HomeMy WebLinkAboutRES NO 026-13RESOLUTION NO. 0 2 6 - 13
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING SETTING SALARIES AND RELATED
BENEFITS FOR THE EMPLOYEES OF THE
BAKERSFIELD POLICE OFFICERS ASSOCIATION.
WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City
Council to provide for salaries and related benefits for employees of the City; and
WHEREAS, in compliance with the Meyers - Milias -Brown Act of the State of
California, the City met and conferred in good faith with the Bakersfield Police Officers
Association which represents this City's Police unit; and
WHEREAS, the City's negotiator and the Association have agreed upon salaries
and benefits for said Unit and the terms of a Memorandum of Understanding which is
attached hereto; and
WHEREAS, the attached Memorandum of Understanding complies with the
guidelines established by the City Council; and
WHEREAS, the attached Memorandum of Understanding shall commence on
March 6, 2013, and expire at midnight on June 30, 2013, 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
as follows:
1. The above recitals are true and correct and incorporated herein by
reference.
2. This Resolution supersedes Resolution No. 126 -06, and all amendments
thereto.
3. The attached Memorandum of Understanding and accompanying salary
schedule is hereby approved.
----- - - - - -- 000--- - - - - --
o``0PKE9�
rn
'= o
J
ORIGINAL
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
MAR 0 6 1013 , by the following vote:
Cam
NOES:
ABSTAIN
ABSENT:
COUNCILMEMBER, HANSON, JOHNSON, MAXWELL, SMITH, SULLIVAN, WEIR
COUNCILMEMBER
COUNCILMEMBER got;
COUNCILMEMBER nbrlkS
CITY CLERK and EX O lO CLERK of
the Council of the City df Bakersfield
APPROVED MAR 0 6
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPRO as to form:
VIRGIRK A. GENNARO
CITY ATTORNEY of the City of Bakersfield
Attachments
o``0{t,KF9`P -c`
m
I- r
v �
ORIGINAL
TABLE OF CONTENTS
SECTION
Final
PAGE
01.00.00 RECITALS ................................................................................... ..............................1
02.00.00 MANAGEMENT RIGHTS ........................................................ ..............................1
03.00.00 NON - DISCRIMINATION .......................................................... ..............................2
04.00.00 SALARIES AND OVERTIME .................................................. ..............................2
05.00.00 HEALTH INSURANCE ............................................................. ..............................3
06.00.00 RETIREMENT ............................................................................ ..............................6
07.00.00 OTHER COMPENSATION ....................................................... ..............................6
08.00.00 LEAVES ....................................................................................... ..............................8
09.00.00 MISCELLANEOUS ................................................................... .............................11
10.00.00 PEACEFUL PERFORMANCE ................................................ .............................13
11.00.00 DRUG TESTING ........................................................................ .............................14
12.00.00 TOTAL AGREEMENT ............................................................. .............................15
13.00.00 TERM .......................................................................................... .............................15
o��AKF9`� -c
> rn
1- r
V O
ORIGINAL
Final
MEMORANDUM OF UNDERSTANDING
BETWEEN
REPRESENTATIVES OF MANAGEMENT
FOR THE CITY OF BAKERSFIELD
AND
BAKERSFIELD POLICE OFFICERS ASSOCIATION
01.00.00 RECITALS
01.01.00 The Bakersfield Police Officers Association (hereinafter,
Association) 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 Officer
Senior Police Officer
Training Officer
Detective
01.02.00 Representatives of Management for the City of Bakersfield and
representatives of the Association 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 Association.
01.03.00 The representatives of Management for the City of Bakersfield and
the representatives of the Association 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.
01.04.00 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 Association.
02.00.00 MANAGEMENT RIGHTS
02.01.00 The City shall have the exclusive right to determine the mission of
the Police Department, set levels of service to be performed, direct
81 6P,K% 1 111
v O
ORIGINAL
Final
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.
02.02.00 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.
