HomeMy WebLinkAboutRES NO 126-06
· .
RESOLUTION NO.
A RESOLUTION APPROVING MEMORANDUM OF
UNDERSTANDING FOR EMPLOYEES OF THE
ASSOCIATION OF BAKERSFIELD POLICE
OFFICERS ("ASSOCIATION") AND ADOPTING
SALARY SCHEDULE AND RELATED BENEFITS.
126;;06
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. 012-01, 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extent the same applies to employees in the Police Unit, is superseded by this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. 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 of Bakersfield and the
Association.
----------000----------
'< 'òMÆ',ç>
o <!;,
>- -
\-"" m
_ r-
o c::.
ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the City Of Bakersfield at a regular meeting thereof held on MAY 2 4 20ß6
by the following vote:
0./"...-- v' v"""'- __ 0./"
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~
NOES:
ABSTAIN:
ABSENT:
CITY CLERK and EX OFFICIO C RK of
The Council of the City Of Bakersfield
APPROVED
MAY 2 4 2006
APPROVED as to form:
~~l/l~¿¿ x/¿,¿1>21:Z/~
,
';
v
VIRGINIA GENNARO
CITY ATTORNEY of the City Of Bakersfield
---._--_..... -'.-"-".--'-'
, '''''~~'''--'-' ,._._~--""
~ 'òMii',¡y
a ~
>- -
t-- m
- ,...
a c::.
ORIGINAL
01.00.00
01.01.00
01.02.00
01.03.00
01.04.00
02.00.00
02.01.00
MEMORANDUM OF UNDERSTANDING BETWEEN
REPRESENTATIVES OF MANAGEMENT
FOR THE CITY OF BAKERSFIELD
AND
BAKERSFIELD POLICE OFFICERS ASSOCIATION
RECITALS
The Bakersfield Police Officers Association (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 Sergeant
Police Officer
Senior Police 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, fi-inge
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 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
Final
'< ~Mt'f
o ~
>- -
¡.- m
_ r--
a c::.
ORIGINAL
02.02.00
03.00.00
03.01.00
04.00.00
04.01.00
04.01.01
04.01.02
service met; provided, however, that the exercise of such rights
does not preclude employees or their representatives rrom 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 retaliate against any employee as a result of the exercise
of their rights under this Agreement, or under Section 3500 et seq.,
of the Government Code ofthe State of California.
SALARIES AND OVERTIME
Salary ranges in effect for the classifications of the unit shall be
increased as follows:
3% effective March 21, 2005
4% effective March 20, 2006
I % effective March 19, 2007
In addition to the salary increases provided in 04.01.00 above,
Police Sergeants shall receive a six (6%) percent salary increase
effective December 26, 2005. Concurrently, administrative leave
and the deferred compensation match provided for under the
supervisory resolution shall cease.
Retirement Contribution. The City's contribution shall be nine
percent (9%) for employees hired prior to July I, 1983, four
percent (4%) for those hired on or after July I, 1983, and three
(3%) percent for those employees hired after June I, 2006.
Employees hired on or after July I, 1983 (including those hired
after June I, 2006), will be eligible to receive the nine percent
(9%) payment effective the beginning of their sixth (6th)
uninterrupted year of service. Such payments by the City shall be
reported as normal contributions and shall be credited to the
employee's accounts pursuant to Government Code Section 20615.
This PERS pickup is done pursuant to Section 414(H) (2) of the
Internal Revenue Code.
-~._"'-'- .,'-.".---.-.- .,...__...-.~ --,--.-..
Final
~ ~A/(~-9
o '£,
>-
'f50RIGINAf
04.01.03
04.02.00
04.02.01
05.00.00
05.01.00
05.02.00
Employee
Only
Employee
+1
Family
05.03.00
05.03.01
The City and Union agree to explore in good faith the possible
discontinuance of City payment of the employee's PERS payments
in exchange for an equivalent wage increase.
Overtime. Overtime language is included in the Municipal Code
Sections 2.84.180, 190, 200, 210, 220, 240, 250 and in the City
Administrative Rules and Regulations Section II - 2.1.1. These
provisions, unless modified by this MOU, are incorporated by
reference as though fully set forth herein.
Minimum Time or Pav for Callbacks. Minimum time or pay for
callbacks shall be as provided for in Municipal Code Section
2.84.260.
