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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No. 128-91, together with amendatory resolutions, to the extent the same applies to employees in the Police Unit, is superseded by this Resolution. 2.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