HomeMy WebLinkAbout1995-082
Resolution No. 95-82
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
AND EMPLOYEES IN THE POLICE SAFETY EMPLOYEES' BARGAINING UNIT OF THE
CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO POLICE
OFFICERS' ASSOCIATION (SBPOA).
WHEREAS the designated representatives of the Mayor and Common Council met and
conferred in good faith with representatives of San Bernardino Police Officers' Association
(SBPOA) representing the unit of Police Safety employees of the City of San Bernardino, in
accordance with the provisions of Government Code Sections 3500-3510, to agree upon a new
Memorandum of Understanding (MOU);
WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a copy of
which is attached hereto and incorporated herein) effective January I, 1995 through December
31, 1998.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours
and working conditions for employees in the Police Safety employees' bargaining unit of the
City of San Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a regular
meeting thereof, held on
the 20th
day of March
, 1995, by the following vote to wit:
/III
/III
-
/. :-
1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
2 AND EMPLOYEES IN THE POLICE SAFETY EMPLOYEES' BARGAINING UNIT OF THE
3 CITY OF SAN BERNARDINO REPRESENTED BY SBPOA.
4
COUNCILMEMBERS AYES NAYS ABSENT ABSTAIN
5
6 NEGRETE x
7 CURLIN x
8 HERNANDEZ x
9 OBERHELMAN x
10
DEVLIN x --- ----
11
POPE-LUDLAM x
12
13 MILLER x
14 G~ (!.e"'-r'ti
City erk
15
16
17
18
19
20
The foregoing resolution is hereby approved this, 7 ;' /./ day of March
1995.
---- - '. ) //.. "
/C7JI..,/ /LC"l
Torn Minor, Mayor
City of San Bernardino
21 Approved as to
form and legal content:
22
23 JAMES F. PENMAN
City AJforney
. 1
24 . I) ,
By:j.-":?'r,j, 7. jf;Jt,h<.<.,
25 kDA:POLICEoSAFETy.MOUoRESO
26 1I2{)/95 dmm
27
28
2
t!5- 'i?2
January 1, 1995 to
December 31, 1998
POLICE
SAFETY
EMPLOYEES'
MEMORANDUM
OF
UNDERSTANDING
CITY OF
SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF PERSONNEL
TABLE OF CONTENTS
Article/Section Title Em
Resolution No. Implementing a Memorandum of Understanding 1
ARTICLE I ADMINISTRATION
Section 1 DefInition of Terms 3
Section 2 Management Rights 4
Section 3 Mutual Aid 5
Section 4 Agency Personnel Rules 5
Section 5 Employees' Rights 5
ARTICLE IT EMPLOYER-EMPLOYEE RELA nONS
Section 1 Recognition 6
Section 2 No Strike 6
Section 3 Payroll Deductions 6
Section 4 Grievance Procedure 7
Section 5 Employee Representatives 9
Section 6 Investigation Rights 10
Section 7 Non-Discrimination 12
Section 8 Personnel Files 12
Section 9 Political Activity 13
Section 10 Polygraph Activity 13
Section 11 Financial Disclosure 13
Section 12 Locker Search 13
Section 13 Use of City Resources 13
Section 14 Employer-Employee Relations Committee 14
ARTICLE ill COMPENSATION
Section 1 Salaries 15
Section 2 PERS 15
Section 3 Overtime 16
Section 4 Assignment to Higher Position 17
Section 5 On Call/CaII-BacklStandby 17
Section 6 Educational Incentive 18
Section 7 Court Fines 18
Section 8 Bilingual Pay 19
ARTICLE IV FRINGE BENEFITS
Section 1 Hea1thlLife Insurance 19
Section 2 Wellness Programs 20
Section 3 Rain Gear/Utility Uniforms 20
Section 4 Books and Tuition Allowance 21
i
Article/Section Title ~
Section 5 Deferred Compensation 21
Section 6 Safety Equipment 21
Section 7 Replacing/Repairing Personal Property 22
Section 8 Service Pins 22
ARTICLE V LEAVES
Section I Vacations 23
Section 2 Holidays 24
Section 3 Sick Leave 25
Section 4 Payment for Unused Sick Leave 27