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
CityÆmployee Medical Insurance Committee. The Committee
shall consist ofrepresentatives ITom 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. The City and employees shall share
bi-weekly contributions towards medical, vision, and dental plans
for all employees of this Unit as follows:
Fee Dental HMO Dental Fee Dental
Fee Health HMO Health HMO Health
Dental HMO
Fee Health
Employee
Contribution
80%
80%
80%
80%
20%
80%
80%
80%
80%
20%
80%
80%
80%
80%
20%
Retiree Medical
Retiree Medical - Emplovees hired before April I, 1998
a)
Only employees with a minimum of fifteen (15) years
accumulated permanent service shall be eligible for
participation in the retiree medical insurance program. The
fifteen-year minimum shall be waived for employees
.",- "'-'-~"-'---------'-'" "...~- ~".._.,.._._,_.~---,.-.....-..._----------,-,-<.
Final
~ 'ò"'K~1'
a ~
~ -
I- m
_ r-
a c::.
ORIGINAL
05.03.02
- _____>. - ___n..__..._.___"_..____..._______,.___....
Final
retmng because of a job related disability. Employees
retiring because of a 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 fonnula.
b) Any employee eligible to receive retiree medical insurance
coverage who is eligible for Medicare coverage (Part A),
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.
c) Citv Contribution Fonnula. The City's contribution to
retiree premiums shall be based on the lower of the Health
Maintenance Organization or Fee-for-Service, single-party
rate. The City's contribution to retirees will be 3% per year
of service to a maximum contribution of 90% of the
premium for 30 years of service.
d) 42% Contribution for "Fee for Service". 42% of the actual
premium for the "Fee-for-Service" Retiree Health Plan shall
be paid by the City in addition to the amount paid under the
City Contribution Fonnula.
Retiree Medical - EmDlovees hired after ADril I, 1998. Employees
hired after April I, 1998, will be eligible for retiree medical under
the following conditions:
a) Participation in the City retiree medical insurance plan will
be offered to those employees who retire following twenty
(20) years accumulated pennanent service or retire due to
disability. Such retirees will receive a premium subsidy
based upon 3% per year of service up to a maximum of 30
years (90%), of the lower of the HMO or Fee-For-Service
Single rate. In no case shall a retiree in this class receive
more than 90% of their applicable rate structure (i.e. single
without medicare rate, single with medicare rate, etc.) in
subsidies from the City.
b) Any employee eligible to receive retiree medical insurance
coverage who is eligible for Medicare coverage (Part A)
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 retiree medical plan.
c)
Employees hired after April I, 1998, shall not be eligible to
receive the 42% Fee-For-Service plan subsidy.
'òf>.Kê?,
~ ~
>- iÏÌ
';;: I;
a OR\GINAb
-_..~._- _.__.._.._-_.~._-"._.,..._--_._._._,---"-
05.03.03
05.03.04
05.03.05
06.00.00
06.01.00
07.00.00
07.01.00
Final
Medicare Risk Plan. The City has established a Medicare Risk
option with the City contributing the cost of the Medicare Risk
premium and a flat dollar amount up to the Medicare part B
monthly premium at the 1996 rate ($42.50). In no case would this
contribution exceed 90% of the lowest single rate. The City
reserves the right to modify or eliminate this practice in the future
in response to changes in medical plans by providers, the changes
to the Medicare program by the federal government, or changes to
economic or legal conditions, subject to the meet and confer
requirements under the law with labor organizations.
Retirement Health Savings Accounts. The ICMA Vantage Care
Retiree Health Savings Account program (RHSA) will be
implemented for all unit employees.
The RHSA will provide for deposit of termination payouts (0-
100% default will be set at 50%) into the employees account and
additional voluntary employee contributions. Voluntary
contributions will be set in the increments of 1,3,5,7 & 9 percent.
A prospective leave contribution in the form of designated holiday
pay contributions will be included. These and other provisions will
be as set forth in the agreement between the City and ICMA.
The City assumes no liability for adverse tax rulings by the IRS
relative to this program.
Employees hired after May 24, 2006 will not participate in either
of the retiree health subsidy programs set forth in this section. In
lieu, the City will match up to one (1%) percent of the employee's
non-mandatory contributions to their Retirement Health Savings
account commencing the beginning of their sixth (6th) year of
employment.
RETIREMENT
The City has implemented the 3% @ 50 Retirement Program. Plan
options were unchanged.
OTHER COMPENSATION
Uniform Allowance. The uniform allowance for unit employees
shall be Nine Hundred Fifty Dollars ($950.00) 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. Effective July I, 2005, the uniform allowance shall
be increased to One Thousand Dollars ($1,000.00) per year.
Motorcycle officers shall continue to receive an additional Twenty-
X 'ò1\K!¡1'
o ~
>- -
>- m
_ r--
o t:J
ORIGINAL
07.02.00
07.03.00
07.04.00
07.05.00
07.06.00
07.07.00
07.07.01
07.08.00
Final
Five Dollars ($25.00) per quarter in uniform allowance. Effective
the pay period commencing June 26, 2006 the uniform allowance
will be paid bi-weekly.
