1 AGREEMENT BETWEEN THE CITY OF RED BLUFF AND THE RED BLUFF POLICE MIDMANAGERS ASSOCIATION REGARDING WAGES, HOURS, AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT
1. POLICE MID-MANAGEMENT EMPLOYEES
• The Following positions are included in the Red Bluff Police Mid Managers Association:
o Captain
o Lieutenant
o Records/Communications Manager
o Executive Assistant to the Chief (Non-exempt)
2. TERM
• 3 Year Contract Term (July 1, 20236 – June 30, 20269)
3. SALARY
• Base pay shall be defined as only the bi-weekly amount posted on the City’s official Salary Schedule.
• Effective at the beginning of the first full pay period after July 1, 2026, employees shall receive a 2% salary increase.
• Effective at the beginning of the first full pay period after July 1, 2027, employees shall receive a 1.5% salary increase.
• Effective at the beginning of the first full pay period after July 1, 2028, employees shall receive a 1% salary increase.
• Effective the first full pay period after July 1, 2026: In addition to the above salary increases, the City agrees to increase the base salary to each position as a onetime compensation for aligning premium pay with CalPERS reporting requirements:
•o Captain – 1%; Lieutenant – 1%; Communications Manager – 0.75%; Executive Assistant – 0.25%
• In addition to the above salary increases, the City will implement the Salary Recommendations in the Compensation Report as approved by City Council on June 6, 2023, and is publicly available on the City’s website, as follows:
• Effective the first full pay period after July 1, 2023, the first half of the percentage increase. Effective the first full pay period after July 1, 2024, the second half of the percentage increase. Those classifications listed in the Compensation Report that 2 showed compensation at or over Market Median in the Salary Recommendations shall not have their salaries reduced.
• The Compensation Report as approved by City Council on June 6, 2023, including the Salary Recommendations shall remain publicly available on the City’s website for the duration of this contract at the following location:
https://www.cityofredbluff.org/departments/human_resources_home/resource s.php
• The City and the Association agree to apply a 3% unit wide increase effective the first full pay period after July 1, 2023, in exchange for elimination of the 5% 20 Year Longevity Step as of July 1st, 2023. Any employee who has this incentive before July 1st, 2023, will keep the incentive.
• The City and the Association also agree to eliminate the POST Supervisor and Management Certification Incentives (2.5% each, 5% total) for a 5% base salary increase to the Lieutenant and Captain classifications only. • An illustration of the implementation plan as outlined above (including the base salary increases, salary recommendations and incentive swap) is attached hereto as Appendix A.
4. EDUCATION INCENTIVE PREMIUM PAY
• Educational Incentive Pay: Those employees who earn an AA degree from an accredited college or university shall receive a 2.5% salary increase over base pay.increase above their base salary. Those employees who earn a BA/BS or higher degree from an accredited college or university shall receive a 5% salary increase over base pay.increase above their base salary. Those employees who earn a Masters or higher degree from an accredited college or university shall receive a
7.5% salary increase over base pay.increase above their base salary. In no case may an employee receive more than 7.5% in Educational Incentive Pay (i.e., amounts are not compounding). Degrees subject to this provision must be reviewed and approved by the Police Chief and the City Manager. Eligible degrees must be earned from a college or institution accredited by an accreditation agency recognized by the U.S. Secretary of Education (http://ope.ed.gov/accreditation/).
6. LONGEVITY STEPS
• Longevity Incentive Pay: Employees shall be eligible to receive a 5% salary incentive over base pay at 5 years of service and an additional 5% salary incentive over base pay at 10 years of service with the City. for Longevity Step increases of 5% of salary at 5 years of continuous service with the City; and 5% at 10 years of continuous service with the City; Any employee that has a Longevity Step of 20 years prior to 3 July 1, 2023, shall not lose the 5% in pay. At the discretion of the Police Chief and the City Manager, these longevity enhancements incentives may be provided to employees with commensurate experience at another law enforcement agency.
Any employee that has a Longevity Incentive for 20 years’ service prior to July 1, 2023, shall not lose their 5% in pay, however this incentive shall not be considered reportable income per CalPERS regulations.