Section 5 Injury Leave 27
Section 6 Leave of Absence Without Pay 28
Section 7 Military Leave 29
ARTICLE VI WORKING CONDmONS
Section I Work Schedules 30
Section 2 Shift Change 31
Section 3 Probationary Period 32
Section 4 Seniority 32
Section 5 Re- Employment 32
Section 6 Physical Examinations 32
ARTICLE vn GENERAL PROVISIONS
Section I Waiver Clause 32
Section 2 Severability 33
Section 3 Printing of Memorandum of Understanding 33
Section 4 Term of Memorandum of Understanding 33
Section 5 Notice of Intent to Reopen 33
Section 6 Prevailing Benefits 33
Signature Page 34
Exhibit I Department Director Letter (DDL) No. 48, "Educational
Reimbursement Processing"
Index
ii
"
. ,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 95-82
RESOLUTION OF THE CITY OF SAN Bffi{NJ\RD1NU IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN T,ij~_CITY OFSANBERNARDINO
AND EMPLOYEES IN THE POLICE SAFETY EMPL~w:ms~llARdAiNING UNIT OF THE
CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO POLICE
OFFICERS' ASSOCIATION (SBPOA).
WHEREAS the designated representatives of the Mayor and Common Council met and
conferred in good faith with representatives of San Bernardino Police Officers' Association
(SBPOA) representing the unit of Police Safety employees of the City of San Bernardino, in
accordance with the provisions of Government Code Sections 3500-3510, to agree upon a new
Memorandum of Understanding (MOU);
WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a copy of
which is attached hereto and incorporated herein) effective January I, 1995 through December
31, 1998.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours
and working conditions for employees in the Police Safety employees' bargaining unit of the
City of San Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a regular
meeting thereof, held on
the 20th. day of March
, 1995, by the following vote to wit:
1/1/
1/1/
1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BElWEEN THE CITY OF SAN BERNARDINO
2 AND EMPLOYEES IN THE POLICE SAFETY EMPLOYEES' BARGAINING UNIT OF THE
3 CITY OF SAN BERNARDINO REPRESENTED BY SBPOA.
4
5 COUNCILMEMBERS
6
7
8
9
AYES
NAYS
ABSENT ABSTAIN
NEGRETE
x
CURLIN
x
HERNANDEZ
x
x
OBERHELMAN
10
11
12
DEVLIN
x
POPE-LUDLAM
x
13 MILLER
14
15
x
~~ &.-./ ti
City erk
16
17
18
19
20
The foregoing resolution is hereby approved this .//-,,-1 day of March
1995.
--/~~C~'1r
.
Tom Minor, Mayor
City of San Bernardino
21 Approved as to
form and legal content:
22
23
24
25
JAMES F. PENMAN
City A~orney
By: ,. "'n.!."
,
GE)4DA:POUCE.SAFETY .MOU.RESO
26 1120195 dmm
27
28
2
Administration:
Appointing
Authority:
Appropriate
!Init:.
Association:
Chief:
Qn:;.
Continuous Service:
De.partment:
Division:
Employee:
Employee
Oreanization:
Employer:
Gender:
ARTICLE I
ADMlNlSTRA TION
Section 1
Definition of Tenus
Any elected or appointed official of the City and any employee of
the City whose job classification is Management or Confidential
employee.
The Chief of the San Bernardino Police Department. In the
Chiersabsence, the Assistant Chief will be the appointing
authority .
Those positions recognized as belonging to the unit covered by
the terms of this MOD.
The San Bernardino Police Officers' Association (SBPOA).
The Chief of Police of the City of San Bernardino.
The City of San Bernardino.
Five-sixths (5/6) of the available compensable days within the 12-
month period immediately preceding the date of the employee's
return to service: 217 days for employees working 8-hour shifts
and 173 days for employees working lQ-hour shifts.
