HomeMy WebLinkAboutRES NO 72-92RESOLUTION NO. 72-92
A RESOLUTION APPROVING MEMORANDUM OF
UNDERSTANDING FOR EMPLOYEES OF THE
ASSOCIATION OF BAKERSFIELD POLICE
OFFICERS ("ASSOCIATION") AND ADOPTING
SALARY SCHEDULE AND RELATED BENEFITS.
WHEREAS, the Charter of the City of Bakersfield, Section
12, authorizes the City Council to provide for salaries and related
benefits for officers and 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 Association of Bakersfield Police Officers, which
represents employees of the Police Unit; and
WHEREAS, the City's negotiator and the Association have
agreed upon salaries and benefits for said Units; and
WHEREAS, the Council has determined that the salaries and
related benefits as agreed upon by the City's negotiator and the
Association are acceptable.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield as follows:
1. Resolution No. 128-91, together with amendatory
resolutions, to the extent the same applies to employees in the
Police Unit, is superseded by this Resolution.
2. The attached Memorandum of Understanding for the
Police Unit is hereby approved, setting salaries and benefits for
employees in said Unit.
3. Effective April 6, 1992, except as otherwise pro-
vided in the Resolution, the attached salary schedule covering the
Police Unit shall constitute the salaries for employees in the
categories and positions specified therein and that the whole of
said attachment is hereby incorporated and approved as a part of
the attached Memorandum of Understanding between the City o$
Bakersfield and the Association.
4. The schedule of paid holidays set forth in the
attached Memorandum of Understanding is hereby adopted and approved
for employees in the Police Unit.
.......... 000 ..........
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 May 6, 1992 , by the following vote:
CITY CLERK and EX OFFICIO CLERK of
the Council of the City of Bakersfield
APPROVED M~y 6, ]992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of
Bakersfield
MC/kef
RES.92\POLICE.MOU
4-28-92
ORIGINAL
FINAL
MEMORANDUM OF UNDERSTANDING BETWR.~
REPRESENTATIVES OF MANAGEMENT
FOR THE CITY OF BAKERSFIELD
ASSOCIATION OF BAKERSFIELD POLICE OFFICF/~S
01.00.00
01.01.00
01.02.00
01.03.00
01.04.00
02.00.00
02.01.00
RECITALS
The Association of Bakersfield Police Officers
(hereinafter, Union) is recognized as the exclusive
representative, as provided in the City's Employer-
Employee Relations Resolution for all employees
assigned to the Police Bargaining Unit in the following
classifications and any other classification which is
subsequently determined to be included in the Police
Bargaining Unit.
Police Investigator
Police Officer
Senior Police Officer
Senior Police Lab Tech (sworn officer)
Training Officer
Detective
Representatives of Management for the City of
Bakersfield and representatives of the Union 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 of employee-members
represented by the Union.
The representatives of Management for the City of
Bakersfield and the representatives of the Union 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 changes in wages, hours, fringe
benefits and other terms and conditions of employment
contained in these joint recommendations.
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 Union.
MANAGEMENT RIGHTS
The City shall have the exclusive right to determine
the mission of the Police Department, set levels of
service to be performed, direct its employees, schedule
personnel, set watches, exercise control and d~~
1
02.02.00
03.00.00
03.01.00
04.00.00
04.01.00
04.02.00
FINAL
over the Police Department and operations, and
determine the methods, means and personnel by which the
Police Department's operations are to be conducted, and
the levels of service met; provided, however, that the
exercise of such rights does not preclude employees or
their representatives from meeting and consulting with
Management or filing grievances about the consequences
that decisions on these matters may have on wages,
hours and other terms and conditions of employment.
Prevailing rights, rules of conduct, benefits and all
other working conditions within the scope of
representation in effect at the date of this Agreement
and not inconsistent herewith shall be continued.
NON-DISCRIMINATION
The City and the Union agree not to discriminate
against any employee because of membership or non-
membership in the Union or because of any activities or
lack of activities on behalf of the Union. The City
and the Union further agree not to discriminate,
harass, or reprise against any employee as a result or
the exercise of their rights under this Agreement, or
under Section 3500 et seq., of the Government Code of
the State of California.