Standbv Pay. Standby pay shall continue at Forty Dollars
($40.00) per eight (8) hour shift in addition to any call-back pay
earned.
Longevitv Pav. 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 a 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, SWAT
and bomb squad members shall continue at One Hundred Twenty
($120.00) Dollars per month. Effective the pay period following
the ratification of this agreement, hazard pay shall be increased to
One Hundred Forty Dollars ($140.00) 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 Pav- Non-Sergeants. Unit employees in
possession of an Intermediate POST certificate shall receive an
additional five (5%) percent of base pay. Unit employees in
possession of Advanced POST certificates shall receive an
additional five (5%) percent of base pay (total of 10%).
Education Pay- Sergeants. Police Sergeants in possession of an
Advanced POST certificate shall receive an additional five (5%)
percent of base pay. Police Sergeants in possession of a
Supervisory POST certificate shall receive an additional five (5%)
percent of base pay (total of 10%). Employees promoting to Police
Sergeant receiving incentive pay for an Intermediate Certificate
shall continue to receive the pay for up to 24 months pending
qualification for the Supervisory Certificate. Maximum incentive
pay in all cases is (10%) ten percent.
Bilingual Pay. Police Unit employees capable of speaking Spanish
shall be eligible to receive an additional Twenty-Five ($25.00)
Dollars per pay period. To be eligible, an employee must; 1) Pass
the test demonstrating conversational fluency in Spanish; 2) Pass
periodic retests in language skills; 3) Serve as translators as
required.
~1>.Kf'1'
~ ú'
""
>- -
.... rn
- ,...
a c::.
ORIGINAL
07.09.00
07.10.00
07.10.01
08.00.00
08.01.00
08.02.00
08.02.01
08.03.00
Additional languages may be added by the Chief of Police.
Notwithstanding the above, all personnel shall utilize any language
skills they possess to the best of their ability in handling their
responsibilities. In case of an emergency, all employees will use
whatever language skills they possess to assist to the maximum
extent possible.
K-9 Compensation. 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 caring for the assigned animal (two hours per
week of 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.
Pav for Temporary Assignments to Higher Classifications.
Language is included in Municipal Code Section 2.84.150 and in
the Administrative Rules and Regulations Section 1Il-1.4. These
provisions unless modified by this MOD, are incorporated by
reference as though fully set forth herein.
Senior Police Officers assigned to training as Training Officers
shall be paid at the Detective salary level for the term of their
assignment.
LEAVES
Personal. Employees in the unit may utilize up to one (1) day per
year of earned sick leave for personal business.
Holidavs. Employees in the unit will be entitled to thirteen (13)
holidays per fiscal year. Effective the pay period commencing
June 26, 2006 the holiday pay will be paid bi-weekly.
The unit employees who observe holidays shall use the holiday
schedule utilized by Management and Supervisory personnel.
Vacation. The vacation accrual schedule shall read:
Years Davs
0-4 10
5 - 13 15
14+ 20
Pursuant to the schedule above, employees accrue vacation at the
rate of .83 days per month from the date of initial employment
through the fourth year of continuous service (48 months).
Final
'< 'ò!\K¿:-1>
o ~
>- -
>- rn
_ r-
a c::.
ORIGINAL
08.04.00
08.05.00
Final
Beginning with the first month of the employees fifth year of
service (49th month), the employee begins to accrue vacation at
the rate of 1.25 days per month. This continues until the beginning
of the employees fourteenth year of service (I57th month), when
the employee begins to accrue vacation at the rate of 1.67 days per
month.
Other vacation provisions shall be as included in the Municipal
Code Sections 2.84.330, 340, 350, 360, 370, 380, 390, 400, 420,
430, 440, 450, 460 and City Administrative Rules and Regulations
Section III - 1.3.4. These provisions unless modified by this
MOU, are incorporated by reference as though fully set forth
herein.
Effective January, 2006, the municipal code shall be modified to
allow employees accruing vacation at the twenty (20) day per year
level (1.67 days per month) to maintain a maximum of 552 hours
of vacation accumulation.
Sick Leave Conversion. Police Unit employees accrue sick leave
at the rate of twelve (12) days per calendar year, with a maximum
accrual of one hundred twenty (120) days. An employee who has
an accrued balance at the end of the calendar year, which exceeds
one hundred twenty (\ 20) days will receive 100% of his/her
accruals in excess of 120 days as vacation and may convert and be
paid for up to 75% of that amount of vacation. The amount to be
converted must be designated by the employee no later than the
following January 31 st, which will be paid to employee the second
pay day in February. Employees receiving the above conversion
will not receive any sixty (60) to one hundred twenty (120) day
conversion of sick leave for that calendar year.
Sick Leave Pav-Out. The Association of Bakersfield Police
Officers and the City of Bakersfield mutually acknowledge that the
large majority of Unit retirements take place as disability, not
service retirements. The parties consider this practice problematic.