The San Bernardino Police Department.
Anyone of the major Divisions of the Department.
All Safety Personnel within the classifications in this appropriate
unit.
The San Bernardino Police Officers' Association (SBPOA).
Shall include the City of San Bernardino, and the City of San
Bernardino Police Department.
The masculine gender also includes the feminine.
3
Police Safety MOU
Mandatory and
Permissive:
"Shall" is mandatory, "may" is permissive.
Memorandum of
Understanding
(MOD):
Shall mean the contractual obligation between the City and the
employees of the Unit.
Singular and
Plural:
The singular also includes the plural.
Tense:
The present tense shall also include the past and future.
Workine Day:
Eight (8) hours, unless otherwise stated.
Section 2
Manal!ement Ril!hts
This Resolution shall not be deemed to limit or curtail the City in any way in the exercise
of the rights, powers, and authority which the City had prior to entering into this MOU, except
to the extent that the provisions of the MOU specifically curtail or limit such rights, powers and
authority. Furthermore, the City retains all rights, powers and authority under City Charter,
Ordinances, Resolutions, State and Federal law, and expressly and exclusively to: determine
the mission of its constituent departments, commissions, and boards; set standards of selection
for employment and promotion; direct its employees; establish and enforce dress and grooming
standards; maintain the efficiency of governmental operations; determine the methods, means,
numbers and kinds of personnel by which government operations are to be conducted; determine
the content and intent of job classifications; determine methods of financing; determine style
and/or types of City issued wearing apparel, equipment or technology to be used, provided that
no such measures which threaten the safety of employees shall be adopted; determine and
change the facilities, methods, technology, means, organizational structure, size and composition
of the work force and allocate and assign work by which the city operations are to be conducted,
provided, however, that no such measures which threaten the safety of employees shall be
adopted; determine and change the number of work locations, relocations and types of
operations, processes and materials to be used in carrying out all City functions including, but
not limited to, the right to contract for or subcontract any work or operations of the City; assign
work to and schedule employees in accordance with requirements as determined by the City, and
establish and change work schedules and assignments as set forth in the MOU; establish and
modify productivity and performance programs and standards; discharge, suspend, demote,
reprimand, withhold salary increases and benefits, except such as are mandated by City Charter,
or otherwise discipline employees in accordance with the applicable law; establish employee
performance standards including, but not limited to, quality and quantity standards; carry out
its mission in emergencies; and exercise complete control and discretion over its organization
and the technology of performing its work.
4
Police Safery MOU
Section 3
Mutual Aid
Nothing herein shall in any way be construed to limit the use of any public safety agency
or any member in the fulf1lling of mutual aid agreements with other jurisdictions or agencies,
nor shall this article be construed in any way to limit any jurisdictional or interagency
cooperation under any circumstances where such activity is indeed necessary or desirable by the
jurisdictions or the agencies involved.
Section 4
Al!ency Personnel Rules
It is understood and agreed that there exists within the City the "Civil Service Rules and
Regulations for the Classified Service"; Resolution No. 10584, Establishing Uniform and
Orderly Methods of Communications Between the City and its Employees for the Purpose of
Promoting Improved Employer-Employee Relations, as amended, and Resolution No. 10585,
Adopting Rules and Regulations Relating to Employer Employee Relations, as amended. These
documents will continue in effect, except for those provisions modified by the Common Council
in accordance with State or Federal Laws, orders, regulations, official instructions or policies.
In the case of proposed changes, by other than agreement, the City shall consult with the
Association, or meet and confer when required by statute. In cases of emergency, the
Association and City will meet as soon as possible after the changes.
Section 5
Emplovees' Riehts
Employees shall have all the rights which may be exercised in accordance with State
Law, Federal Law, the Charter, and applicable ordinances, resolutions, rules and regulations.
A. The right to form, join and participate in the activities of employee organizations
of their own choosing for the purpose of representation on all matters of employer-employee
relations.
B. The right to refuse to join or participate in the activities of employee organizations
and the right to represent themselves individually in their employment relations with the City.
