HomeMy WebLinkAboutRES NO 28-87RESOLUTION NO. 28-87
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD APPROVING THE MEMORANDUM
OF UNDERSTANDING SETTING SALARIES AND
RELATED BENEFITS FOR OFFICERS AND EMPLOYEES
OF THE POLICE UNIT OF THE CITY OF BAKERSFIELD.
WHEREAS, the Charter of the City of Bakersfield, Section
12, authorizes the City Council to provide for salaries and
related benefits for officers and emQloyees 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 this City's Police Unit employees; and
WHEREAS, the City's negotiator and the Police Unit have
agreed to a Memorandum of Understanding, as attached hereto; and
WHEREAS, the Council has determined
of Understanding complies with the guidelines
City Council; and
that such Memorandum
established by the
WHEREAS, the Council has determined that provisions of
the attached Memorandum of Understanding shall commence on
January 5, 1987, and expire midnight on April 1, 1988, for all
employees of said unit employed on the date of adoption of this
resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield that commencing on January 5, 1987, the
attached document, entitled "~emorandum of Understanding Between
Representatives of Management for the City of Bakersfield and
Association of Bakersfield Police Officers," shall constitute the
salary schedule and related benefits for officers and employees
for the categories and positions specified therein on the date of
adoption of this resolution, and that the whole of said attach-
ment is hereby incorporated and approved as the Memorandum of
Understanding between the City of Bakersfield and the Police Unit
for the period January 5, 1987, to April 1, 1988.
.......... o0o ..........
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 ~ebruary 11, 1987 , by the
following vote:
AYES: COUNCILMEMBERS: CHILDS, CHRISTENSEN, SMITH, RAT[Y, M~)8~, OICKERSON, SALVAGGIO
NOES: COUNCILMEMBERS:
ASSENT: COUNCILMEMBERS:
ASSTAtNING: COUNCItMEMBERS:
an EX O lclo C er;{ of the
Council of the City of Bakersfield
APPROVED February i1, 1987
MAYOR of the Cify of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
RJO/dr
I:R.SALARY5
--2--
10 FEB
0
CLS T
104 B
IO~S B
IlS B
117 A
125 A
1987
CLASSIFICATION TITLE
DETECTIVE
TRAINING OFFICER
FEMALE INVESTIGATOR III
SENIOR POLICE LAB TECH
POLICE OFFICER
FEMALE INVESTIGATOR
SENIOR POLICE OFFICER
FEMALE INVESTIGATOR II
POLICE TRAINEE
CITY OF BAKERSFIELD
SALARY SCHEDULE
4 - POLICE (SAFETY) UNIT
EFFECTIVE DATE: 05 ~AN 1987
C SALARY EDU
D BASIS STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 PCT
H HOURLY 13.893 14.596 15.336 l&. 114 16.929
H HOURLY 13.893 14.596 15.336 16.114 16.929
H HOURLY 13.893 14.596 15.336 16.114 16.929
H HOURLY 13.893 14.596 15,336 16.114 16.929
H HOURLY 12. 590 13.225 13.893 14,596 15.336
H HOURLY 12.590 13.225 13.893 14.596 15.336
H HOURLY 13.223 13.893 14.596 13,336 16.114
H HOURLY 10.357 10.875 11.418 11.989 12.590
This Memorandum of Understanding was approved
by Resolution No. 28-87 at the Council Meeting
on 2-11-87.
MEMORANDUM OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF MANAGEMENT
FOR THE CITY OF BAKERSFIELD
ASSOCIATION OF BAKERSFIELD POLICE OFFICERS
City Contract No.
87-7 ·
01.00.00
01.01.00
01.02.00
01.03.00
01.04.00
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.
Female Investigator I
Police Officer
Female Investigator II
Senior Police Officer
Female Investigator III
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 ~ffectuating the
following changes in salaries, fringe benefits and
other terms of employment for the employee-members
represented by the Union.
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02.00.00
02.01.00
02.02.00
03.00.00
03.01.00
04.00.00
04.01.00
04.01.