• Bilingual Incentive Pay. The City authorizes the Chief of Police to determine whether it is valuable to the City for an employee to use bilingual skills to meet the department's responsibilities in providing direct public contact, either orally or in writing. Those employees who have been determined to possess those skills at a level valuable to the City shall be eligible to receive additional compensation in the amount of a 2.5% salary incentive over base pay. The Chief of Police shall designate the languages recognized as eligible for this incentive pay. All employees being considered for bilingual incentive pay will be tested using the Merit Systems bilingual written/oral proficiency test to determine their eligibility to receive bilingual pay. Merit Systems will grade the test, and the City will set the pass point. •
• Fitness Incentive Program. A non-pensionable fitness incentive of five hundred ($500) shall be paid annually on the first pay period of December to those unit members that satisfactorily complete the POST Work Sample Test Battery (WSTB) administered by the City’s Police Administration with a minimum score of 384 in the preceding 6 months before November 15. Testing shall be scheduled by Police Administration in groups as they determine and not done on an individual basis. The Chief of Police or their designee shall reserve the right to deny an employee’s ability to test if they determine the employee is not adequately prepared to complete the test battery. Test battery to include:
• Running a 99-yard obstacle course including a 500-yard sprint. Or run a mile and a half in under 15 minutes. (Department Head discretion). • Lift or drag a 165 lbs. life-like dummy 32 feet.
• Climb over both a solid and chain link 6-foot fence.
7. LIFE INSURANCE
• Employees are eligible to receive City provided life insurance in the amount of $50,000.
• Employees are able to purchase life insurance beyond the City provided coverage amount of $50,000 at their expense and within the provision allowed by the provider.
8. DEFERRED COMPENSATION
4 • Effective the first pay period after Council approval the City will provide a cash match up to a maximum of $100 per pay period of an employee’s deferred compensation contribution into a City sponsored plan.
9. HEALTH INSURANCE
• Employee Health Plan Eligibility. All regular full-time employees and the employee's dependents shall be entitled to participate in the City-sponsored Flexible Benefits Plan as established herein.
A. Eligible employees enrolling in the program within thirty (30) days following their appointment will be covered subject to contract limitations with the carrier. Coverage shall commence when the employee is eligible for coverage under PERS and the health plan carriers’ rules. Employees enrolling after the thirty (30) day enrollment period will be approved only upon evidence of insurability or during open enrollment opportunities as determined by the carrier.
B. An eligible employee for whom monthly payments are required shall be fulltime employees who have enrolled in the health plan. Eligible employees must complete an enrollment form, even if opting out to decline all coverage. Coverage for newly hired employees will begin the first of the month following their appointment. To maintain month-to-month coverage, employees must maintain their full-time status with the City. • Description. The City of Red Bluff Flexible Benefits Plan consisting of the Tax Deferred Medical Premium option is available to all employees in regular full time positions (hereafter "employee"). There will be two (2) participation levels, identified as Core Plan and Flexible Benefit Option. Once the selection is made, it will remain in force until the current calendar year end and when a selection is made during the following year’s open enrollment period. The medical premium option will be the default option and remain in effect until and/or unless changed by the employee.
• Participation Levels.
A. CORE PLAN
In addition to the amounts set forth below, the City will pay a Retirement Health Contribution of $160/month of the premium for the medical coverage selected through NCGTSF.
The City offers two Core Plan options as outlined below:
1. Medical Plan only
2. Medical Plan plus Dental & Vision Plans
5 If the employee elects dental coverage, then the employee must participate in a vision plan option.
Unit members have elected to pursue medical coverage offered by the Northern California General Teamsters Security Fund (NCGTSF) and to withdraw from PORAC-PERS or PERS Medical Plans, effective January 1, 2019. POA members understand that the Unit is not eligible to return to PORAC-PERS Medical or PERS Medical for a minimum period of (5) five years after leaving PERS. The RBPMMAPOA has conducted its own research regarding the plans offered, costs, benefits, solvency, claims process, etc. of the NCGTSF Medical Plan and have satisfied themselves in that regard. The City makes no claims, representations or warranties of any kind regarding the plans offered, cost, benefits, solvency, claims process, etc. of the NCGTSF Medical Plan. The RBPMMAPOA understands that NCGTSF is a private entity and in the event of insolvency, there likely will be no government bailout funds available. The RBPMMAPOA represents that its has obtained the unanimous consent of all of its current members and eligible annuitants (retirees) to withdraw from PERS.
The RBPMMAPOA acknowledges and understands that after the Resolution withdrawing from PERS has been submitted all employees, annuitants and COBRA enrollees will lose their eligibility for PERS health benefits.
