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HomeMy WebLinkAboutRES NO 124-92RESOLUTION NO. 124-92 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING SETTING SALARIES AND RELATED BENEFITS FOR CAPTAINS OF THE FIRE DEPARTMENT OF THE CITY OF BAKERSFIELD. WHEREAS, the Charter of the City of Bakersfield, authorizes the City Council to provide for salaries benefits for employees of the City; and Section 12, and related 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, Fire Supervisory Unit which represents this City's fire captains; and WHEREAS, The City's negotiator and the Bakersfield Firefighter's Labor Organization, Fire Supervisory Unit 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, 1992, and expire at midnight on December 31, 1993, for all employees of said Supervisory 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, 1992, the attached document, entitled "Memorandum of Understanding between the Bakersfield Firefighter's Labor Organization, Fire Supervisory 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 Supervisory Unit for the two-year period beginning January 1, 1992, and expiring at midnight December 31, 1993. .......... ooo .......... 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 JUL 0 1 lggZ , by the following vote: AYES: COUNCILM~MBERS: EDWARDS, OeMONO, SMITH, BRUNNI, P~TERSON, McDERMOT'i', SALVAGGIO NOES; COUNCILMEMBERS: ~3 ~, ABSENT COUNCILMEMBERS: ~?JOVI6 ABSTAIN: COUNCILMEMBERS' J',Jovl'~J CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 0 I ~997.. CLARENCE E. ME-DDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield MC/kef Attachments RES.92\FIRE.MOU OR;G~^L ~Y13.10.01 JUN 1992 0 -18 A CLASSIFICATION TITLE FIRE CAPTAIN FIRE CAPTAIN C SALARY O SASIS 8 HOURLY S HOURLY-112 HONTHLY CITY OF BAKERSFIELD SALARY SCHEDULE 6 ' FIRE SUPERVISORY UNIT EFFECTIVE DATE: 30 DEC 1991 EDU STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 PCT 19.076 20.042 21.052 22.116 23.?-37 1,526.08 1,603.36 1,68~.16 1,769.28 1,858.96 3,319.22 3,487.31 3,663.05 3,8~8.18 4,043.24 13.624 14.319 15.03~ 15.803 16.602 1,525.89 1,603.~3 1,683.81 1,769.94 1,859.42 3,318.81 3,488.11 3,66Z.28 3,8~9.61 4,044.25 PAGE: 2 RUN DATE: 06-19-92 ORiGiNAL 10-7-92 Vana Albitre talked with Gil Rojas regarding his signing this document. Gil Rojas said that he and Maureen Cother had met with the organization regarding this MOU earlier that morning - it does have errors that need to be corrected. The Organization is going to get back with Gil Rojas with their decision of how they are going to go about correcting it. Gil Rojas, Assistant Finance Director, has indicated he will not sign due to an imcorapists MOU. ~;~.~ ~?/15/92 08:~8 N0~578 ~12 MEMORANDUM OF UNDERSTANDING BAKERSFIELD FIREFIGHTERS LABOR ORGANIZATION, FIRE SUPERVISORY UNIT AND CITY OF BAKERSFIELD January 1, 1992 - December 31, 1993 ~?/15/92 08:48 N0.378 QI3 TABLE OF CONTENTS ARTICLE 1.01 1,02 1.03 1.04 1.05 1.06 I .07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 PARTIES TO MEMORANDUM 1 RECOGNITION 2 SCOPE OF REPRESENTATION 3 MANAGEMENT AND EMPLOYEE RIGHTS RESERVED 3 HOURS OF WORK 3 SALARY AND WAGES 3 HEALTH AND WELFARE 4 VISION INSURANCE 5 UNIFORM ALLOWANCE 5 HOLIDAYS 5 JURY DUTY 5 SICK LEAVE 6 BEREAVEMENT LEAVE 6 COMPENSATORY TIME 7 STANDBY 7 VACATION SPLIT 7 PHYSICAL ASSESSMENT PROGRAM 8 GRIEVANCE PROCEDURES 8 GRIEVANCE REVIEW 10 RETIREE MEDICAL 12 NO STRIKE OR LOCKOUT 12 LIGHT DUTY 13 SMOKING REGULATIONS 14 RESIDENCY REQUIREMENT 14 VACATION 14 HEPATITIS-B INOCULATIONS 14 DRUG TESTING 14 .28 1.29 1.30 1.3t 1.32 1,33 1.34 I .35 I .36 1.37 1.38 1,39 1.40 1.41 1.42 1.43 1.44 1,45 1.46 1.47 1.48 1.49 1.50 1.51 1.52 1.53 1,54 1.55 COMPENSATION ADJUSTMENT/FAIR LABOR STANDARDS ACT 15 BREATHING APPARATUS 15 OVERTIME CARDS 15 CALLBACK 15 DEFERRED COMPENSATION AND SAVINGS PROGRAM 15 UNION SECURITY 16 OVERTIME PAY 18 MINIMUM CALLBACK 19 MODIFICATIONS TO MINIMUM STAFFING SCHEDULE 19 MAINTAINING MINIMUM MANNING 20 AVAILABILITY OF DATA 20 HIGHER JOB CLASSIFICATION AND LONGEVITY PAY 21 LEAVES OF ABSENCE 21 IMPROVEMENT IN QUALITY OF SERVICE 22 MAINTENANCE OF BENEFITS 22 VALIDITY OF MEMORANDUM 23 ACCESS TO PREMISES 23 BULLETIN BOARDS 24 SENIORITY 24 NO REDUCTION 24 EAP PROGRAM 25 ACTING ASSIGNMENTS 25 JOINT COMMITTEES 25 EARLY RELEASE 25 DIRECT DEPOSIT 26 HOLIDAY CALL BACK 26 EXAMINATIONS 26 TERM 26 This Memorandum of Understanding is entered into with reference to the following facts: no The Bakersfield Firefighters Labor Organization, hereinafter referred to as the Organization, is the only recognized employee organization with the right to meet and confer in good faith on behalf of employees of the City of Bakersfield employed in those certain classifications included within the appropriate unit of representation commonly referred to as the Fire Supervisory Unit (Unit No. 6). Representatives of management for the City of Bakersfield and representatives of the Organization have met on a number of occasions and have conferred in good faith exchanging a number of proposals concerning wages, hours, fringe benefits and other terms and conditions of employment for employee- members represented by the Organization. C o Representatives of management for the City of Bakersfield and representatives of the Organization have reached an understanding as to certain recommendations to be made to the City Council for