HomeMy WebLinkAboutRES NO 59-85RESOLUTION NO. 59-85
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 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 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 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 l, 1985, and expire midnight on January 1, 1987, 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 1, 1985, the
attached document, entitled "Memorandum 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 if hereby incorporated and approved as the Memorandum of
Understanding between the City of Bakersfield and the Police Unit
for the period January 1, 1985, to January 1, 1987.
.......... 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 the 10th day of April ,
1985, by the following vote:
ABSENT: COUNC~t. MEN:
Acting CITY CLERK and Ex Officio Clerk of the
Council of the city of Bakersfield
APPROVED this 10th day of April , 1985
MAYOR of the city of
APPROVED as to form:
CIT~/~T~ORNEig~--of the city of Bakersfield
mro
R.MOU-PU -2-
AGREEMENT NO. 85-59
MEMORANDUM OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF MANAGEMENT
FOR THE CITY OF BAKERSFIELD
ASSOCIATION OF BAKERSFIELD POLICE OFFICERS
This Memorandnm of Understanding is entered into the reference to the following
facts:
A. The Association of Bakersfield Police Officers (hereinafter referred
to as the "Union") 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 Police
Unit, excluding supervisors, management and confidential employees.
B. Representatives of Management for the City of Bakersield 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.
C. 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 urg~
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 Union agree as follows:
1. 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:
l.l Management Rights
A. 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 of 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.
B. Prevailing rights, rules of conductgbcnefits and all othex working
conditions within the scope of representation in effect at the date of this
A~reement and not inconsistent herewith shall be c:~int inued,
1.2 Salaries
The salary ranges for the classifications of the unit shall be
amended as follows:
1.2.1 General Salary Increase:
5% January 7, 1985
4% March 3, 1986
1.2.2
Inequity Salary Increases. Based on a review of compensation levels
for equivalent classifications in other agencies during the meet and
confer process, the parties have agreed on the following inequity
adjustments for the classifications of Police Officer, Female
Investigator I, Senior Police Officer, Female Investigator II,
Detective, Training Officer, Senior Police, Lab Technician and
Female Investigator Ill adjustments occur ~.n~the same date as
general wage adjustments under section 1.~l above, the increases
shall occur simultaneously and not be compounded.
1% January 7, 1985
5% July 8, 1985
4% September 1, 1986
1.2.3
Longevity Elimination
In return for the elimination for Longevity pursuant to Section 1.7
the City agrees to pay 2% wage increase effective January 7, 1985.
The increase will be simultaneous to, but not compounded with other
increases due the same date.
1.3
Retirement Contribution. Effective January 7, 1985, the City's
contribution shall be increased to 9% for employees hired prior
to July 1, 1983 and 4% for those hired on or after July t, 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.
-2-
Effective January 1, 1985 the City shall pay tlw cost of reedlea] and
dental insurance premiums, subi~ct to the following maximum amounts:
C__ateji9~ Bi~-~ee~Jy Maximum
Employee only $42.14
Employee + 1 84.97
Family 114.05
Effective January 1, 1986 the C~tv shall increas,~ its maximum medical
and denta] insurance payments in ao amount equal to the increase in
cost in the Health and Dental N*.t prograras subje~Tt to the following
maximum amounts:
1.5
1.6
1.7
Category. I~i~ ~.~ ~ Maximum
Employee only $ 46.35
Employee + ] c3'47
Family 125.45
Further, if the Health and Dental Net premiums increase by more than
fifteen percent, the City shall revise its contributions to reflect
payment of one-ball of the am<>unt over fifteen percent.
Employees shall pay the ba]am:e through payroll deduction. The
difference between payroll deduction for those employees enrolled in
the Health Net family category nnder the new contribution levels
and that actually paid by payroll deduction for the period beginning
December 24, 1984 shall be refunded to those ~mployees. Effective
December 24, 1985 th~~ City sha]] end pa>~ent~ to the medical reserve
fund. The fund shall remain in existence until £t Js depleted through
the payment of increased employee m~=dJca] insurdnce premiums or other
agreed upon expenditnres.
Uniform Allowance. The unifo~ allowance for unit employees shall
remain at $500.00 per year. Said uniform allowance shall be payable
on or before July I 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.
Standby Pay. Standby pay shall be $20.00 per eight-hour shift in
addition to any call back pay earned.
Longevity Pay. Effective January 1, 1985, employees receiving
longevity pay shall have that pay converted to a flat dollar amount.