The City will pay to the Employee’s Flexible Benefit Account the following amounts:
JULY 1, 2023
Employee only $602.54
Employee plus one (child) $1068.18
Employee plus (spouse) $1054.04
Family $
Total City contributions equal:
JULY 1, 2023
Employee only $762.54
Employee plus one (child) $1228.18
Employee plus one (spouse)
$1214.04
Family $ 1536.50
When an employee selects a Core Plan, the City will pay to the Employee’s Flexible Benefit Account the following amounts based upon their selection:
Effective January 1, 2026:
6 Employee only: $807.22
Employee plus (child): $1,305.45
Employee plus (spouse): $1,298.81
Family: $1,652.41
Effective January 1, 20274, and each January 1st thereafter, the City contributions to the Employee Flexible Benefit Account set forth above will be increased by an amount equal to 50% of the increase in the NCGTSF medical plan. In addition, the City contributions set forth above will be increased by an amount equal to 50% of the increase in the City’s dental and vision plans at the point of any increase during the term of this Agreement.
Effective January 1, 2027, the City shall maintain a minimum coverage amount equal to 85% of the NCGTSF Select Plus, Humana Dental and VSP Vision plans.
Any current coverage amounts above 85% shall remain in place as defined above.
B. FLEXIBLE BENEFIT OPTIONS (IN LIEU PAY)
Employees who elect not to participate in the Core Plan will be asked to sign a waiver and will be required to provide proof of alternate medical insurance (see Administration Section). The City will provide a cash back option of one hundred ($100) dollars per month for employees who elect the Flexible Benefit Option.
Employees who elect not to participate in a Core Plan Option will be asked to sign a waiver and will be required to provide proof of medical insurance. They will have an opportunity to participate in the Flexible Benefit Options listed below:.
1. Effective July 1, 2026: A taxable In Lieu Payment of two hundred ($200) dollars per month.
2. Effective July 1, 2026: A taxable In Lieu Payment of two hundred ($200) dollars per month plus effective January 1, 2027: Dental & Vision Plans at 85% of the premium cost of the Humana Dental & VSP Vision plan in the applicable tier coverage paid to the Employee’s Flexible Benefit Account. • Administration.
No benefits will be paid to employees until proof of current, valid alternate insurance is on file in the Personnel Office. The Flexible Benefit Option payment (In Lieu Pay) will not be paid to employees unless or until a signed waiver of 7 medical insurance and proof of alternate coverage is on file in the Human Resources Department.
• Retired Employee Options.
City agrees to pay one hundred sixty dollars ($200160) per month of a qualified retiree’s medical premium in accordance with NCGTSF/Teamsters Retiree Trust regulations.
Employees who retire under the provisions of the City’s retirement contract with the NCGTSF/Teamsters Retiree Trust may continue to insure themselves and their insured dependents for the health benefit portion of the health plan.
Retirees who are not Medicare eligible can enroll in Select Plus or enroll with the Teamsters Retiree Trust health plan. Retirees who are Medicare eligible can only enroll in Teamsters Retiree Trust. The employee/retiree shall remit payment to the portion not paid by the City’s one hundred sixty dollars ($200160) retiree contribution. The City will pay towards NCGTSF/Teamsters Retiree Trust medical $200160 per month as long as the annuitant is participating in a NCGTSF/Teamsters Retiree Trust medical plan. Payments will be in accordance with NCGTSF/Teamsters Retiree Trust Policies.
The City agrees to allow a Medical Insurance Fund to be chosen by the unit and employees can participate through a payroll deduction at their own cost. The City reserves the right to decline a plan if it is cost prohibitive to the City. • SDI.- Police Unit employees participate in the State Disability Insurance Program.
All premium costs are borne by the employee.
• Section 125 Plan - The City agrees to maintain the Internal Revenue Section 125 Premium Only Plan.
10. HOLIDAYS
• Employees who have a holiday off shall receive vacation accrual or pay for the hours equal to their current shift assignment, e.g., an employee who is on a twelve (12) hour shift schedule shall receive 12 (twelve) hours of vacation accrual. • Observance of Holidays: Holidays which occur on Saturday shall be observed on the preceding Friday. Holidays which occur on Sunday shall be observed on the following Monday.
Full time employees shall be granted their entire workday as a compensated holiday.
8 Employees required to be on duty on holidays shall be only those whose services are needed and required in the interest of the public health, safety, or general welfare.