Dk�III�Ih��[I�,QI1 Uej 71u 1_ILIEV I 0XII
03.01.00 The City and the Association agree not to discriminate against any
employee because of membership or non - membership in the
Association or because of any activities or lack of activities on
behalf of the Association. The City and the Association 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 of the State of
California.
04.00.00 SALARIES AND OVERTIME
04.01.00 Salary ranges in effect for unit classifications shall be increased for
current unit members as follows:
3% fully retroactive to December 19, 2011
3% fully retroactive to July 2, 2012
04.01.01 The City agrees to provide not less than an additional 1% COLA
increase above future COLA increases provided to employees
represented by SEIU. This provision expires when these additional
COLA increases total 6.0% of salary.
Should no COLA increases be provided to employees represented
by SEIU prior to July 1, 2013, unit classifications will be provided
with not less than a 1% COLA increase on July 1, 2013.
04.01.02 Retirement Contribution. The City's contribution shall be nine
percent (9 %) for employees hired prior to July 1, 1983, four
percent (4 %) for those hired on or after July 1, 1983, and three
(3 %) percent for those employees hired after June 1, 2006.
2 o�gAKF,9
T
r
U O
ORIGINAL
Employees hired on or after July 1, 1983 (including those hired
after June 1, 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.
04.01.03 Employees hired on or after January 1, 2011 but prior to January 1,
2013 or who are transferred from a PERS agency or have a break
in service of less than six months (legacy status under the Public
Employees Pension Reform Act herein after PEPRA) shall be
responsible for paying the entire nine (9 %) percent employee
contribution for the term of employment.
04.01.04 Pursuant to PEPRA, employees hired on or after January 1, 2013
and without PEPRA legacy status are responsible for paying one
half (1/2) of the normal cost for the retirement program.
04.01.05 The City and Association 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.
04.02.00 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.
04.02.01 Minimum Time or Pay for Callbacks. Minimum time or pay for
callbacks shall be as provided for in Municipal Code Section
2.84.260.
05.00.00 HEALTH INSURANCE
05.01.00 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.
Final
o�OAKF,9�
3 r
V O
ORIGINAL
05.02.00 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 Dental HMO Employee
Fee Health HMO Health HMO Health Fee Health Contribution
Employee 80% 80% 80% 80% 20%
Only
Employee 80% 80% 80% 80% 20%
+1
Family 80% 80% 80% 80% 20%
05.03.00 Retiree Medical
05.03.01 Retiree Medical - Employees hired before April 1, 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
retiring 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 formula.
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) City Contribution Formula. 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.
4
Final
>- m
v
v
ORIGINAL
Final
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 Formula.
05.03.02 Retiree Medical - Employees hired after April 1, 1998. Employees
hired after April 1, 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 permanent 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 1, 1998, shall not be eligible to
receive the 42% Fee - For - Service plan subsidy.
05.03.03 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.
05.03.04 Retirement Health Savings Accounts. The ICMA Vantage Care
Retiree Health Savings Account program (RHSA) will be
implemented for all unit employees.
oI qOaK4�0V111
5
o
J
ORIGINAL
Final
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.
05.03.05 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.
06.00.00 RETIREMENT
06.01.00 For employees hired prior to January 1, 2011 the City has
implemented the 3% @ 50 Retirement Program. Plan options are
unchanged
06.02.00 Employees hired on or after January 1, 2011 but prior to January 1,
2013 or who are transferred from a PERS agency or have a break
in service of less than six months (legacy status under PEPRA)
shall be covered by the 2% @ 50 Retirement Program with the 36
highest consecutive month final compensation period.
06.03.00 Pursuant to the PEPRA, employees hired on or after January 1,
2013 without PEPRA legacy status will be covered by the 2.7% @
57 retirement formula with the 36 highest consecutive months final
compensation provision.
06.04.00 Ca1PERS Post - Retirement Optional Settlement 2 Death Benefit GC
2& 1548. Will be implemented as soon as possible following
ratification and as allowed by Ca1PERS established processes.
06.05.00 1959 Survivors Benefit. The 4th level Survivors Benefit is in place
for all retirement formulas.
