action, up to and including termination, may result). After careful review of the employee's record, with approval of the Fire Chief, the employee may elect to enter a drug rehabilitation program. Anyone who comes fortyard and asks for help will have the opportunity to be referred for rehabilitation. If the employee fails to complete the rehabilitation program, the City may initiate disciplinary action up to and including termination. If the employee completes the program, the employee may be returned to his or her former position and will be subject to random testing twice monthly for up to 18 months. Any second- time offender is subject to termination. Article 7 Employees ordered to submit to a medical evaluation or drug test shall be referred by the appropriate authority to a designated accredited medical facility or emergency room (Note: City Physician or Memorial Hospital). The employee shall be driven to the clinic (and subsequently driven home) by e person designated by the City, and may be accompanied by B.F.L.O. or other representative if the employee chooses. The employee shall produce and submit a urine sample for analysis in accordance with recognized chain-of-custody procedures. The employee may request that the B.F.L.O, representative be allowed to accompany the employee to the testing site and observe the process consistent with the chain-of-custody procedures. The collection of the specimen shall be in accordance with standard protocol. All specimen containers shall be sealed with tamper-proof evidence tape and labeled with the employee's idenfi~3cation number in the presence of the employee and the Union representative, if Union representation is requested by employee. Availability of Union representation will not be an issue to testing the employee. IV All testing shell be done by a laboratory certified by the National Institute on Drug Abuse (NIDA) and licensed by the State of California. Such laboratory shall perform such quality assurance measures as will ensure the accuracy of the results it reports. All samples shall be tested, but not limited to, using a screening test comparable, to, but not limited to the following: Enzyme Multiplied Immuno Technology, Thin Layer Chromatography, High Pressure Uquid Chromatography, or Antibody/Immunological testing. Following the screening test, all positive samples must then be subjected to a confirming test, using Gas Chromatography-Mass Spectrornetry (GC-MS). Both samples must be determined to be positive on the screening and confirmation tests to be deemed positive. The standard for a finding of positive shall be in accordance with the standards established by the National Toxicology Laboratories, Inc. The following is a list of drugs and their cutoff values in ng/ml: DRUGS SCREENING AMPHETAMINES amphetamine mathamphetamine 3OO BARBITURATES amobarbital butabarbital butalbital pentobarbital phenobarbital secobarbital 300 BENZODIAZEPINES 300 CANNABINOIDS 25 COCAINE benzoylicognine 300 OPIATES codeine heroin as morphine morphine 300 METHADONE 300 METHAQUALONE 30O PHENCYCUDINE 25 PROPOXYPHENE norpropoxyphene 300 ETHANOL 0.05% V 9. Using scientifically accepted protocol, a sample of the urine shall be retained for a period of 90 days for independent testing at the employee's request. Article 8 The physician or health care practitioner shall immediately report the results of the test to the Fire Chief. The Fire Chief or the Deputy Fire Chief shall notify the affected employee. When the results are negative, the employee shall be entirely vindicated of any wrongdoing related to substance abuse. If the sample is positive, it will be concluded that the employee recently was using the drug for which he/she tested positive. If samples are reported positive, appropriate disciplinary measures shall be taken. The City shall, if requested, present the employee with a copy of all of the laboratory reports including, but not limited to, all test results, computer printouts, interpretations, graphs, reports and chain-of-custody forms, and a copy of all materials upon which disciplinary action is based. B.F.L.O. and/or the employee shall have 90 days in which to request the original sample be retasted. If the screening and GC-MS tests are positive, Skelly procedures will be commenced immediately. Except as provided in Item 3, above, the test results and other related lab test reports, if any, shall be transmitted direcfiy to the Fire Chief and the Deputy Fire Chief and shall not appear in an employee's general personnel folder. information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Fire