Employees so required to work shall be entitled to compensatory time off (straight time) for the actual hours worked to be taken until such time as, in the discretion of the department head, the employee’s services are not required.
If a holiday falls on an employee’s regularly scheduled time off, compensatory time off shall be granted equivalent to the employee’s regularly scheduled hours. • MANAGEMENT GROUP HOLIDAYS:
New Year’s Day (January 1st),
Martin Luther King Day (3rd Monday in January),
Presidents’ Day (3rd Monday in February),
Memorial Day (Last Monday in May),
Juneteenth (June 19th),
July 4th,
Labor Day (1st Monday in September),
Columbus Day (2nd Monday in October),
Veterans’ Day (November 11th),
Thanksgiving Day and Friday after (4th Thursday in November, 4th Friday in November),
Christmas Eve (December 24th)
Christmas Day (December 25th)
December 31st (New Year’s Eve).
• Any day proclaimed by the President or Governor and Mayor as a Public Holiday provided the declared holiday is legally binding on the City of Red Bluff. When a holiday falls on a Sunday, the following Monday shall be observed. When a holiday falls on a Saturday, the proceeding Friday shall be observed. It is understood that these paid holiday provisions may necessitate amendment from time to time, due to negotiation results with non-management regular, full-time employees.
11. COMPOSITE LEAVE/SICK LEAVE/VACATION LEAVE
• Composite Leave: In 2012, the City converted the prior Composite Leave program to the vacation/sick leave policies described herein. Composite leave earned and accrued under the prior policy remains available for the employee’s use. There shall be no minimum annual required use of composite leave. Employees may use composite leave for vacation or sick time off if so requested. • SICK LEAVE:
9 A. Accrual rates – Full-time employees shall earn 8 hours of sick leave each month, pro-rated on a bi-weekly basis. Sick leave shall only be used in units of one (1) hour or longer. Total amount of sick leave earned/accumulated shall be unlimited.
B. Usage – sick time shall not be considered as a right, which an employee may use at his/her discretion, but shall be allowed only in case of necessity for actual personal sickness or disability. Sick leave may only be used in the following cases:
(1) A bona fide illness or injury to the employee.
(2) Medical, dental, mental or eye care consultations.
(3) Injury or illness of an immediate family member as set forth herein.
C. Sick Leave payoff. No employee is entitled to payment of any unused/accumulated sick leave upon separation from City employment.
Employees retiring from the City are eligible to convert unused sick leave to PERS service credit in accordance with the City’s contract with PERS.
D. Family Sick Leave. Employees may use up to 48 hours of sick leave each fiscal year because of sickness for members of his/her immediate family or baby bonding. The immediate family shall consist of the spouse, children, parents, and parents of spouse, brothers, sisters, guardians, wards or other individuals whose relationship to the employee is that of a dependent or near dependent.
In each such case the City Manager shall grant sick leave only when, in his/her opinion, the relationship of the sick person to the employee warrants such use of sick leave. In no event shall an employee be granted sick leave to oversee (baby-sit) children who are not ill.
E. Use of Composite Leave for Illness Purposes. At Employee’s discretion, previously accrued Composite Leave may be used for illness subject to the restrictions set forth herein regarding use of sick leave.
F. Doctor's Statements. The Dept. Head directly supervising the employee, and/or the City Manager shall, in any instance where deemed warranted, require that a Management Group employee submit a statement from a licensed physician setting forth the specifics which necessitate the Management Group employee's absence for illness or injury purposes and shall have the right to require examination by City-appointed medical personnel at no expense to the employee.
G. Department Head Responsibility. Department Heads and Management Group members have a responsibility to seek medical attention when there is evidence they are either too ill to work or present a hazard to themselves, co- 10 workers, or the public.
H. Coordination with Worker's Compensation Payments and State Disability Insurance Payments. An employee receiving temporary disability payments under the Worker's Compensation Law and/or State Disability Insurance (SDI) Payments and/or Paid Family Leave Payments may use accumulated Vacation Leave, Sick Leave or Composite Leave in order to continue to maintain his/her regular income. Such payments will be endorsed over to the City during this period. The intent of integration of temporary disability, SDI, or paid family leave payments with employee benefit time is to provide an employee with combined benefits equal to, but not more than, their normal rate of pay, assuming they have sufficient accumulated benefit time. • VACATION LEAVE:
Vacation Accrual Rates. Full-time employees shall earn the following annual hours of vacation credit prorated on a bi-weekly basis. Vacation leave shall only be used in units of 2 hours or longer. Vacation time may only be taken following the completion of 6 months service. Effective the first full pay period in July 2023, as used in this section, “Years of Service" shall include full-time years of service as an employee at another public safety agency in a public safety role.