SALARIES
Salary ranges in effect for the classifications of the
unit shall be increased as follows:
3% effective April 6, 1992
3% effective March 22, 1993
3% effective April 4, 1994
Should the Consumer Price Index (US All Urban
Consumers) increase by more than 4.8% for the twelve
(12) months ending February 28, 1994, the Union shall
have the right to reopen negotiations on the 3%
increase scheduled for April 4, 1994. Should the
Consumer Price Index increase by less than 2% for the
same period, the City shall have the same right.
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.
04.03.00
05.00.00
05.01.00
05.02.00
FINAL
All unit classifications
except Detective
Detective
1% April 6, 1992 1%
1% October 5, 1992 1.5%
1% March 22, 1993 1%
0% October 4, 1993 1%
1% April 4, 1994 1%
1% October 3, 1994 1.5%
Increases occurring at the same time as those scheduled
in 04.02.00 above, shall not compound with those
increases.
Retirement Contribution. The City's contribution shall
be nine percent (9%) for employees hired prior to July
1, 1983, and four percent (4%) for those hired on or
after July 1, 1983. Employees hired on or after July
1, 1983, will be eligible to receive the nine percent
(9%) payment effective the beginning of their seventh
(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.
HEALTH INSURANCE
The City and Association 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 and Dental Benefits. Effective the pay day of
May 8, 1992, the City and employees shall share bi-
weekly contributions towards medical, vision, and
dental plans for all employees of these Units as
follows:
FINAL
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 the first payroll period in January, 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:
Fee Dental
Fee Health
Dental HMO Fee Dental
HMO Health HMO Health
Dental HMO E~ployee
Fee Health Contribution
Employee 80% 80% 80% 80% 20%
only
Employee 80% 80% 80% 80% 20%
+1
Family 80% 80% 80% 80% 20%
05.03. O0
06.00.00
06.01.00
Retiree Medical. Only employees with a minimum of
fifteen years (15) accumulated service shall be eligible
for participation in the retiree medical insurance
program. The fifteen (15) year minimum shall be waived
for employees retiring because of a job related
disability. Employees retiring with job related
disability shall be credited with either eight (8) years
or their actual accumulated service time, whichever is
greater for the purpose of calculating the retiree
medical allowance under the City's adopted formula.
OTHER COMPENSATION
Uniform Allowance. The uniform allowance for unit
employees shall be Six Hundred Dollars ($600.00) per
year. Said uniform allowance shall be payable on or
before July 1 of each year but 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.
Effective July 1, 1992, the uniform allowance shall be
increased to Six Hundred twenty-five Dollars <$625.00)
per year; effective July 1, 1993, the uniform allowance
shall be increased co Six Hundred fifty Dollars
($650.00) per year; effective July 1, 1994, the uniform
allowance shall be increased to Six Hundred seventy-five
Dollars ($675.00) per year. Motorcycle officers shall
4
'~ORiGII4AI. ~'
FINAL
06.02.00
06.03.00
06.04. O0
06.05.00
06.06.00
06.07.00
07.00.00
07.01.00
07.02.00
07.03.00
07.04.00
continue to receive an additional Twenty-five Dollars
($25.00) per quarter in uniform allowance.
Standby Pay. Standby pay shall continue at Twenty-five
Dollars ($25.00) per eight (8) hour shift in addition to
any call-back pay earned.
Longevity Pay. Those employees who received longevity
pay as of January 7, 1985 shall continue to receive the
dollar amount received as of that date for so long as
they would have retained eligibility under longevity pay
rules. For all other employees the longevity pay
program has ended.
Hazard Pay. Hazardous duty pay for motorcycle officers
and bomb squad members shall continue at Eighty-five
Dollars ($85.00) per month.
Deferred Compensation Plan. Employees in the unit shall
be entitled to participate in the City's Deferred
Compensation Plan.
Minimum Court Call-Back. Employees called back for
court appearances shall receive a minimum three (3)
hours compensation at the appropriate rate of pay.
Educational Incentive Pay. Educational incentive pay
shall be unchanged for the term of this Agreement.
LEAVES
Personal. Employees in the unit may utilize up to one
(1) day per year of earned sick leave for personal
business.
Holidays. Employees in the unit will be entitled to
thirteen (13) holidays per fiscal year.
Holiday Conversion. Unit employees shall be allowed to
convert an unlimited amount of holiday pay to
compensatory time off on an hour for hour basis;
subject to compensatory time off accrual maximums.