C. The right to be free from interference, intimidation, restraint, coercion,
discrimination, or reprisal by other employees, employee organizations, management or
supervisors, as a result of their exercise of rights indicated in (A) and (B) above.
5
Police Safety MOU
ARTICLE II
EMPWYER-EMPWYEE RELATIONS
Section 1
Recoenition
Formal recognition of the Association is acknowledged for purposes of meeting and
conferring on wages, hours, working conditions, and other terms and conditions of employment
and of general representation of its members. The Association has been recognized formally as
the majority representative of the appropriate unit composed of Police Officers and other sworn,
non-management positions in the San Bernardino Police Department, including but not limited
to, the following classifications: Police Officer; Juvenile Officer; Corporal; Detective; Senior
Identification Inspector; and, Sergeant.
Section 2
No Strike
It is the purpose of the MOD for the parties hereto, to confirm and maintain the spirit
of cooperation which has heretofore existed between the City of San Bernardino and the
employee organization. It is recognized that any work disruptions are unproductive to City
operations and services provided its citizens. The Association and City hereby agree that they
shall at no time nor in any way jeopardize the public health, welfare and safety of the City's
business and residential communities. Thus, the Association and the City will strive to promote
a harmonious relationship between the parties to this MOD that will result in benefits to the City
and will provide continuous and uninterrupted employee services. It is, therefore, further agreed
that the Association shall not, on behalf of itself and its members, individually or collectively,
engage in any curtailment or restriction of work, including, but not limited to "blue flu" or
strikes, at any time during the term of this MOD.
Section 3
Payroll Deductions
It is agreed that the Association membership dues, insurance and premiums for plans
sponsored by the Association shall be deducted by the City from the pay warrant of each
employee covered hereby who files with the City a written authorization requesting that such
deduction be made. Remittance of the aggregate amount of all membership dues and insurance
premiums deducted from the pay warrants of employees covered hereby shall be made to the
Association within 30 days after the conclusion of the month in which said membership dues and
insurance premiums were deducted.
6
Police Safety MOU
t';. _ ~-,.
,/-", .
The City shall not be liable to the Association, employees, or any other persons by
reason of the requirements of this section for the remittance of any sum other than that
constituting actual deductions made from employee wages earned. The Association shall hold
the City harmless from any and all claims, demands, suits, orders, judgments or other forms of
liability that may arise out of or by reason of action taken by the City under this section.
Section 4
Grievance Procedure
A. PuIpOse: The City of San Bernardino and the Association realize the importance
of a viable Grievance Procedure to aid in the resolution of disputes among employees,
supervisors and management. It is recognized that, to maintain high employee morale and
harmonious relations, an orderly method of processing grievances is necessary.
This procedure is intended to establish a systematic means to process a grievance
and to obtain fair and proper answers and decisions regarding employee complaints. The
representative of employees and management at all levels will make continuing efforts to secure
prompt disposition of grievances. Every effort should be made to resolve grievances in the
informal process.
The initiation of a grievance in good faith by an employee shall not cast any
adverse reflection on his/her standing with hislher supervisors or his/her loyalty as a City
employee, not be a reflection on the employee's supervisor or the department involved, unless
it is determined that such department or supervisor has grossly abused management discretion
or the employee has grossly abused the grievance process.
B. Definition: A grievance is an alleged violation of the terms of this MOU or of
the laws, ordinances, resolutions or regulations concerning or affecting wages, hours or other
conditions of employment. The remedy selected by the employee shall be the exclusive remedy
pursued, either through the grievance procedure, or through appeals to the Civil Service Board.
Additionally, allegations of discrimination and harassment shall be submitted to
the Affirmative Action Officer.
C. Re,presentation: The aggrieved employee shall have the right to be represented.
This representation may commence at any step in the Grievance Procedure. Legal Counsel
and/or official representatives of the recognized employee organization only can represent the
employee. No person hearing a grievance need recognize more than one representative for any
employee at anyone time, unless he/she so desires. If the employee's Legal Counsel is not
from the formally recognized employee organization, a representative of that formally recognized
organization may attend the grievance hearing to insure that the solution reached does not violate
the terms of the MOU.