Years of Service Bi-weekly Accrual
0 through 3 years 4.923 hrs. (128 hrs./yr.)
4 through 14 years 6.462 hrs. (168 hrs./yr.)
15 years and over 8.00 hrs. (208 hrs./yr.)
Employees who are denied vacation use during the 12 months preceding reaching their maximum accumulation amount shall be given 90 calendar days following reaching said cap to use vacation before their accrual ceases.
Maximum Accumulation. No employee shall be entitled to accumulate more unused vacation than the equivalent of that which has been earned during the preceding 24 months period. No additional credit for vacation shall be earned by an employee so long as he has to his credit accumulated unused vacation in the foregoing maximum amount.
Vacation Cash-out. Employees shall have the option to cash-out up to sixty forty (640) hours maximum of their accrued vacation leave per fiscal year. This provision will expire at the end of the contract term, June 30, 2026. To be eligible, employees 11 must have a minimum balance of 100 hours in vacation bank after cash out is processed.
Use of Vacation or Composite Leave. The times during an accrual year at which a Management Group employee may take vacation shall be determined by the City Manager and relevant Department Head with due regard for the wishes of the Management Group employee and particular regard for the needs of public services.
No paid holiday that falls during the Management Group employee’s scheduled vacation time may be charged against the employee as Composite Leave or Vacation Leave.
Payment for Vacation and Composite Leave on Separation. Any employee who separates from City employment shall be paid for all unused vacation leave and Composite Leave then on the books, if any, at the time of separation. Payment shall be made at the employee’s then current rate of pay.
• BEREAVEMENT LEAVE: Not more than 40 hours of paid leave each fiscal year may be taken in case of an employee’s immediate family member’s death. The immediate family shall consist of the spouse, children, parents, and parents of spouse, brothers, sisters, grandparent, grandchild, state-registered domestic partners, guardians, wards or other individuals whose relationship to the employee is that of a dependent or near dependent.
• ADMINISTRATIVE LEAVE: Upon the commencement of each fiscal year, Exempt Management Employees shall be credited with 10 days (80 hours) of administrative leave which must be used prior to the end of the fiscal year (i.e., no carryover of administrative leave to the following year). Exempt Employees may not accrue more than 10 days (80 hours) of Administrative Leave. Administrative Leave has no cash value and no employee is entitled to payment of any unused/accumulated Administrative Leave upon separation from City employment. Non-exempt employees that have a hire date prior to July 1, 2023, shall retain the ability to receive a credit of 10 days (80 hours) of administrative leave per fiscal year as outlined above. Non-exempt employees with a hire date after July 1, 2023, shall not be entitled to Administrative Leave.
• LEAVE OF ABSENCE WITHOUT PAY: The City Manager may, at his or her discretion, grant a Management Group employee leave of absence without pay or seniority loss for not to exceed three months. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval will be in writing. Upon expiration of an approved leave or within 14 calendar days after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report 12 promptly at its expiration or within 14 calendar days after notice to return to duty shall be cause for discharge.
The City Council may, upon the recommendation of the City Manager, grant additional leave of absence without pay beyond the three month period. • JURY LEAVE: Every Management Group employee of the City who is called or required to serve as a trial juror shall be entitled to absent himself/herself from his/her duties with the City during the period of such service or while necessarily being present in court as a result of such call. Such absence will not result in any loss of pay.
12. OVERTIME COMPENSATION
• GRANT FUNDED: If the employees are eligible to receive overtime compensation (including Holiday OT at 2.5 times regular rate) while working on a grant funded project on a cost neutral basis to the City, then this overtime shall be allowed to be earned by the employees, regardless of their exempt status, on a pass-thru basis.
In no case shall an employee lose his/her exempt status or be allowed to receive overtime in which there is a financial impact on the City. • EMERGENCY: Only in the event of a reimbursable declared local, county, state, or federal emergency will an employee covered under this agreement be granted overtime compensation for any overtime hours worked or assigned as part of the emergency effort. The overtime compensation must be eligible for reimbursement and cost neutral to the City.