Chief. The reports or test results may be disclosed to City management on a strictly need-to-know basis and to the tested employee upon request. Disclosure without patient consent may also occur when: a. The information is compelled by law or by judicial or administrative process; The information has been placed at issue in a formal dispute between the employer and employee; c. The information is to be used in administering an employee benefit or assistance plan; The information is needed by medical personnel for diagnosis or treatment of a patient who is unable to authorize disclosure; or The patient and employer agree to the employee's participation in a substance abuse program, and the information is needed to formulate an appropriate rehabilitation program. Article 9 Employee on their own volition may seek voluntary assistance for alcohol or substance abuse problems without prejudice. Voluntary assistance does not include situations where the substance abuse problem has been discovered by the City. An employee who seeks voluntary assistance shall not be disciplined or illegally discriminated against for seeking such assistance. Requests for such assistance shall remain confidential and shall not be revealed to other employees. However, said information may be revealed to management personnel by the Fire Chief or Deputy Fire Chief on a need-to-know basis, with notification to the employee and justification therefor. VI 2. Employees are responsible for payment for such programs; however treatment may be covered by the group medical plan. It is the employeo's responsibility to ascertain this information. Any drug or alcohol testing performed pursuant to a voluntary treatment or rehabilitation program shall remain confidential. Article 10 Results of all urine tests performed pursuant to this agreement will be considered medical records and will be held in confidentiality to the extent permitted by law. Notwithstanding any provision in this policy, the parties understand that the City may pursue administrative action based on internal investigation of off-duty misconduct. Any disputes over the meaning or application of this agreement shall be resolved pursuant to the grievance arbitration procedure of the collective bargaining agreement. This agreement is in no way intended to supersede or waive an employee's federal or state constitutional rights and/or protection, nor to supersede any state or federal law pertaining to any aspect of this agreement. Article 11 The City and B.F.L.O. encourage the voluntary utilization of Employee Assistance Programs The EAP is available for assessment, diagnosis and referral to treatment. Any employee wishing confidential assistance can call the EAP provider and arrange an appointment with a counselor. All EAP contacts are held in strict confidence by the EAP unless the employee requests, through specific written authorization for the release of information, that the Manager of Human Resources, supervisor, bargaining unit or other parties be notified. In the event an employee is utilizing EAP services for substance abuse, the Fire Chief, Deputy Chief or their designee shall be provided progress reports to insure compliance with the program. The employee's compliance with the EAP program is voluntary. Absent just cause, the employee's job security and/or promotional opportunities will not be jeopardized by voluntary participation in the EAP. However, use of the program does not represent absolution for unsatisfactory job performance or conduct. Sick leave can be utilized for self-referral appointments during regular work hours if the employee is unable to schedule them during off-duty hours. Any eamed leave time may be utilized for EAP participation. If an employee requires additional time, he/she may request a medical leave of absence without pay subject to approval by the Fire Chief and/or City Manager or City Council. VII OR,O~ , EXHIBIT II RESOLUTION NO. 227-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD REGARDING CITY CONTRIBUTIONS TO PREMIUMS FOR RETIREES "FEE FOR SERVICE" HEALTH PLAN. WHEREAS, the City of Bakersfield wishes to accurately calculate retiree claims costs; and WHEREAS, said calculation will, through separate experience rating, result in increased retiree premiums on the "Fee for Service" Health Plan; and WHEREAS, the active employee groups expressed their concerns that adjusted higher rates for the "Fee for Service" Health Plan should be shared by the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. Forty-two percent (42%) of the actual premium for the "Fee for Service" Retiree Health Plan shall be paid by the City of Bakersfield; and 2. The balance of the above premium shall be calculated ~ursuant to the formula attached on Exhibit "A." 3. Retired employees covered under the HMO Insurance (Health Net Plan) shall only receive City contributions under the formula described in Exhibit "A." ......... o0o .......... ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on November 16, 19U8__, by the following vote: AYES: COUNCILMEMBEI~: CHILI~ IkMIINI), ~ RAI"~: ~, ~ ~ NOES: COUNCILMEMBEr: None ASSENT; COU~ILMEMBERS; None ABSTAINING: COUNCILMEMBEr. None CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED November 16, 1988 MAYOR of the City ~ff Bakersfield APPROVED as to form: C/T%' ATTORN~f/e ~ity o~ Bakersfield R RES 4 RETIREE. 1 Attachment - Exhibit "A" 11/15/88 EXHIBIT 2- EXHIBIT "A# CURRENT FORMULA FOR CITY CONTRIBUTION RETIRED EMPLOYEES GROUP Effective May 1, 1985, retired employees covered under the City's health plan shall receive City contributions based on the following formula: the City shall contribute two percent (2%) of the monthly premium for Health Net (under age 65 rate) times each year of service (to the nearest half year) for single- party coverage, and one and one-half percent (1-1/2%) of monthly premium for two-party coverage for Health Net (under age 65 rate) times each year of service (to the nearest half year) for retired employees with two-party and family coverage. LTC/lg R RES 5 RETIREE.3 - 3 - EXHIBIT III DRAFT ORDINANCE NO. AN ORDINANCE AHENDING 8ECTIONE 2.84.350 AND 2.84.440 AND REPP. J~ING SECTIONS 2.84.410 AND 2.84.470 OF THE BAKERSFIELD HUNICZPAL CODE RELATING TO ANNUAL V~C&TION LEAVE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION I Section 2.84.350 of the Bakersfield Municipal Code relating to annual vacation leave is hereby amended as follows: 2.84.350 Annual vacation leave--Accrual. A. All eligible employees of the miscellaneous and police departments shall earn and take vacation leave on the basis of working days. Accrual of vacation leave shall be at the following rate: 1. First four years, 0.385 of a working day biweekly to yield ten working days annually; 2. Five through thirteen years, 0.577 of a working day biweekly to yield fifteen working days annually; 3. Fourteen years or more, 0.770 of a working day biweekly to yield twenty working days annually. B. Fire department safety employees who are required to work on twenty-four-hour duty shifts shall accrue vacation leave at the following rates: 1. First four years, 0.180 of a twenty-four-hour duty shift biweekly to yield 4.68 twenty-four-hour duty shifts annually; 2. Five through fifteen years, 0.270 of a twenty-four- hour duty shift biweekly to yield 7.02 twenty-four-hour duty shifts annually; 3. Sixteen years or more, 0.360 of a twenty-four-hour duty shift biweekly to yield 9.36 twenty-four-hour duty shifts annually. DRAFT C. All other fire department employees shall accrue vacation leave in the same manner as employees of the miscellaneous departments. D. Table 2.84.350(A) and (C) VACATION ACCRUAL (Excludes Fire Department Safety Personnel) Lenqth of Service ~ through 4 years 5 through 13 years 14 years or more Bi-weekly Accrual Rate 0.385 0.577 0.770 Annual Accrual Rate 10 working days (80 hours) 15 working days (120 hours) 20 working days (160 hours) Maximum Vacation Accrual 20 working days (160 hours) 33 working days (264 hours) 49 working days (392 hours) E. Table 2.84.350(B) VACATION ACCRUAL--FIRE DEPARTMENT SAFETY PERSONNEL (Required to Work 24-Hour Duty Shifts) LenGth of Service Bi-weekly Accrual Rate Annual Accrual Rate Maximum Vacation Accrual ~ through 4 years 5 through 15 years 16 years or more 0.180 of a 24- hr. duty shift 0.270 of a 24- hr. duty shift 0.360 of a 24- hr. duty shift 4.68 24-hr. duty shifts 7.02 24-hr. duty shifts 9.36 24-hr. duty shifts 9.36 24-hr. duty shifts (224.64hrs.) 15.44 24-hr. duty shifts (370.56hrs.) 21.52 24-hr. duty shifts (516.48 h rs.) SECTION 2 relating follows: Section 2.84.440 of the Bakersfield Municipal Code to annual vacation leave is hereby amended to read as 2.84.440 Annual vacation leave--Loss for nonuse Limitation of accrual. A. An employee may not accumulate vacation leave in excess of the number of working hours/days or 24-hour duty shifts as set forth in Tables 2.84.350(A) (C) and 2.84.350(B) without DRAFT express written consent of the Department Head and City Manager or his/her designee. B. When, at the convenience of the city, an employee is unable to take or complete vacation leave, compensation in the amount equivalent to the regular salary may be paid upon written request by the employee and approval of the Department Head and City Manager or his/her designee. 