the City of Bakersfield and have agreed that the parties hereto will jointly urge said Council to adopt one or more resolutions which will provide for the changes in wages, hours, fringe benefits and other terms and conditions of employment contained in these joint recommendations. THEREFORE, the representatives of Management for the City of Bakersfield and the representatives of the Organization agree as follows: The parties hereto shall jointly recommend to the City Council of the City of Bakersfield that one or more salary resolutions be adopted effectuating the following changes in salaries, fringe benefits and other terms of employment for the employee-members represented by the Organization: ARTICLE 1.01.1 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 Bakersfield Firefighters Labor Organization, hereinafter 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. -1- 1.01.2 CITY COUNCIL DETERMINATION This Memorandum of Understanding constitutes a joint recommendation between the parties here 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 force 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. 1.01.3 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 the 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. ARTICLE 1.02 RECOGNITION The Bakersfield Firefighters Labor Organization, Fire Captains, is hereby recognized as the Exclusive Recognized Employee Organization for those employee-members occupying the job classifications within the Fire Supervisory Unit as set forth in the City's Employer-Employee Relations Ordinance Supplemental Rules and Regulations. -2- ARTICLE 1.03 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 1.04 MANAGEMRNT 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 and 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 1.05 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 "paybacks" ("D" days) for holiday time in the schedule and with the 24-hour shift being the normal work shift for employees. ARTICLE 1.06 SALARY AND WAGES The salary ranges for the classifications of the unit shall be amended as follows: 1.06.1 General Salary Increase 3% December 30, 1991; 3% December 28, 1992 1.06.2 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 closer to the average of survey agencies. 1% December 30, 1991 2.5% June 29, 1992 1% December 28, 1992 1.5% June 28, 1993 Increases occurring at the same time as those scheduled above, shall not compound with those increases. -3- I .06.3 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 on or 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. ARTICLE 1.07 HEALTH AND WELFARE The City and Organization have agreed that all future meeting and conferring and decisions regarding the structure of medical/dental insurance coverages 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, 1992, the City and employees shall share bi-weekly contributions towards medical, vision, and dental plans all employees of these Units as follows: for Employee only Employee +1 Family Fee Dental HMO Dental Fee Dental HMO Dental Employee Fee Health HMO Health HMO Health Fee Health Contribution 83% 83% 83% 83% 17% 83% 83% 83% 83% 17% 83% 83% 83% 83% 17% Effective December 30, 1993, and thereafter, the City and employees shall share bi-weekly contributions towards medical, vision, and dental plans for all employees of these Units as follows: -4- Fee Dental Fee Wealth Dental HMO HMO Meal~h Fee Dental HMO Health Dental MMO ~mployee Fee Mealth Contr{bution Employee 80% 80% 80% 80% 20% only Employee 80% 80% 80% 80% 20% +1 Family 80% 80% 80% 80% 20% Life Insurance. Effective July 1, 1992, the full cost of the existing life ARTICLE 1,08 VISION INSURANCE the City shall pay insurance program. The City shall maintain in effect the existing vision insurance coverage for all employees and their family mer~bers. Plan coverage shall be as agreed by the medical insurance committee. The City shall pay the full premium for the term of this Agreement, ARTICLE 1.09 UNIFORM ALLOWAN~ Effective July 1, 1992, the uniform allowance shall be increased to Six Hundred Forty ($640) Dollars. Effective July 1, 1993, the uniform allowance shall be increased to Six Hundred Eighty ($680) Dollars. For each year, one-half the uniform allowance will be paid on or before July 1, the remaining one-half will be paid on or before December 1. Effective December, 1993, the Butwin Jacket shall become a mandatory uniform item. ARTICLE 1.10 HOLXDAYS 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: One-half (1/2) for three and one quarter (3.25) shifts on or before December 1 of each year and one- half (1/2) or three and one quarter (3.25) shifts on or before June 30 of each year. Fire prevention personnel shall be entitled to standby pay in the amount of $20.00 for each holiday for which such employee is required to standby. In addition, any such person who is required to be on stand-by status over a holiday shall receive comparable time off at a mutually agreed upon time. Scheduling shall be done so as not to interfere with the operation of the Fire Safety Control Division, as staffing is available. ARTICLm 1.11 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, euch employees shall receive compensation from the City -5- 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. ARTICLE 1.12 SICK LEAVE 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 (1/2) of unused shifts will be paid to the employee no later than the following January 15. Sick leave is defined to mean an absence from duty by any employee because (a) of his/her own illness or injury or exposure to contagious disease which incapacitates such employee from performing his/her duties, or (b) absence from duty for attendance upon a member of his/her immediate family because of illness, injury, death or exposure to contagious disease where the attendance of such employee is definitely required. AS used in this section, "immediate family" means husband, wife, child, parent or spouse's parent, or a close relative actually residing in the employee's household. Pregnancy of the employee's spouse in or of itself shall not be grounds for granting sick leave with pay. Illness accompanying pregnancy but not a normal condition thereof and supported by a physician's certificate shall be considered grounds for sick leave with pay. Sick leave absences wi=h pay for attendance upon employee's immediate family shall be limited to not more than five (5) days (two and one-half (2- 1/2) shifts) during each fiscal year. Sick leave absences with pay because of death in the employee's immediate family shall not exceed five (5) (two and one-kalf (2-1/2) shifts) for each instance. ARTICLE 1.13 BEREAVEMENT LEAVE In case of death within the in~edia=e 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, grandparents, brothers, sisters, children, grandchildren, mother-in-law and father-in-law. -6- 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 1.12 above. ARTICLE 1.14 COMPENSATORY TIME. 1.14.1 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 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 request cash payment for any compensatory time on the books, subject to budgetary restraints. 1.14.2 Requests for compensatory time off shall be submitted no more than thirty (30) days in advance 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 Cancelled, except in cases of emergency. ARTICLE 1.15 STANDBY Effective December 30, 1991, Fire prevention employees assigned to standby shall receive One Hundred eighty ($180.00) Dollars per week of standby assignment. Effective December 28, 1992, Fire prevention employees assigned to standby shall receive Two Hundred ($200.00) Dollars per week of standby assignment. A week of standby assignment shall start effective at the end of the regular work shift on Monday afternoon and continue, except for regular work time, until the beginning of the regular work shift the following Monday morning. Existing language on standby compensation for holidays shall continue unchanged. ARTICL~ 1.16 VACATION ~PLIT 1.16.1 Up to five (5) employees (Firefighter through Captain classifications) shall be allowed to schedule vacation at any one time. 1.16.2 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 -7- 07/15/92 88:58 N0.378 1,16.3 ARTICLE 1.17.1 1.17.2 consideration of the second of a split vacation request. Seniority shall be given preference in scheduling vacation. One shift of vacation will be the amallest split. Employees who have eight (8) or more vacation shifts must schedule eight (8) vacation shifts during the annual vacation signup; but may carryover (leave unscheduled) up to four (4) vacation shifts. These shifts may be taken off during the year subject to: a. Paragraph 1.16,1 above Forty-eight (48) hours advance request and department approval. Requests will be processed on a first come, first serve basis. At no time may the number of shifts being carried over exceed four (4). PHYSICAL ASSESSMENT PRO~RAM 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 seminars, 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 coramittee shall be implemented as soon as practicable. ARTICLE 1.18 GRIEVANCE PROCE~URm~ (A) PURPOSE OF THE RULE: To promote improved employer-employee elat~onships by establishing grievance procedures on matters for which appeal is not provided by other regulations. -8- 07/15/9~ 08:51 N0.378 (2) To afford employees individually or through recognized employee organizations a systematic means of obtaining further considerations of problems after every reasonable effort has failed to resolve them through discussion. (3) 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. (B) 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: (1) A dispute about the interpretation or application of any ordinance, rule or regulation governing personnel practices or working conditions. (2) A dispute about a decision on wages, hours and other terms and conditions of employment, other than a fundamental management decision. (C) 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 supervisors' 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/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his/her immediate superior. An informal grievance shall not be taken above the department head. (D) FORMAL GRIEVANCE PROCEDURE: (Levels of review through chain of command.) (1) 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 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 supervisor's decision, Or if no answer has been received within ten w9- (2) ARTECoLE l.i9.i (3) (10) days, the employee may present the appeal in writing to his supervisor's immediate superior. Failure of the employee to take further action within ten (10) days after receipt of the written decision of his supervisor, or within a total of twenty (20) calendar days if no decision is rendered, will conatitute a withdrawal of the grievance. Further Level or Levels of Review as Appropriate: The supervisor receiving the grievance shall review it, render his 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. Department aeview: The department head receiving the grievance, or his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The department head shall render his 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 grievance to the City Manager. Failure of the employee to take further action within ten (10) days after receipt of the decision or within a total of twenty (20} days if no decision is rendered, will constitute withdrawal of the grievance. City Manager Review. The City Manager, upon receiving the grievance, or his designated representative, should discuss the grievance with the employee, his 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. 1.19 GRIEVANCE 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 above and (2) the determination of which is not -10- 07~15~92 08:52 N0.378 ~1 vested in either the City Manager, Chief of the Fire Department, Civil Service Commission, or City Council by the City Charter. My way of example, disciplinary matters involving suspension of thirty (30) calendar days os less are vested by Charter in the City Manager; disciplinary matters involving suspension of more than thirty (30) calendar days, up to and including discharge, are vested by City Charter in the Civil Service Cor~raission; and matters involving the expenditure of City funds are vested by Charte~ 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 reifabursed 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 ~o them by the respective parties in the presence of each other. Either party 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. 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 shall it congravene any existing City ordinance, the City Charter, or State Law. The decision of the panel -11- 07/15/92 08:52 N0.378 Q22 1.19,2 shall be made in wri=ing within twenty the close of the hearing. Notices (20) days from ARTICLE Except as otherwise provided herein, notices required pursuant to the provisions of this Resolution or the Act, shall be given by United States mail, pOStage pre-paid, 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 Cit¥'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. 1.20 ~TIPEE M~DICAL Eligibility for and ontrlbutions toward retiree medical insurance shall be as set forth in the Supplemental Memorandum of Understanding between the City and Fire Supervisory Unit regarding health benefits dated November 23, 1988. 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 1.21 NO STRIKE OR LOCKOU~ 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, 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, e~courage, or condone a strike, work stoppage or slowdown of any kind, in addition to any other lawful remedies or disciplinary actions, 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 s~ch orga~izatioa, 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. -12- 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 of the decision upon which its completion is based, or its complaint will be considered closed and not subject to any other appeal. ARTICLe. I .22 LIGHT 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 or 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 a hazard created for other employees. 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 fluctuate 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. Employee 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. -13- ARTICLE 1.23 SMOKING REGULATIONS 1.23.1 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. 1.23.2 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 1.24 RRSIDENCY REOUIREMENT 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 1.25 VACATION Vacation accruals shall be as set forth in the Bakersfield City Code, Section 2.84.350 (B & C). ARTICLE 1.26 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 1.27 DRUG TESTING The Organization and City agree to implement a drug testing program. The goal and intent of this program shall be rehabilitation and assisting first time offenders with drug problems. Action taken against employees shall be determined by the individual circumstances of each case, and disciplinary action, up to and including termination, is possible. The administration of this program shall be as agreed to by the Organization and City and shall continue unchanged for the term of this Agreement; except as provided for in Section 1.50. -14- ARTICLE 1.28 COMPENSATION ADJUSTMENT / FAIR LAROR STANDARDS ACT The parties recognize that other shift personnel supervised by the Fire Captain classification have received an increase in compensation for the basic fifty-six (56) hour work week due to the Fair Labor Standards Act. This increased compensation has affected normal compensation differentials between the classifications. The parties have agreed to compensate for this change in compensation by providing a one point five (1.5) percent base wage adjustment for the Fire Captain classification, effective January 5, 1987. This adjustment will remain in effect only