• POLICE EXECUTIVE ASSISTANT (NON-EXEMPT) OVERTIME AND PREMIUM COMPENSATION:
• Defined. Overtime is that time worked as authorized and directed by management, which exceeds forty (40) hours in a work week or eight (8) hours in a work day.
Employees who are authorized to work an alternate work schedule, and have agreed to do so in writing, such as 4 (four) 10 (ten) hour days, or other weekly combination equal to a 40-hour work week, shall be paid overtime after exceeding the hours set forth in their written alternate work week schedule. Accrued Time Off (ATO) leave time shall count as hours worked for the purposes of calculating overtime.
• Work Week. The FLSA work week is a seven-day period as established by the City (currently Saturday through Friday). Such work week may be changed by the City according to the provisions of the Fair Labor Standards Act (FLSA). • Payment for Overtime Worked. The City shall compensate an employee at the rate of one and one-half (1 1/2) times his/her regular rate of pay (or hours worked) for all overtime hours worked. Hours considered overtime worked on a Holiday shall be paid at 2.5 times regular rate of pay.
13 • Advance Approval for Overtime. An employee may not work overtime without prior approval from his/her supervisor. An employee may be disciplined for working overtime without approval in advance.
• Accrued Time Off (ATO) In Lieu of Pay. Upon request of the employee and with management approval, Accrued Time Off (ATO) may be accumulated in lieu of premium pay for overtime worked. The total of pay and/or ATO shall not exceed the equivalent of one and one-half (1 1/2) times the hours worked in an authorized overtime status. No more than eighty (80) forty-eight (48) hours of ATO may be held in the employee's "ATO Bank" at any one time. However, in cases of emergency (as determined by the City), the City Manager may authorize a higher limit (not to exceed 240 hours) for the ATO Bank.
• Accrued Time Off. An employee may deplete any previously earned ATO by requesting such time off in advance. Such request shall be granted unless it would cause an undue hardship to the City as determined by management. • No Pyramiding. There shall be no pyramiding or duplication of overtime benefits for the same hours worked.
13. PERS PAYMENT
• Each employee shall pay the employee’s PERS member contribution on a pre-tax basis through a mandatory payroll deduction.
14. RETIREMENT PLAN
• Effective January 1, 2013 PERS “Miscellaneous” employees defined by PEPRA as “new members” shall pay 50% of the total normal costs for the new “Miscellaneous” pension formula 2% @ 62, with a 3-year final compensation period. “Safety” employees (Police) defined by PEPRA as “new members” shall pay 50% of the total normal cost for the new “Safety” pension formula 2.7% @ 57, with a 3-year final compensation period. • “Classic Miscellaneous members,” defined as those employees hired prior to January 1, 2013, will retain the 2% @ 55 Miscellaneous PERS formula, with a 7% member contribution, with a 1 – year final compensation period. • “Classic Safety (Police Tier II) members,” defined as those employees (hired between May 17, 2011 and December 31, 2012) will retain the 3% @ 55 Safety PERS formula with a 9% member contribution, with a 1-year final compensation period. “Classic Safety (Police) members,” hired prior to May 17, 2011, will retain the 3% @ 50 Safety PERS formula, with a 9% member contribution, with a 1-year final compensation period.
• Employee member contributions shall be on a pre-tax basis pursuant to Section 414(h)(2) of the Internal Revenue Code.
• The PEPRA defines a “new member” as:
14 (a) A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California public retirement system.
(b) A new hire who is brought into the CalPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system.
(c) A member who first establish CalPERS membership prior to January 1, 2013, and who is rehired by a different CalPERS employer after a break in service of greater than six months.