The parties agree that service retirements, when practical, are
preferable and create the possibility of significant savings for the
City and the taxpayers. For this reason, for the term of this
Agreement, the parties agree that individuals retiring with a service
retirement shall be entitled to a premium sick leave pay-out.
Specifically, individuals shall receive an additional 25% of accrued
sick leave at the time of retirement beyond that provided for in
City Code Section 2.84.570. This payment shall not be considered
gross remunmeration for purposes of retirement.
Except as provided below, any employee converting the service
retirement to a disability retirement within five (5) years of the
date of retirement shall refund this premium sick leave payment to
the City. If repayment is required, a reasonable repayment
'<. 'òMê-9
o ~
>- -
..... m
- ,...
ù c::.
ORIGINAL
--_._._-",.._~_.."_...__.__.. "...-..-....-.....-.-..-."
08.06.00
09.00.00
09.01.00
09.02.00
09.03.00
schedule shall be established between the employee and the City.
Exceptions to the repayment requirement may be made as follows:
I. No repayment shall be required if an employee dies after
retirement and the survivor's allowance is converted to a
disability allowance.
2. The City Manager will waive repayment in the event of a
catastrophic event resulting in substantial disability from
heart attack, stroke or cancer for the employee. Substantial
disability is defined as a disability which would have
required the retirement of the employee if still in active
service.
Jurv Dutv
Jury duty shall be as provided for in Municipal Code Section
2.84.620E and City Administrative Rules and Regulations Section
III - 1.3.6.
MISCELLANEOUS
Residencv 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.
Suvervisors 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.
Final
'òM£'-9
J ~
>- -
>- rn
_ t-
O c::.
ORIGINAL
09.04.00
09.05.00
09.06.00
09.07.00
09.08.00
09.09.00
09.]0.00
Physical Assessment Program. At least once during the period of
April ],2004 to September 30, 2005 and once during the period of
October], 2005 to June 30, 2007, 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, etc.)
Body composition
Muscular endurance
Flexibility
PSA (for employees 45 years of age and older, upon specific
request).
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.
Pav Changes. All pay rate changes (step increases, salary range
changes, etc.) will be implemented at the start of the nearest pay
period.
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.
The City will continue to comply with the Peace Officers Bill of
Rights
Employer and Employee rights are set forth in Code Section 2.76.
Committees. The Union will be entitled to representation on the
City's Insurance Committee.
Grievance Procedure. The grievance procedure shall be as set forth
in Municipal Code Section 2.72.3]0 which is incorporated herein
by reference. 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
Final
« '¢ f>..Kt-»
o ~
>- -
¡-- rn
_ f"-
a c::.
ORIGINAL
09.11.00
09.12.00
09.13.00
09.14.00
10.00.00
10.01.00
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 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 - Maximum Accrual. The compensatory
time off accrual maximum shall be one hundred (100) hours.
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.
Citv Physicians. Employees may pre-select a City Physician once
annually, during open enrollment.
Continuing Negotiations. The parties agree to continue
negotiations on revised disciplinary language. The intent of the
parties is to conclude these negotiations within thirty (30) days of
the adoption of this Memorandum.
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 this
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.
Final
~ 'ò/>.KS"-9
o ~
".. -
':;. J!!
v c::.
ORIGINAL
11.00.00
11.01.00
11.02.00
11.03.00
12.00.00
12.01.00
DRUG TESTING
Authoritv 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, Of 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.
Testing procedures shall:
I. Positively identify employees prior to testing.
2. Provide for employee privacy and security of samples.
3. Establish any drugs being taken legitimately (e.g. under
medical supervision).
4. 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.
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.
TOTAL AGREEMENT
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
Final
« 'ò"-Kt1'
a %
>- -
t;. ~
a c::.
ORIGINAL
12.02.00
13.00.00
13.01.00
Final
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.
Should any section, clause or provision of this Agreement be
declared illegal by final judgment 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.
TERM
The term of this Agreement is from April 1, 2004 to June 30,
2007. Proposals for the contract period beginning in July 2007,
shall be submitted by February 15, 2007, and negotiations shall
commence no later than March 15, 2007, unless the parties
mutually agree otherwise. This Memorandum is entered into upon
ratification and acceptance by the City Council of the City of
Bakersfield. This Agreement shall become effective upon
ratification by the City and Union.
FOR THE UNION:
J¿~~
~
ØZ------.
FOR THE CITY:
Æ ú-r-
ASSISTANT CITY MANAGER
&~~
HUMAN RESOURCES ANAGER
(J;I/
'< ç,Mt"-9
o ~
>- -
,... m
- ,...
c.:> c::.
ORIGINAL