Those employees shall continue to receive the dollar amount received
as of January 7, for so long as they would have retained eligibility
for longevity pay under the existing longevity pay rules. For all
-3-
1.8
1.9
1.10
1.12
1.13
effective January l, 1985.
Hazard Pay. Hazardous duty pay for motorcycle officers and bomb
squad members shall be $75.00 per month.
Deferred Compensation Plan. Employees in the unit shall be entitled
to participate in the City's D,~fcrred Compensation Plan.
Personal Leave. Employees in the unit may utilize up to one day per
year of earned sick leave for personal business.
}{o]ida¥_s_. Employees in the uni~ will he entitl~cl to i2 Holidays for
this fiscal year.
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 portiop of annual sick'ave which is
coeverted to vacation time.
Holiday Conversion. Effective i~nediately unit employees shall
be allowed to convert up to 40 hours of holiday pay tn compensatory
time off on a hour for hour basis. Current compensatory time
accrual maximums shall remain unchanged.
1.14 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 encouraKe
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.
1.15 Retiree Medical. Effective January 1, 1985 only employees with a
minimum of 15 years accumulated service shall be eligible for
participation in the retiree medical insurance program. The 15 year
minimum shall be waived for employees retiring because of job related
disability. Employees retiring with job related disability shall
-4-
be credited with either 8 years of their actual ac<umuiated
service time, whichever i~ greater for the purp~se of cal-
culating the retiree medical allowance under the City's
adopted formula.
1.16
1.17
Physical Fitness Committee. The City and Union agree to
establish a joint committee to review the possible implementation
of a comprehensive physical fitness program. Any committee
recommendations involving changes in matters within the scope
of representation would be subject to the meet and confer
process. Any changes will be subject to the mutual agreement
of both parties.
Existing Benefits and Practices. The parties recognize that
there are existing ordinances, resolutions and policies relating
to benefits and other terms and conditions ef employment and
the same are not affected by this Agreement, except as re-
commended herein. Specifically the following City policies and
procedures remain unchanged.
1.17.1
Grievance procedures as set forth in the Supplemental
Rules and Regulations to Ordinance No. 2154
]l.17.2 Overtime Policy
]l.17.3 Minimum time or pay for court appearance
1.17.4 Minimum time or pay for call-backs
1.17.5 Vacations
1.17.6 Holidays
11.17.7 Pay for temporary assignments to higher rated positions
1.17.8 Jury Duty
:1.17.9 Layoffs
1.17.10 The City will continue to comply with the Peace Officers
Bill of Rights
1.17.11 Employer and Employee rights set forth in sections
3.16.040, 3.16.050 and 3.16.060 (C) of Ordinance 2154
The above items are specifically set forth in Appendix A.
1.18 Committees. The Union will be entitled to representation on the
City's Insurance Committee. ~}
1.17~ Negotiations Waiver. Except as specifically provided for herein, the C~r~ ~$
~Y '~Union hereby expressly waives any right to request any improvements
or changes in the wages, hours or other terms and conditions of
employment for employees represented by the Union which would take
effect prior to January 1, 1987, and the City of Bakersfield through
-5-
1.20
Severability. It is understood and agreed tbat this Memorandum
of Understanding is subject to all present and future applicable
Federal and State laws and regulations, and the provisions hereof
shall be effective and implemented only to the extent permitted by
such laws and regulations. If any part of this Memorandum of
Understanding is in conflict or inconsistent w~th such applicable
provisions of Federal or State laws or reguD~tion~, ,~r otherwise
held t~ be invalid or unenforceable hy a tr[hun4I cm~q~,runt
jurisdiction, such part nr provislr~ns ~ha]] h~ ~u:q~,m,J,'d and
supers,~ded hV such applicable ]aws and regu]4tion~: am] the re-
mainder o~ this Memorandum of UnderstandJaR ~dml] m~t ho affected
thereby and shall remain [n ful] force and ,4 f~ct.
1.2]
Term. The term of this Agreement is from
De('~lllhc,r 31, 1q86. Propm~;~ls for the ,-'ontrn~t
in .tan,lary of 1987 shall }>*= submitted by ()cl(~bor l, 1986 and
n~'gotfatinns she]] commence- no later than (]ct¢~her ]$, 1986
hv th,. City C(~unc~] (~f the (]it:v ~f Bak,~r~f~P]d.
FOR THE UNION:
Date
-6-