1995. C. This provision shall take effect December SECTION 3 Section 2.84.410 of the Bakersfield Municipal relating to annual vacation leave is hereby repealed. Code SECTION 4 Section 2.84.470 of the Bakersfield Municipal relating to annual vacation leave is hereby repealed. Code SECTION This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o00 .......... 3 DRAFT I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: BOB PRICE, Mayor of the City of Bakersfield APPROVED AS TO FORM: JUDY K. $KOUSEN City Attorney 4 DRAFT ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.84.490 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SICK LEAVE--POLICY BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.490 of the Bakersfield Municipal Code related to sick leave--policy is hereby amended to read as follows: 2.84.490 Sick leave--Policy. A. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability other than industrial injury. Medical and dental appointments qualify for sick leave. B. Sick leave shall be allowed in case of the employee's own illness, the employee's spouse, parent, person in loco parentis, or minor children are ill or injured and in need of medical attention, provided that no one else is readily available to care for them. Accumulated sick leave shall also be utilized for leaves of absence pursuant to 2.84.620(G). C. Employees may utilize one eight-hour day or its shift equivalent per year as personal necessity leave chargeable to sick leave. Such leave is designed to permit employees time off during normal working time to conduct personal business. Personal necessity leave shall require prior approval of the department head and shall be taken in minimum increments of two hours. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. o0o EXHIBIT DRAFT I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE Mayor of the City of Bakersfield APPROVED AS TO FORM: JUDY H. BHOUSEN City Attorney MGA:gp:rb ORD\2-84-490.AMO 7/12194 - MGA-ORDINANCE\2-84*490.FIN EXHIBIT DRAFT ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.84.570 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SICK LEAVE--PAYMENT FOR ACCUMULATED LEAVE--UPON RETIREMENT BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.570 of the Bakersfield Municipal Code related to Sick leave--Payment for accumulated leave--Upon retirement is hereby amended to read as follows: 2.84.570 Sick leave--Payment retirement. for accumulated leave--Upon A. An employee eligible for retirement who leaves permanent city service shall be allowed regular compensation for one-half of the accumulated sick leave due up to the effective date of Termination. An employee may not delay an otherwise appropriate industrial disability retirement date by a request to exhaust previously accumulated sick leave prior to the effective date of said retirement. B. This payment shall not be construed as any part of gross remuneration for purposes of retirement. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... O00 .......... DRAFT I HEREEY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE Mayor of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney 5/4/94 EXHIBIT DRAFT ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.84.590 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SICK LEAVE--RETENTION OF ACCUMULATED LEAVE ON REHIRING BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.590 of the Bakersfield Municipal Code related to sick leave--retention of accumulated leave on rehiring is hereby amended to read as follows: 2.84.590 Sick leave--Retention of accumulated leave on rehirin~. Whenever any city employee is rehired to city employment and his/her break in city service does not exceed thirty working days, the city council may credit him/her with the accumulated sick leave earned prior to separation from city employment which the employee was not otherwise compensated for. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o ......... DRAFT I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE Mayor of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney 7/12/94(EGA-ORDINANCE\2-84-590.F[N) EXHIBIT DRAFT ORDINANCE NO. AN ORDINANCE ANENDING SECTION 2.84.620 OF THE BAKERSFIELD HUNICIPALCODE RELATING TO LEAVES OF ABSENCE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.620 of the Bakersfield Municipal Code related to leaves of absence is hereby amended to read as follows: 2.84.620 Leaves of absence. A. Leave of Absence Without Pay. Leaves of absence without pay, up to a period of one hundred eighty calendar days, may be granted to an employee upon the recommendation of the department head with the approval of the city manager. No leave of absence shall be granted to allow an employee to accept other employment on a trial basis. Leaves of absence for a period of time longer than one hundred eighty calendar days must be approved by the city council. Employees on authorized leave of absence without pay shall not accrue vacation, holiday or sick leave benefits during such leave. Employees on such leaves for a full biweekly pay period shall pay for their own health plan insurance. B. Unauthorized Leave of Absence. Unauthorized leave of absence shall be considered to be without pay and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence for more than two consecutive working days shall result in automatic termination of employment unless the employee can demonstrate that such absence was due to circumstances beyond his control. C. Military Leave of Absence. Military leave shall be granted in accordance with the provisions of state and federal laws. All employees entitled to military leave shall give the department concerned an opportunity, within the limits of military regulations, to determine when such leave shall be taken. D. Leaves of Absence With Pay--Designated Personnel. Employees designated by the letters "C" or "D" preceding each class title in the Schedule of Salaries and Related Benefits as adopted by resolution of the city council may be granted administrative leave of absence with pay by the department head with the approval of the city manager. Such leave granted at any one time shall not exceed one working day for employees designated by the letter "C" or three working days for employees designated by the letter "D" in said schedule. EXHIBII D AFT E. Jury Duty--Leave of Absence. Employees required to report for jury duty on a scheduled workday shall be granted a leave of absence from their assigned duties until release by the court. When on jury duty, such employees shall receive compensation from the city equal to the difference between their regular salaries and the amount received from the court for jury duty service, less mileage. Employees released from jury duty must report for work as soon as possible the same day. F. Maternity--Leave of Absence. Any employee disabled due to pregnancy, childbirth or related medical conditions may use disability (where available), accrued sick leave, accrued vacation, other accrued leave (where available) or unpaid medical leave of absence for the period during which such disability exists, not to exceed six months except as approved by the city council pursuant to Section 2.84.560. An employee requesting maternity leave must provide thirty days' notice, unless the related medical condition is unforeseeable, to the department head, as well as the estimated duration of the maternity leave. G. Family Care--Leave of Absence. Accrued vacation, other accrued leave (where available), or unpaid leave of absence not to exceed twelve weeks in any twelve-month period shall be granted to an employee who has accrued more than one year of continuous service with the city and has worked at least 1,250 hours within the previous twelve-month period for the following purposes: 1. The birth, adoption or serious illness of a child, including the placement of a child in foster care. An employee seeking to take a leave for the birth of a child or placement of a child in adoption or foster care must take the leave during the twelve-month period immediately following the birth or placement. parent. 2. The serious illness of a spouse, child or 3. The employee's own serious illness. Leave provided for in this subsection may be taken in one or more periods, but shall not exceed a total of twelve weeks within a twelve-month period from the date the leave commenced. Leave is available only for an illness which involves either in-patient care or continuing treatment by a health care provider. Covered conditions include any serious or chronic health condition involving continuing treatment by a health care provider and causing more than three days' absence from work, school or other regular daily activity or which, if left untreated, would result in such absence. EXHIBIT ' DRAFT "Continuing treatment by a health care provider" is defined as two or more treatments by such provider, or one treatment followed by a regimen of continuing treatments, such as physical therapy. This includes being supervised by a health care provider, without necessarily being actively treated, due to a serious