04.02.00
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 discretion
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, cr 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
The salary ranges for the classifications of the unit
shall be increased by four (4%) percent effective
January 5, 1987.
01
The salary ranges for the classifications of the
unit shall be increased by one (1%) percent
effective January 4, 1988.
Retirement Contribution. The City's contribution shall
be nine (9%) percent for employees hired prior to July
1, 1983 and four (4%) percent for those hired on or
after July 1, 1983. Employees hired on or after July
1, 1983, will be eligible to receive the nine (9%)
percent 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.
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05.00.00
05.01.00
05.01
HEALTH INSURANCE
05.02.00
05.03.00
Effective January 1, 1987, the City shall pay the cost
of medical and dental insurance premiums, subject to
the following maximum amounts:
Category
Bi-Weekly Maximum
Employee only $ 42.14
Employee + 1 84.97
Family 114.05
.01
05.01.02
Effective January 1, 1988 and for the remaining
term of the agreement, the City shall increase the
dollar amount of its' maximum medical and dental
insurance payments to maintain the existing
propcrtion of payments by medical plan category.
For example, if the City currently pays seventy-
five percent (75%) of the premium in an existing
coverage category, it shall continue to pay
seventy-five percent (75%) of the premium for the
term of this agreement. Any additional City costs
pursuant to the provisions of this section shall be
paid through accrued reserves of the medical
reserve fund.
Employees shall pay the balance through payroll
deduction. The accrued medical reserve fund shall
remain in existence until it is depleted through
the payment of increased medical insurance premiums
or other agreed upon expenditures.
Vision. As soon as practicable, the City shall
implement vision insurance coverage for all employees
and their family members. Plan coverage shall be as
agreed by the medical insurance committee. The City
shall pay the full premium for the term of this
agreement.
Retiree Medical. Only employees with a minimum of
fifteen (15) years 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 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.
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06.00.00
06.01.00
06.02.00
06.03.00
06.04.00
06.05.00
06.06.00
06.07.00
07.00.00
07.01.00
07.02.00
07.03.00
OTI~ERCOMPENSATION
Uniform Allowance. The uniform allowance for unit
employees shall be $500.00 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, 1987, the uniform allowance shall be increased to
$550.00 per year. Motorcycle officers shall continue
to receive an additional twenty-five ($25) dollars per
quarter in uniform allowance.
Standby Pay. Effective January 5, 1987, standby pay
shall be increased to twenty-five ($25.00) dollars 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. Effective January 5, 1987, hazardous duty
pay for motorcycle officers and bomb squad members
shall be increased to eighty-five ($85.00) dollars 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. Effective January 5, 1987,
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.
T .'W.. AVJ~S
Personal. Employees in the unit may utilize up to one
day per year of earned sick leave for personal
business.
Holidays. Employees in the unit will be entitled to 12
holidays per fiscal year.
Holiday Conversion. Unit employees shall be allowed to
convert up to forty (40) hours of holiday pay to
compensatory time off on an hour for hour basis.
07.04.00
08.00.00
08.01.00
08.02.00
08.03.00
08.04.00
08.05.00
Vacation.. Effective January 5, 1987, the vacation
accrual schedule shall be modified to provide for
accrual of the forth (4th) week of vacation beginning
with the sixteenth (16th) year of service instead of
the twentieth (20th) year of service.
MISCELLANEOUS
Residency Requirement. Effective immediately, the
residency requirement shall be amended to forty-five
minutes ,[45) 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.
Charter / Code Re-opener. The City is currently
undertaking a comprehensive consultants study of it's
personnel system. The study recommendations may
require modification to Code, Rule or Charter
provisions. The City and Union agree to meet and
confer on any proposed changes which involve matters
within the scope of representation prior tc. the City
taking any action. The Union shall have the right to
propose changes to Code, Rule or Charter provisions to
the consultant and the City as part of the review
process.
The study/re-opener will not involve classification
issues ner will it affect promotional opportunities for
unit personnel nor will it affect existing wage hours
or benefits.
Supervisers 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 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
and 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.