07.00.00 OTHER COMPENSATION
07.01.00 Uniform Allowance. The uniform allowance for unit employees
shall be One Thousand Dollars ($1,000.00) per year. Effective
AK4 99
T
� r
U O
ORIGINAL
Final
March 6, 2013, the uniform allowance shall be increased to One
Thousand Three Hundred Dollars ($1,300.00) per year.
Motorcycle officers shall continue to receive an additional One
Hundred Dollars ($100) per year in uniform allowance. The
uniform allowance will be paid on a 26 week bi- weekly basis.
07.02.00 Standby Pay. The City and the Association agree that when an
employee is officially designated by management to remain
available to return to work at any time during specific hours
outside of normal working hours the employee shall receive forty
dollars ($40) per each eight (8) hours on stand -by or fraction
thereof. Such pay shall be in addition to any call -back
compensation. To the extent feasible the parties agree that stand-
by shall be assigned on an equitable basis to all eligible employees.
07.03.00 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 a they would have retained
eligibility under longevity pay rules. For all other employees the
longevity pay program has ended.
07.04.00 Hazard Pay. Hazardous duty pay for, SWAT, Bomb Squad and
assigned Narcotic Lab members shall continue at One Hundred
Forty Dollars ($140.00) per month.
07.05.00 Deferred Compensation Plan. Employees in the unit shall be
entitled to participate in the City's Deferred Compensation Plan.
07.06.00 Minimum Court Call -Back. Employees called back for court
appearances shall receive a minimum three (3) hours compensation
at the appropriate rate of pay.
07.07.00 Educational Incentive Pay. 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 %).
07.08.00 Bilingual aL. Effective March 6, 2013 Police Unit employees
capable of speaking Spanish shall be eligible to receive an
additional Forty ($40.00) 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.
kSA ,e,, f
7 O
T
J
v
ORI&NAL
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.
07.09.00 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.
07.10.00 Pay for Temporary Assignments to Higher Classifications.
Language is included in Municipal Code Section 2.84.150 and in
the Administrative Rules and Regulations Section III -1.4. These
provisions unless modified by this MOU, are incorporated by
reference as though fully set forth herein.
07.10.01 Senior Police Officers assigned to training as Training Officers
shall be paid at the Detective salary level for the term of their
assignment.
07.10.02 Motorcycle Officer Compensation: Effective March 6, 2013
employees assigned motorcycle responsibilities shall be paid two
(2) hours per week of straight time overtime pay. This
compensation is for the time spent by officers on their off -duty
time cleaning and generally maintaining their assigned
motorcycles.
07.10.03 Per Diem Reimbursement: Employees shall be eligible for
expense reimbursement pursuant to the City's Administrative
Policy No. 111 -3.1 (Revised 10/06/1999). Single occupancy
lodging will be provided for all POST reimbursed training.
08.00.00 LEAVES
08.01.00 Personal. Employees in the unit may utilize up to one (1) day per
year of earned sick leave for personal business.
Final
o``gAKF9�
T
> m
8 v °
ORIGINAL
Final
08.02.00 Holidays. Shift employees in the unit will be entitled to thirteen
(13) holidays per fiscal year. Holiday pay will be paid on a 26
week bi- weekly basis
The following thirteen days of each year are designated holidays
for non -shift employees.
January 1 — New Year's Day
Third Monday in January — Martin Luther King's Birthday
Third Monday in February — President's Day
Last Monday in May — Memorial Day
July 4 — Independence Day
First Monday in September — Labor Day
November 11 — Veteran's Day
Fourth Thursday in November — Thanksgiving Day
Friday after Thanksgiving Day
December 25 — Christmas Day
Three Floating Holidays, (Two of which may be allocated to fixed
days depending on the calendar).
When a holiday falls on a Saturday, the preceding Friday shall be
observed. when a holiday falls on a Sunday, the following
Monday shall be observed. Except with the prior approval of the
Chief of Police or designee, non -shift personnel shall take holidays
as scheduled above.
08.03.00 Vacation. The vacation accrual schedule shall read:
Years Days
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).