for so long as the Fire Fighter and Fire Engineer classifications receive Fair Labor Standards Act overtime for the fifty-six (56) hour work week and Fire Captains do not receive this compensation. It recognized that this and therefore not to be comparison purposes. adjustment is overtime compensation, considered base salary for wage ARTICLE 1.29 BREATHING APPARATUS The City shall provide individual breathing apparatus masks for each unit employee engaged in fire suppression activities. ARTICLE 1.30 OVERTIME CARDS Overtime cards shall be moved only when the employee has actually worked a continuous 12-hour period, or longer, of overtime. ARTICLE 1.31 CALLBACK Callback shall be on a rank-for-rank basis excluding callbacks to fill vacation and compensatory time off. ARTICLE 1.32 DEFERRED COMPENSATION AND SAVINGS PROGRAM Deferred Compensation. The City agrees to make available to the employees covered by this Agreement a deferred compensation program. Savings Program. 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. -15- ARTICLE 1.33 UNION SECURITY Each employee in the Captains 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 representational fee shall be in the amount uniformly established by the Organization's Board of Directors, but in no event shall such representation 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: Service Fee ao 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 sheet and an operating statement certified as to accuracy by BFLO Board and a Certified Public Accountant. 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 Service Fee Complaint procedure. Service 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: -16- So Co That a portion of the Service 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 organizations. In the event that it is determined pursuant to this procedure that such non-member is a member of a religion or body pursuant 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 o 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. o 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 a 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. -17- 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 (10) 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. Eo Payment 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. ARTICLE 1.34 OVERTIMe. PAY OVERTIME PAY - SCHEDULING 1.34.1 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 (1-1/2) 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: -18- Captains Engineers Firefighters Station 1 2 4 2 Station 2 1 2 2 Station 3 1 1 1 Station 4 1 1 1 Station 5 1 1 1 Station 6 1 1 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 The Fire Chief shall not be required to call back personnel on City recognized holidays; however, compensatory time off may be granted by the Fire Chief if the staffing schedule is not affected on such holidays. ARTICLE 1.35 MINIMUM CALLBACK Fire Suppression personnel in the unit called back to work after being released shall be entitled to a minimum of two (2) hours of work or pay. Such minimum time shall not be applicable for employees standing by for relief of other regular shift or workers on a normal shift-to-shift basis unless the employee is required to stand by for more than one (1) hour, in which case the two (2) hour minimum applies. Such callback time shall be paid at the rate of time and one- half (1-1/2) in cases of callback for shift work or other non-emergency work. Double time shall be paid for callbacks for fires, fire watches, staffing reserve fire apparatus during fires, and other emergency situations, such as windstorms, earthquakes, rescue and flood. ARTICLE 1.36 MODIFICATIONS TO MINIMUM STAFFING SCHEDULE At least sixty (60) days prior to the opening of any new fire station,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. -19- ARTICLE I ~" Every effort will be made to maintain the assigned personnel complement of the respective fire companies. In order to maintain this manning 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 because 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 calling 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 1.38 AVAILABILITY OF DATA The City will make available to employee organizations such nonconfidential 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 after payment of reasonable 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 source 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. -20- ARTICL~ (A) ARTICLE A. Records pertaining to litigations to which the City is a party, or to 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. 