Physical Assessment Program. 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:
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08.06.00
Cardiovascular fitness
Blood pressure
Blood composition (cholesterol,
Body composition
Muscular endurance
Flexibility
etc.)
When 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.
Existing 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.
08.06.01
08.06.02
08.06.03
08.06.04
08.06.05
08.06.06
08.06.07
08.06.08
08.06.09
08.06.10
08.06.11
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
Pay for temporary assignments to higher rated
positions
Jury Duty
Layoffs
The City will continue to comply with the Peace
Officers Bill of Rights
Emplcyer and Employee rights set forth in Code
Section 2.76.
The above items are specifically set forth in
Appendix A.
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O8.0?.00
08.08.00
08.09.00
Committees. The Union will be entitled to
representation on the City's Insurance Committee.
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 be any public
disclosure of mediation discussions in further
proceedings in the grievance procedure.
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 ils made, time limits of the grievance procedure
are waived until such time as the mediation process
ends. Thereafter, the regular time limits shall apply.
Hours of Work. The City shall conduct a study of
alternate work schedules for unit personnel.. 4-10
9-80 schedules shall be specifically addressed.
and
Employees shall be involved in the study process. At
least four of the employees involved shall be selected
by the Union. No later than April 1, 1987, the study
shall be completed. The Union shall have the right to
review and comment on the study prior to any decisions
being made and implementation or non-implementation of
alternative work schedules.
The final decisions as to implementation of' an
alternative work schedule shall be made by the Chief of
Police, such decision shall be based on reasonable
criteria, and made in good faith.
Any alternative work schedule shall be implemented on a
trial bas:is by May 1, 1987, and subject to cancellation
by the Chief of Police if necessary for reasons of
economy, efficiency and or quality of police service.
If both the 9/80 and 4-10 work schedules are relatively
equal, as determined by the Chief of Police, the
decision as to which schedule is implemented shall be
based on the desires of the employees in the unit.
In conducting the study pursuant to the paragraph
above, it is the intent of the City to make a a good
faith effort to develop an alternative schedule which
meets the needs of the employees, department and
community. Rotating days off or seniority shift
bidding shall be given serious consideration during the
study process.
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If a schedule meeting the departments criteria is
developed, it will be implemented on a trial basis.
08.10.00
09.00.00
09.01.00
10.00.00
10.01.00
10.02.00
10.03.00
Compensatory Time Off - Maximum Accrual. Effective
immediately, the compensatory time off accrual maximum
shall be increased to one hundred (100) hundred hours.
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,
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 TES '~ING
Introduction. The goal and intent of this program is
the rehabilitation and assisting of first time
offenders with drug problems to overcome them.
However, action taken against an employee shall be
determined by individual circumstances of each case,
and disciplinary action up to and including termination
is possible. No information or knowledge obtained
through application of this policy/procedure may be
used for other than administrative purposes.
Authority for Testing. Only an employee's department
head or his/her designee, acting in the absence of the
department head, 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 a prescription, or (3)
alcohol on duty.
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.
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10.04.00 Detailed testing procedures shall be developed to:
10.04.01 Positively identify employees prior to testing.
10.04.02 Prow[de for employee privacy and security of
samples.
10.04.03 Establish any drugs being taken legitimately (e.g.
under medical supervision).
10.04.04
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.
10.04.05
The ]~aboratory 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.
10.04.06
The City agrees to indemnify, defend, and hold the
ABPO harmless against any claims made of any nature
and against any suit instituted against ABPO
arising from the negotiation and/or implementation
of this policy/procedure in the Police Bargaining
Unit.
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
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12.00.00
12.01.00
invalidation, the parties agree to meet and confer
concerning substitute provisions for provisions
rendered or declared illegal.
TERM
The term of this Agreement is from January 1, 1987 to
March 31~. 1988. Proposals for the contract period
beginning i__n_~pril, 1988 shall be submitted by December
15, 198~7~d~egotiations shall commence no later than
January 15, 1988 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 UNION: FOR THE CI~Y~
DATE -~-& -~7 DATE
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