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 (157th 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,
o�gAKF9��
9 �- m
v
o
ORIGINAL
Final
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.
The municipal code has been 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.
08.04.00 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 (120) 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.
08.05.00 Sick Leave Past_ The Bakersfield Police Officers Association
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 remuneration 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
schedule shall be established between the employee and the City.
Exceptions to the repayment requirement may be made as follows:
10
ORIGINAL
Final
1. 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
require the retirement of the employee if still in active
service.
08.06.00 Jury Duty
Jury duty shall be as provided for in Municipal Code Section
2.84.620E and City Administrative Rules and Regulations Section
I1I - 1.3.6.
09.00.00 MISCELLANEOUS
09.01.00 Residency Requirement. The residency requirement shall be sixty
(60) 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.
09.02.00 Assignments. The City and Association 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 Association specifically acknowledge the need to
balance experienced and inexperienced officers on all shifts.
Appointments shall be made at the sole discretion of the
Department.
09.03.00 Supervisors Working 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.
r
v O
ORIGINAL
Final
09.04.00 Physical Assessment Program. At least once during each fiscal
year 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 Association will provide input to the City concerning the
selection of providers.
09.05.00 PU Changes. All pay rate changes (step increases, salary range
changes, etc.) will be implemented at the start of the nearest pay
period.
09.06.00 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.
09.07.00 The City will continue to comply with the Peace Officers Bill of
Rights
09.08.00 Employer and Employee rights are set forth in Code Section 2.76.
09.09.00 Committees. The Association will be entitled to representation on
the City's Insurance Committee.
09.10.00 Grievance Procedure. The grievance procedure shall be as set forth
in Municipal Code Section 2.72.310 which is incorporated herein
by reference. However, prior to the final step of the grievance
procedures, the City and Association agree to include a mediation
step utilizing a mediator from the State Mediation and Conciliation
oIk�AKF9`� -c�
1 y
v
o
2
ORIGINAL
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 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.
09.11.00 Compensatory Time off - Maximum Accrual. The compensatory
time off accrual maximum shall be one hundred (100) hours.
09.12.00 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.
09.13.00 Body Armor. The City agrees to provide an individual bullet
resistant vest for all sworn employees. These employees are
entitled to receive a new bullet resistant vest every five (5) years
from the date of manufacture. The vest shall meet the Level III (a)
wrap around, fitted with removal cover criteria. Current vest will
be replaced on their five (5) year replacement cycle.
10.00.00 PEACEFUL PERFORMANCE
10.01.00 During the term of this Agreement, neither the Association 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 Association 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.
13
Final
o�0PKF9`� -c�
F- r
V �
ORIGINAL
Final
No lock out of employees shall be instituted by the City or its
agents during the term of this Agreement.
11.00.00 DRUG TESTING
11.01.00 Authority for Testing. Only Chief Officers may order a drug test.
11.02.00 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.
11.03.00 Testing procedures shall:
1. 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
s
14 m
r
U O
KeT11NRT .111■
Final
proficiency. The Association shall be given the
opportunity to provide input on the selection of the
laboratory.
12.00.00 TOTAL AGREEMENT
12.01.00 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 Association 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.
12.02.00 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.
Both the City and Association agree that all disputes arising from
the meet and confer process from 2008 to date are resolved upon
parties adoption of this Memorandum of Understanding.
In acknowledgment of this circumstance, Association agrees to
issue a letter to the Attorney General and Superior Court stating
Association's request to have the Quo Warranto matter dismissed.
The request for dismissal is based upon the resolution of all issues
upon the adoption of a new MOU.
13.00.00 TERM
13.01.00 The term of this Agreement is from July 1, 2007 through June 30,
2013. Proposals for the contract period beginning in July 2013,
shall be submitted by April 15, 2013, and negotiations shall
commence no later than May 1, 2013, 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 Association.