Vacation. The vacation accrual schedule shall read:
Years DaYs
0 - 4 10
5 - 13 15
14 + 20
5
ORIGINAL
FINAL
08.00.00
08.01.00
08.02.00
08.03.00
08.04.00
Pursuant to the schedule above, employees accrue
vacation at the rate of .385 of a working day bi-weekly
from the date of initial employment through the fourth
year of continuous service (48 months). Beginning with
the first day of the employee's fifth year of service
(49th month), the employee begins to accrue vacation at
the rate of .577 of a working day bi-weekly. This
continues until the beginning of the employees
fourteenth year of service (157th month), when the
employee begins to accrue vacation at the rate of .770
of a working day bi-weekly.
MISCELLANEOUS
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. Provisions for waiver of
the requirement by the Chief of Police shall continue
unchanged.
Assignments. The City and Union agree that the
Department shall consider the following factors in
making assignments, including shift assignments:
a. special skills
b. experience
c. seniority
d. accommodation of educational schedules
e. other factors, as determined by the Chief of
Police
The City and Union specifically acknowledge the need to
balance experienced and inexperienced officers on all
shifts. Appointments shall be made at the sole '
discretion of the Department.
Supervisors Working Files. Materials in Supervisors
Working Files (3" x 5" cards) which are used in
preparing performance reports, counseling employees,
etc. may be kept for up to fifteen (15) months, and
thereafter purged, without being placed in a formal
evaluation or otherwise formally recorded.
Sick Leave Conversion. All unused sick leave earned
during the calendar year, which would otherwise cause
an employee's accumulated balance to exceed one hundred
twenty (120) days, will be converted into additional
vacation time at seventy-five percent (75%) of the
unused current year accumulation. The City will
provide, at the employee's option, cash payment for all
or a portion of annual sick leave which is converted to
vacation time.
6
ORIGINAL
FINAL
08.05.00
08.06.00
08.07.00
Physical Assessment Procram. At least once during the
term of Agreement, the City will offer each unit
employee the opportunity to receive a comprehensive
physical assessment and follow-up counseling session.
The assessment will measure:
Cardiovascular fitness
Blood Pressure
Blood composition (cholesterol,
Body composition
Muscular endurance
Flexibility
etc.)
Where indicated by initial results, follow-up testing
will be performed. Results of the assessment will be
confidential and for the individual employee's use only.
The City will receive composite data to be used in
evaluating the need for training seminars, etc. The
program will be provided on work time and will be
voluntary.
The Union will provide input to the City concerning the
selection of providers.
Voluntary Overtime. The voluntary overtime list shall
remain in effect for the term of this Agreement.
Individuals volunteering may work up to one (11) shift
per twenty-eight {28) day work cycle at straight time
rates. Use of the list shall be to maintain minimum
staffing only and shall not be used to replace existing
overtime compensation.
Existinc Benefits and Practices. The parties recognize
that there 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.
Specifically the following City policies and procedures
remain unchanged.
08.07.01
08.07.02
08.07.03
08.07.04
08.07.05
08.07.06
Grievance procedures as set forth in the
Supplemental Rules and Regulations.
Overtime Policy
Minimum time or pay for court appearance
Minimum time or pay for call-backs
Vacations
Holidays
7
ORIGINAL
FINAL
08.07.07 Pay for temporary assignments to higher rated
positions
08.07.08 Jury Duty
08.07.09 Layoffs
08.07.10 The City will continue to comply with the Peace
Officers Bill of Rights
08.07.11 Employer and Employee rights set forth in Code
Section 2.76.
The above items are specifically set forth in
Appendix A
08.08.00 Committees. The Union will be entitled to
representation on the City's Insurance Committee
08.9.00
Grievance Procedure. The current grievance procedure
shall continue in effect for the term of this Agreement.
However, prior to the final step of the grievance
procedures the City and Union agree to include a
mediation step utilizing a mediator from the State
Mediation and Conciliation Service. The mediator shall
meet with the parties to the grievance and attempt to
arrange a mediated settlement acceptable to both
parties. The mediator shall make no public
recommendations nor shall there by any public disclosure
of mediation discussions in further proceedings in the
grievance procedure.
08.10.00
Requests for mediation shall be made within the same
time limits as the request for movement of a grievance
to the final step of the grievance process. Once the
request is made, time limits of the grievance procedure
are waived until such time as the mediation process
ends. Thereafter, the regular time limits shall apply.
Compensatory Time Off
compensatory time off
hundred (100) hours.