15. DISCIPLINARY ACTIONS
• Level of Conduct. City employees are expected to maintain a high-level of personal and professional conduct. Failure to perform one's duties satisfactorily, to respect the rights of the public and fellow employees, or to conform to the City's rules and regulations may result in disciplinary action up to and including termination. • Types of Discipline. Recognizing the purpose of disciplinary action is to correct errant behavior where feasible; the following shall be considered the various types and levels of discipline, which may be taken against an employee for cause:
• Non-severe Disciplinary Actions:
Oral Warning
Written Warning
• Severe Disciplinary Actions:
Short Suspension Without Pay (less than six days)
Long Suspension Without Pay (six to 30 days)
Demotion
Discharge
Salary Step Rate Reduction
• Appropriate Disciplinary Actions. Nothing within this Resolution shall require the City to progress through each of the levels of discipline shown above; it is recognized that certain violations warrant more severe disciplinary action even on first offense. • Pre-Disciplinary Notice. When City management determines that an employee has committed a violation for which severe disciplinary action is appropriate, the following procedure shall be followed:
• The employee will be given a written notice of the proposed disciplinary action stating the reasons upon which the action is based,
15 • The employee will be given a copy of or access to any materials upon which the charges are based,
• The employee will be given reasonable time to review the charges, materials and prepare his/her response, and
• The employee will be given a date and time to make his/her oral response to the City Manager or his designee and/or provide a written response to the charges. • After considering the employee's response or lack thereof to the charges, the City Manager (or designee) shall amend, withdraw or institute the proposed disciplinary action. • Employees are entitled to a Skelly hearing before any severe disciplinary action is imposed (disciplinary action which involves loss of pay because of suspension, demotion or discharge of an employee who has successfully completed their initial probationary period). The employee will notify the City within 10 days of receiving notice of intent if they will exercise their right to the Skelly hearing. The employee has the right to representation at this hearing. The employee may elect to respond orally, in writing or both. The City and employee/representative may maintain a summary of the hearing; no verbatim/stenographic recording without mutual consent. • The Skelly hearing officer may be a member of City management or an outside neutral party who is not involved in the investigation or discipline recommendation. After considering the employees’ response, if any, to the charges, the Skelly Officer will provide a written recommendation to Chief of Police within 10 business days following the conference. The Skelly Officer may recommend that the discipline be sustained, reduced, or withdrawn, but cannot issue a final order.
• A final notice must be issued to the employee within 15 days of receiving the Skelly Officer’s recommendation. The final notice must include the specific disciplinary action imposed, the grounds for the action, supporting facts, the effective date of the discipline, and the employee's appeal rights along with the filing deadline. • Appeal Deadline: 5 business days from receipt of Final Notice. • Sworn officers (post-probation): appeal to Hearing Officer per § 16 and Gov. Code § 3304(b).
• Non-sworn (post-probation): appeal per § 16.
• Probationary employees: no appeal right, but discipline cannot be imposed for any reason prohibited by law.
• POBRA Savings Clause. None of the provisions within Sections 20.03.04 through
20.03.06 shall limit, waive, or supersede any rights afforded to sworn peace officers under the Peace Officers Bill of Rights Act (POBRA), as specified in Government Code 16 Sections 3300 et seq. In cases of conflict between this Memorandum of Understanding (MOU) and POBRA as applicable to sworn officers, POBRA will take precedence. • Appeals. Any disciplinary action, which involves a loss of pay because of suspension, demotion, or discharge of an employee who has successfully completed their initial probationary period, may be appealed. Less severe disciplinary actions as set forth in section 16 shall not be appealable.
16. RULES OF APPEAL
• Right of Appeal. Any employee covered by this MOU who has successfully completed their initial probationary period shall have the right to appeal any appealable disciplinary actions as set forth in Section 16 Severe Disciplinary Actions and Appeals to a Hearing Officer.
• Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the City Manager or his designated representative, within five (5) city business days of the imposition of the appealable disciplinary action. The written request must state the reasons for appealing the disciplinary action taken. The appeal shall be a written statement addressed to the City Manager, explaining the matter appealed from and setting forth therein a statement of the action desired by the appellant, with the reasons therefore.
The formality of a legal pleading is not required.
• Notice and time, place and date of Hearing. The City Manager within (5) city business days shall appoint an individual not currently connected with the city or employee groups to hear the appeal. The Hearing Officer shall coordinate with the City Manager to set a time, date and place for a hearing which shall be not less than five (5) days following appointment nor more than twenty (20) city business days following the filing of the appeal. The City Manager shall notice all interested parties of the time, date and place of the hearing.
• Hearings. The appellant shall appear personally unless physically unable to do so, before the Hearing Officer and the time, date and place of the hearing. Any person or attorney may represent the appellant as they may select and may at the hearing produce on their behalf relevant oral or documentary evidence. The appellant shall state their case first and, at the conclusion, opposition matters may then be presented. Rebuttal matter, which is not repetitive, may be allowed at the discretion of the Hearing Officer. Crossexamination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Hearing Officer, with due regard to the rights and privileges of the parties appearing. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings shall be closed unless the appellant, in writing, requests an open hearing.