15
wy-
F- r
v �
ORIGINAL
FOR THE ASSOCIATION:
TODD DICKSON, PRESIDENT
BRIAN WEST, VICE PRESIDENT
SCOTT MILLER, SECRETARY
GLE DAVIS, TREASURER
DALE STROBRIDGE,
ASSOCIATION NEGOTIATOR
16
Final
FOR T E CITY:
N TANDY, CITY/NCI ANAGER
CHRISTI TENTER,
HUMAN RESOURCES MANAGER
NELSON SMITH, FINANCE DIRECTOR
A \( rL--,
GRE&WILLIAWSON, CHIEF OF POLICE
BILL AVERY, CITY/NEVZOTIATOR
rot
ro
O I ro
,p
Ih
A
I H I O
'0
O
N
IP
N
O
O
I H I
m
v
w
Ul
A
4
O
0
0
0
0
w
o
z 1
I 1
d
I�Iro
1
1 1 r
N
W
O
O
M
67
O I ID
N
z
C
C
H
H
I a
m
H
H
H
H
[T7
I+]
I H I N
\
y I
H
H
ni
H
H
H I
W
°
czi
H;UU
o
�
z
a
�•]
1 i
O
C
T�
H
H
7J
H
H
H
I
y i
J
H
M
CTl
tT]
H
I I
C
O
n
c7
z
m l
O
bN
�
I I
U1
H
I I
n
I 1
M
I I
I
I 1
I I
I I
I I
I
I I
1 1
I I
I I
I � I
ro
ro
ro
ro
ro
ro
N
H
O
H
N
N
Ln
UI
UI
O
Ul
In
I I
I [>] I
I
I 1
1 I
I I
I I
I
1 I
(n
I I w
n
I I r
�•
I I a
n
I I
Ul
Ip
w
IP
Ul
I I
0
O
01
Ul
A
O
1 Ul
M
H N
H m
�1 N
-1 m
Ul N
C1 O
Ln
N Ul
N
m
F' N
H m
I I n
1 N
a
I y
ww
Nw
F, Ul
ii 01
m
WID
ii I a
W H
N m
O H
Ul m
r
W H
I ro I G
(D
UI
ON
w
Ul
Ul
1
O
O
O
O
O
O
I H I (D
I I
In
Y11
Ul
w
4
Ul
�
(D
N
m W
l0
H N
J
w N
m
J N
W
N
0) w
1 1
H
U o
Li co
wH
- m
o
ulo
fn I M
a
1
W W
IP W
Ul Ul
N lD
W
W w
IP J
J IA
l0 IP
N m
�7
A J
I b I
J
J
O
P
J
J
O
O
O
O
O
O
N I
I 1
Ul
Ul
W
iA
Ul
1 I
Ul
H
ID
m
Ln
I I
W W
m N
N N
H N
w
W w
I
N H
N to
O N
W m
H
N H
U] I
I y I
& ID
N J
IP m
lo. W
ID
IP w
Ul H
H m
U1 H
�I rP
H
Ul H
I ro I
m
N
m
_]
m
m
O
O
O
O
O
O
W I
1 I
Ul
Ul
A
U1
Ul
1 I
m
OP.
r
H
m
H W
N W
H N
01 N
W
H w
N W
w H
a\ w
N tD
w
N w
i y
w Ul
IP N
m J
N -1
Ul
m Ul
[x] I
O W
N m
w Ul
H m
w
O W
I ro l
0\
'D
H
N
m
m
I I
O
O
O
O
O
O
1 IP I
I I
m
Ul
It,
Ul
m
1
H
at
LJ
iP
H
O W
w w
N N
N W
w
O W
I I
Cl Ll
m N
w IP
W H
Ul
0) Ul
1 (!] I
I H I
�] N
Ul m
H �D
A N
N
-] N
1 C':1 I
o w
O �]
O IP
N m
w
O W
I ro 1
r
C)
H
lD
H
H
O
O
O
O
O
O
I Ln I
I
I I
I I
I 1
ca I
I y I
I 1
I I
I (n I
I I
I 1
H
I
I I
I I
1 I
I I
1 1
H
>- m
f- r
J O
ORIGINAL