- Maximum Accrual. The
accrual maximum shall be one
08.11.00
Hours of Work. The Police Department shall continue the
4-10 program for the term of this Agreement unless
otherwise determined by the Chief of Police. If the
Department wishes to cancel the 4-10 program, it shall
provide thirty (30) days notice of cancellation to the
Association. Prior to the cancellation, the City shall
meet and confer on aspects of any proposed schedule
change falling within the scope of representation.
g
FINAL
09.00.00
09.01.00
10.00.00
10.01.00
10.02.00
PEACEFUL PERFORMANCE
During the term of this Agreement neither the Union nor
its agents or any employee covered by this Agreement,
for any reason, will authorize, institute, aid or engage
in work slowdown, work stoppage, strike, or picketing on
matters within the scope of representation, or any other
interference with the work and statutory obligations or
functions of the City.
The Union agrees to notify all of its officers and
members of their obligation and responsibility for
maintaining compliance with the section, including the
responsibility to remain at work during any activity
which may be caused or initiated by others, and to
encourage employees violating this section to return to
work.
No lock out of employees shall be instituted by the City
or its agents during the term of this Agreement.
DRUG TESTING
Authority for TestinG. Only Chief Officers may order a
drug test.
Conditions Allowing For TestinG. Employees may be
subjected to drug testing if the City has a reasonable
suspicion that the employee is using (1) illegal drugs;
(2) prescription drugs without or contrary to a
prescription; or (3) alcohol on duty (except in small
amounts used in cooking).
Reasonable suspicion shall mean an articulable and
specific state of facts and/or circumstances which would
lead a reasonable person to believe an individual was
using unlawful drugs/narcotics, alcohol, or prescription
drugs without or contrary to a prescription.
No information or knowledge obtained through application
of this policy/procedure may be used for other than
administrative purposes.
10.03.00
10.03.01
10.03.02
10.03.03
TestinG orocedures shall:
Positively identify employees prior to testing.
Provide for employee privacy and security of
samples.
Establish any drugs being taken legitimately (e.g.
under medical supervision).
9
ORXIINAL
FINAL
10.03.04
Develop a two-step test. Any specimen testing
positive in the urinalysis shall be subject to
confirmation by a second test using a different
technology. No notification shall be given of
initial positive tests until confirmation by the
second test has been completed and is positive. At
the time the samples are drawn, a second set of
samples shall be taken and sealed. Should the
original samples show positive, the second sealed
set of samples shall be retained for six months to
allow for further testing in the event of dispute.
10.03.5
The laboratory selected to conduct the analysis
must be experienced and capable of quality control,
documentation, chain of custody, technical
expertise and demonstrated proficiency. The Union
shall be given the opportunity to provide input on
the selection of the laboratory.
11.00.00 TOTAL AGREEMENT
11.01.00
This Memorandum of Understanding constitutes a full and
complete agreement by the parties and contains all of
the matters upon which the parties reached agreement.
Therefore, except as provided in this Agreement, the
City and Union for the duration of this Agreement each
voluntarily and unqualifiedly waives the right and each
agrees that the other should not be obligated to bargain
collectively with respect to any subject or matter
whether or not referred to or covered in this Agreement.
11.02.00
Should any section, clause or provision of this
Agreement be declared illegal by final judgement of a
court of competent jurisdiction, such invalidation of
such section, clause or provision shall not invalidate
the remaining portions hereof, and such remaining
portions shall remain in full force and effect for the
duration of this Agreement. In the event of such
invalidation, the parties agree to meet and confer
concerning substitute provisions for provisions rendered
or declared illegal.
11.03.00
NEW. Should the CPI reopener provision in Section
4.01.00 above, be activated by either party; both the
City and Union shall have the right to reopen
negotiations on one additional item.
12. 00. 00 TERM
12.01.00
The term of this Agreement is from April 1, 1992 to
March 31, 1995. Proposals for the contract period
beginning in April, 1995 shall be submitted by December
15, 1994 and negotiations shall commence no later than
January 15, 1995 unless the parties mutually agre~,v~
10 & ~
ORDINAL
FINAL
otherwise. This Memorandum is entered into and
effective upon ratification and acceptance by the City
Council of the City of Bakersfield.