7
Police Safety MOU
~ '
"... ,',...
D. Consolidation of Grievances: In order to avoid the necessity of processing
numerous similar grievances at one time, a single grievance may be filed.
E. Time Limitations: Time limitations are established to settle a grievance quickly.
Time limits may be modified by agreement of the parties. If at any stage of the grievance
procedure the grievant is dissatisfied with the decision rendered, it shall be the grievant's
responsibility to initiate the action which submits the grievance to the next level of review. The
grievant may proceed to the next step if a reviewing official does not respond within the time
limits specified. A formal grievance may be entertained in or advanced to any step if the parties
jointly so agree.
F. Steps in the Grievance Procedure: The procedures outlined herein constitute the
informal and formal steps necessary to resolve an employee's grievance. An attempt to settle
the grievance in the informal structure at the employee-supervisor level is required. The
grievance must be submitted to the Informal Step within ten (10) working days of the incident
causing the grievance, or of the grievant's knowledge of the incident's occurrence.
*Note: If the employee chooses to appeal disciplinary action to the Civil Service
Board, he/she shall be precluded from filing a grievance.
The date and the subject of the incident should be provided with the request for
the informal meeting.
1. Informal: Initially, the grieving employee shall, on a personal face-to-face
basis, discuss his/her complaint with hislher immediate supervisor informally. Within ten (10)
working days, the supervisor shall give his/her decision to the employee orally.
2. Formal:
Ste.p I. Written Grievance to Supervisor: If a mutually acceptable solution
has not been reached in the informal process, the employee shall submit the grievance in writing
to his/her immediate supervisor. This must be accomplished within ten (10) working days of
being informed of the supervisor's informal decision. Within ten (10) working days of receiving
the written notification of the employee's grievance, the supervisor may meet with the employee
and thoroughly discuss the grievance. The employee may appear personally and may be
represented by a representative of his/her choice. In any event, the supervisor shall give a
written decision to the employee within ten (10) working days after receipt of the written
grievance.
Ste.p 2. Meet with Division Head: If the grievance has not been
satisfactorily resolved at this level, it may be appealed within ten (10) working days to the
Division Head who may follow the steps outlined in Step I above. In any event, the Division
Head shall give a written decision to the employee within ten (10) working days after receipt of
the grievance.
8
Police Safety MOU
...~ f ,r
Step 3. Meet with Chief: If the grievance has not been satisfactorily
resolved at this level, it may be appealed within ten (10) working days to the Chief, who may
follow the steps outlined in Step 2 above. In any event, the Chief shall give a written decision
to the employee within ten (10) working days after receipt of the grievance. If the grievance
has not been satisfactorily resolved at this level, it may be appealed within ten (10) working days
to the Director of Personnel.
Step 4. Review by the Director of Personnel: If the grievance is still not
adjusted, the aggrieved party may file a written appeal with the Director of Personnel within ten
(10) working days from the date of delivery of said answer. The Director of Personnel, or
hislher designee, shall meet with the employee, and, if the employee desires, the designated
Union representative within ten (10) working days after receipt of the appeal. The designated
City representative shall deliver hislher answer, in writing, to the employee within the ten (10)
working days after the meeting.
Step 5. Final Step:
a. If the grievance is still not adjusted, the aggrieved party may file
a written appeal with the City Administrator or hislher designated representative within ten (10)
working days from the date of delivery of said answer. State in writing the complaint and the
desired result.
b. The City Administrator or his/her designated representative shall
deliver hislher answer, in writing, within the ten (10) working days after receipt of the appeal.
c. The decision of the City Administrator or his/her designated
representative is final and binding on all parties, unless reversed by a court decision.
d. All grievances shall be treated as confidential and no publicity will
be given the final resolution of the grievances.