17 • Findings and Recommendations. The Hearing Officer within ten (10) city business days after conclusion of the hearing shall submit his findings and recommendations to the City Manager. The recommendations of the Hearing Officer are advisory only and may be accepted, rejected or modified by the City Manager.
• Action by the City Manager. The City Manager shall within ten (10) city business days following receipt of the report of the Hearing Officer shall render his determination on the recommendations in writing and deliver or mail them to the appellant.
17. GRIEVANCE PROCEDURES
• Purpose of Rule:
(a) To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. (b) To afford employees individually or through qualified employee organizations a systematic means of obtaining further considerations of problems after every reasonable effort has failed to resolve them through discussion.
(c) To provide that grievances shall be settled as near as possible to the point of origin. (d) To provide that appeals shall be conducted as informally as possible. • Matters Subject to Grievance Procedure. Any employee in the competitive service shall have the right to appeal, under this Rule, a decision affecting his/her employment over which his/her appointing power has partial or complete jurisdiction and for which appeal is not provided by other laws, regulations or is not prohibited. • Informal Grievance Procedure. An employee who has a problem or complaint should first try to get it settled through discussion with his/her immediate supervisor without undue delay. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor's immediate supervisor, if any, in the administrative service. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal appeal in writing within ten (10) calendar days after receiving the informal decision of his/her immediate superior. An informal appeal shall not be taken above the appointing power.
• Formal Grievance Procedure:
18 (a) First Level of Review. The appeal shall be presented in writing to the employee's immediate supervisor, who shall render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the appeal. If the employee does not agree with his/her supervisor's decision, or if no answer has been received within fifteen (15) calendar days, the employee may present the appeal in writing to his/her department head. Failure of the employee to take further action within ten (10) calendar days after receipt of the written decision of his supervisor, or within a total of twenty-five (25) calendar days if no decision is rendered, will constitute a dropping of the appeal.
(b) Department Review. The department head receiving the appeal should discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The department head shall render this decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the appeal. If the employee does not agree with the decision reached or if no answer has been received within fifteen (15) calendar days, he/she may present the appeal in writing to the appointing power. Failure of the employee to take further action within ten (10) calendar days after receipt of the decision, or within a total of twenty-five (25) calendar days if no decision is rendered, will constitute a dropping of the appeal. (c) Appointing Power. The appointing power receiving the appeal of his/her designated representative should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The appointing power may designate a fact-finding committee, officer not in the normal line of supervision, or Personnel Board to advise him/her concerning the appeal. The appointing power shall render a decision in writing to the employee within twenty (20) calendar days after receiving the appeal. • Conduct of Grievance Procedures:
(a) The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.
(b) The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review. (c) The employee and his/her representative may be privileged to use a reasonable amount of work time as determined by the appropriate department head in conferring about and presenting the appeal.
(d) Employees shall be assured freedom from reprisal for using the grievance procedure.
18. UNIFORM ALLOWANCE
• Amount. Sworn Police Officers required to wear uniforms shall receive a uniform allowance of $38.46 per bi-weekly pay period ($1,000 annually). Civilian employees required to wear uniforms shall receive a uniform allowance of$19.23 per bi-weekly pay period ($500 annually).
19 This Agreement was approved by the Red Bluff City Council on: _________________ Red Bluff Police Mid-Management Association (RBPMMA):
__________________________________________ _______________ President Date
City of Red Bluff:
__________________________________________ _______________ City Manager Date
Appendix A
Captain
COLA
Comp
Study
Incentive
Swap
Incentive
Loss
Total 3 year Total
Year 1 3.0% 8.3% 8.0% -5.0% 14.3%
Year 2 4.0% 8.2% 0.0% 0.0% 12.2%
Year 3 4.0% 0.0% 0.0% 0.0% 4.0% 30.5%
Lieutenant
Year 1 3.0% 3.2% 8.0% -5.0% 9.2%
Year 2 4.0% 3.2% 0.0% 0.0% 7.2%
Year 3 4.0% 0.0% 0.0% 0.0% 4.0% 20.4%
Records/Comm Mgr./Exec
Asst.
Year 1 3.0% 0.0% 3.0% 0.0% 6.0%
Year 2 4.0% 0.0% 0.0% 0.0% 4.0%
Year 3 4.0% 0.0% 0.0% 0.0% 4.0% 14.0%