FOR THE UNION:
MAYOR
City Attorney
]1
OR;GINAL
0
LS T CLASSIFICATION TITLE
34 A DETECTIVE
36 A TRAINING OFFICER
15 A FEMALE INVESTIGATOR Ill
17 A SENIOR POLICE LAD TEEH
25 A POLICE OFFICER
A FEMALE INVESTIGATOR I
27 A SENIOR POLICE OFFICER
FEMALE INVESTIGATOR II
POLICE TRAINEE
C SALARY
D BASIS
H HOURLY
BI-WKLY
MONTHLY
H HCXJRLY
BI-WKLY
MONTHLY
H HOURLY
BI~WKLY
MONTHLY
H HOURLY
HI-WKLY
MONTHLY
H HOURLY
BI-WKLY
MONTHLY
H HOURLY
BI-WKLY
MONTHLY
H HOURLY
BI-WKLY
MONTHLY
H HOURLY
BI-WKLY
MONTHLY
H HOURLY
MONTHLY
CITY OF BAKERSFIELD
SALARY SCHEDULE
4 - POLICE (SAFETY) UNIT
EFFECTIVE DATE: 06 APR 1992
EDU
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 PET
17.242 18.115 19.033 19.~98 21.010
1,379.36 1,449.20 1,522.64 1,599.84 1,680.80
3,000.11 3,152.01 3,311.74 3,479.65 3,655.74
17.242 18.115 19.033 19.998 21.010
1,379.36 1,449.20 1,522.64 1,599.84 1,680.80
3,000.11 3,152.01 3,311.74 3,47~.65 3,655.74
17.242 18.115 19.033 19.998 21.010
1,379.36 1,449.20 1,522.64 1,599.84 1,680.80
3,000.11 3,152.01 3,311.74 3,479.65 3,655.74
17.242 18.115 19.033 19.998 21.010
1,379.36 1,449.20 1,522.64 1,599.84 1,680.80
3,000.11 3,152.01 3,311.74 3,4~9.65 3,655.74
15.626 16.413 17.242 18.115 19.033
1,250.08 1,313.04 1,3~9.36 1,449.20 1,522.64
2,718.92 2,855.86 3,000.11 3,152.01 3,311.74
15.626 16.413 17.242 18.115 19.033
1,250.08 1,313.04 1,37~.36 1,449.20 1,522.64
2,718.92 2,855.86 3,000.11 3,152.01 3,311.74
16.413 17.242 18.115 19.033 19.998
1,313.04 1,379.36 1,449.20 1,522.64 1,599.84
2,855.86 3,000.11 3,152.01 3,311.74 3,479.65
16.413 17.242 18.115 19.033 19.998
1,313.04 1,379.36 1,449.20 1,522.64 1,599.84
2,855.86 3,000.11 3,152.01 3,311.74 3,479.65
12.854 13.496 14.171 14.880 15.626
1,028.32 1,079.68 1,133.68 1,190.40 1,250.08
2,236.60 2,348.30 2,465.~5 2,589.12 2,718.92
PAGE: 1
RUN DATE: 04-29-92
OR;GINAL
WILLIAM AVERY
& ASSOCIATES,
MANAGEMENT CONSULTANTS
June 26, 1992
REVISED
Mr. Paul Bechely
Employee Representation Service
330 Washington Street
Suite 707
Marina Del Rey, CA 90292-5130
Dear Paul,
An issue has arisen in the City of Bakersfield since the
completion of our negotiations. Specifically, compensation for
K-9 officers.
Currently, no additional compensation is provided for the K-9
position. The Chief of Police is aware of the time and effort put
in by these officers as a result of care required for their
animals. Consequently, he proposes that we address this issue as
follows:
Officers assigned by the Chief of Police as K-9 Officers
shall receive an additional five (5%) percent pay. It is
understood that this payment constitutes compensation for the
additional time spent carrying for the assigned animal (two
hours per week at straight time). The five (5%) percent
shall be added to base pay consistent with the treatment of
other incentive pays.
K-9 compensation shall end when officers are reassigned to
other duties.
Please indicate your acceptance of this proposal by returning one
signed copy of this letter to me. The compensation shall begin
the first full pay period following receipt of your signed
acceptance.
Sincerely/~
William H. ~ver~
WHA: dm ~
cc:
John Stinson
Chief Patterson
Maureen Cotner
Accepted:
Paul Bechely~
u 0Date
19925 Stevens Creek Blvd., Suite 108, Cupertino, CA 95014
(408) 973-7845 FAX: (408) 253-4041