1.39 HIGHER JOB CLASSIFICATION AND LONGEVITY PAY TEMPORARY ASSIGNMENT TO DUTIES IN A HIGHER CLASSIFICATION: Any employee who is assigned duties of a higher job classification for more than twelve (12) continuous hours in a single workshift, shall be paid the wage rate of the higher classification. (B) BIDDING 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) LONGEVITY PAY: All employees covered by this Agreement hired prior to April 10, 1989, who complete 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. Employees hired after April 10, 1989, shall not be eligible to receive longevity pay. 1.40 LEAVES OF ABSENCE Leave of absence without pay: 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 -21- 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. So 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 employment 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, with 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 1.41 IMPROVEMENT IN OUALITY 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 and the Organization shall implement such steps that are necessary to bring about such improvements. ARTICLE 1.42 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 for the employee-members represented by the Organization which would take effect prior to December 31, 1993, and the City of Bakersfield, through its representatives shall not be required to meet and confer as to any such request. The parties recognize that there are existing ordinances, resolutions and policies relating to benefits and other terms -22- and conditions of employment and the same are not affected by this Agreement except as recommended herein. ARTICLE 1.43 VALIDITY OF MEMORANDUM 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 invalidation of such portion of the Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect. The parties hereto mutually agree, during 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 term 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 the Memorandum. Nothing contained in this Memorandum shall be interpreted to preclude the parties from meeting and conferring during 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 employees represented by the Organization under the terms of this Memorandum of Understanding. ARTICLE 1.44 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 of the department head or the 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 during working hours. If the attendance at a station exceeds the personnel on duty, the Organization shall gain approva~ for the meeting from the officer in charge of the Bakersfield Fire Department. -23- ARTICLE 1.45 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.) B. 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 remove 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. D o The City reserves the right to determine where bulletin boards shall be placed and what portion of them 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 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 defamatory nature. ARTICLE 1.46 SENIORITY Seniority as herein used shall be defined as the date of hire, whether continuous or not, with the City of Bakersfield Fire Department. ARTICLE 1.47 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 1.06.02. -24- ARTICLE 1.48 EAD PROGRAM The Organization will work with the department to resolve concerns regarding the confidentiality of the EAP program. ARTICLE 1.49 ACTING ASSIGNMENTS The City shall issue required criteria for individuals to qualify as Acting Captains and Acting Battalion Chiefs no later than July 1, 1992. ARTICLE 1.50 JOINT COMMITTEES The City and Association agree to establish the following joint committees: Hazardous Materials Committee. To be comprised of five (5) members appointed by the Association and five (5) members to be appointed by the City. The committee shall immediately commence meeting and shall complete its' work no later than September 1, 1992. Any committee recommendations falling within the scope of representation shall be referred to the meet and confer process. Drug Policy Committee. To be comprised of two (2) members appointed by the Association and two (2) members to be appointed by the City. The committee shall immediately commence meeting and shall complete its' work no later than October 1, 1992. Any committee recommendations falling within the scope of representation shall be referred to the meet and confer process. Diesel Exhaust Committee. To be comprised of two (2) members appointed by the Association and two (2) members to be appointed by the City. The committee shall immediately commence meeting and shall complete its' work as soon as possible. Any committee recommendations falling within the scope of representation shall be referred to the meet and confer process. ARTICLE 1.51 EARLY RELEASE 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 employees replacement arriving 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 shift trades. -25- ARTICLE 1.52 DIRECT DEPOSIT As soon as is reasonably possible, the City shall implement a voluntary direct deposit for all current unit employees. ARTICLE 1.53 HOLIDAY 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 Captains 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: If John was 3rd on the regular list and Bill was 5th 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. ARTICLE 1.54 EXAMINATIONS Employees passed over on promotional lists may, upon request, receive a written explanation as to why they were passed over. This explanation is for information only, and shall not be subject to any form of appeal. ARTICLE 1.55 TERM This Agreement shall be effective as of January 1, 1992, and shall remain in full force and effect until December 31, 1993, or until a new agreement has been executed. Proposals for the contract period beginning January 1, 1994, shall be submitted by November 1, 1993, and negotiations shall commence no later than November 15, 1993, 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. FOR THE ~ORGANIZATION: FO~, ~ ~ITY: DATE: DATE: -26-