long-term or chronic condition or disability which cannot be cured. Medical verification for the leave period requested is required for the employee or ill family member. Employees are required to give at least thirty (30) days' written notice in the event of a foreseeable leave. In unexpected or unforeseeabl~ situations, an employee should provide as much written notice as is practicable. In granting a leave of absence pursuant to the Family and Medical Leave Act of 1993 (FMLA), the City requires employees to utilize all accrued vacation and other accrued leave (where available) during the twelve weeks of leave. In granting a leave of absence pursuant to the California Family Rights Act (FRA), the City requires employees to utilize all accrued vacation and other accrued leave (where available) during the twelve weeks of leave for the employee's own serious health condition. However, the City and the employee may mutually agree to the use of accumulated leave in the instance of leave under FRA for the birth, adoption or foster care of a child, or to care for a child, parent or spouse with a serious health condition. The balance of the twelve-week leave period shall be an unpaid leave of absence. Employees retain "employee" status while on family care leave. The leave does not constitute a break in service for purposes of longevity, and/or seniority. However, an employee on unpaid family care leave does not continue to accrue vacation leave, sick leave or any form of leave based upon hours worked. Pregnancy disability leave is provided for in subsection F. Employee health benefits shall be maintained under the same conditions as coverage would have been provided if the employee had been continuously-employed during the leave period. Employees utilizing all accrued vacation and other accrued leave (where available) during the twelve weeks of leave shall continue to pay their employee contributions for health benefits. Employer may recover its premium if employee fails to return from leave for reasons other than serious health condition or other circumstances beyond employee's control. Any other conditions or interpretations of this leave shall be based upon the Federal Family and Medical Leave Act and the California Family Rights Act. this All leaves of absence without pay not covered by subsection shall be requested pursuant to subsection A. ~%. ~,:~.k2 H. Community Service--Leave of Absence. Leave of absence with pay, not to exceed one full working day in any twelve- month period, may be granted to an employee upon the recommendation of the department head and the approval of the city manager if such leave is determined to provide a community service and is in the best interests of the city. I. Discretion of the City Council. The city council may, at its discretion, upon good cause shown, grant leaves of absence other than as provided for in this chapter. SECTION This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... EXHIBIT I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE Mayor of the City of Bakersfield APPROVED as to form: JUDY K. BKOUSEN City Attorney 14GA:gp:rb 5/4/94 7/12/94(aga-ordinance\2-84-620.fin) EXHIBIT 5 C. All other fire department employees shall accrue vacation leave in the same manner as employees of the miscellaneous departments. D. Table 2.84.350(A) and (C) VACATION ACCRUAL (Excludes Fire Department Safety Personnel) Length of Service Bi-weekly Accrual Rate Annual Accrual Rate Maximum Vacation Accrual through 4 years through 13 years 0.385 0.577 10 working days (80 hours) 15 working days (120 hours) 20 working days (160 hours) 33 working days (264 hours) 14 years or more 0.770 20 working days (160 hours) 49 working days (392 hours) E. Table 2.84.350(B) VACATION ACCRUAL--FIRE DEPARTMENT SAFETY PERSONNEL (Required to Work 24-Hour Duty Shifts) Length of Service Bi-weekly Accrual Rate Annual Accrual Rate Maximum Vacation Accrual ~ through 4 years 5 through 15 years 16 years or more 0.180 of a 24- hr. duty shift 0.270 of a 24- hr. duty shift 0.360 of a 24- hr. duty shift 4.68 24-hr. duty shifts 7.02 24-hr. duty shifts 9.36 24-hr. duty shifts ~. 36 -24-hr. dut~ I shifts (~ hrs .~ ~44 24-hr. duty shifts (~.56 hrs. ~.52, 24-hr. duty shifts (~ ~s. SECTION 2 relating follows: Section 2.84.440 of the Bakersfield Municipal Code to annual vacation leave is hereby amended to read as 2.84.440 Annual vacation leave--Loss for nonuse Limitation of accrual. A. An employee may not accumulate vacation leave in excess of the number of working hours/days or 24-hour duty shifts as set forth in Tables 2.84.350(A) (C) and 2.84.350(B) without