Section 5
Emolovee Representatives
When requested by an employee, a Job Representative (Job Rep) may investigate any
alleged grievance in the department, and assist in its presentation. The representative shall be
allowed reasonable time therefor during working hours without loss of time or pay, upon
notification and approval of hislher immediate supervisor with the concurrence of the division
or department head. The privilege of a Job Rep to leave their work during work hours without
loss of time or pay is subject to the understanding that the time will be devoted to the proper
handling of grievances and will not be abused. Such time shall be excluded in any computation
of overtime. Job Reps will perform their regularly assigned work at all times, except when
necessary to leave their work to handle grievances as provided herein. A Job Rep will not be
9
Police Safety MOU
,'"
-' .
granted time off, or compensation, for the purpose of handling grievances outside this unit. The
Association shall notify the City of the names of each Job Rep, each January. A ratio of one
(I) Job Rep for every 50 permanent employees in the Unit, but not less than five (5), shall be
recognized by the City. Job Reps shall include: one (1) from Detective Bureau; three (3) from
Patrol; one (1) from MET/Traffic; and, one (1) from Narcotics.
Section 6
Investi2ation Ri2hts
When any employee is under investigation and subjected to interrogation by his/her
commanding officer, or any other member of the department, which could lead to punitive
action, such interrogation shall be conducted under the following conditions. For the purpose
of this chapter, punitive action is defined as any action which may lead to dismissal, demotion,
suspension, reduction in salary, written reprimand or transfer for purposes of punishment.
The Police Department will make a good faith effort to conclude, within 90 calendar
days, any investigation that could lead to discipline of a unit member.
If the Civil Service Board determines that Disciplinary Evidentiary Appeals should be
heard by a third party neutral, the City and the Association will support that procedure.
The Police Department will exclude disciplinary action which is not final, in preparing
performance evaluations. However, the Police Department retains the right to consider such
disciplinary action, once finalized, in subsequent performance evaluations, ratings for promotions
and so forth.
If an employee on the graveyard shift wishes to appeal a disciplinary action to the Civil
Service Board, the employee's shift may be rescheduled to the day shift, on the date of the Civil
Service Board meeting, provided that the shift change is for the disciplined employee only, and
the employee requests the shift change in advance through the chain of command.
A. The interrogation shall be conducted at a reasonable hour, preferably at a time
when the public safety officer is on duty or during the normal waking hours for the employee
unless the seriousness of the investigation requires otherwise. If such interrogation does occur
during off-duty time of the employee being interrogated, the employee shall be compensated for
such off-duty time in accordance with regular department procedures, and the employee shall
not be disciplined for any work missed.
B. The employee under investigation shall be informed prior to such interrogation of
the name, rank and command of the officer in charge of the interrogation, the interrogating
officers and all other persons to be present during the interrogation. All questions directed to
the employee under interrogation shall be asked by and through no more than two interrogators
at one time.
10
Police Safety MOU
"
C. The employee under investigation shall be informed of the nature of the
investigation prior to the interrogation.
D. The interrogating session shall be for a reasonable period, taking into
consideration the gravity and complexity of the issue being investigated. The person under
interrogation shall be allowed to attend to his own personal physical necessities.
E. The employee under interrogation shall not be subjected to offensive language or
threatened with punitive action, except that an officer refusing to respond to questions or submit
to interrogations shall be informed that failure to answer questions directly related to the
investigation or interrogation may result in punitive action. No promise of reward shall be made
as an inducement to answering any questions. The employer shall not cause the employee under
interrogation to be subjected to visits by the press or media without his express consent nor shall
his home address or photograph be given to the press or news media without his express
consent. .
F. The complete interrogation of an employee may be recorded. If a tape recording
is made of the interrogation, the employee shall have access to the tape if any further
proceedings are contemplated or prior to any further interrogation at a subsequent time. The
employee shall be entitled to a transcribed copy of any notes made by a stenographer or to any
reports or complaints made by investigators to other persons, except those which are deemed by
the investigating agency to be confidential. No notices or reports which are deemed to be
confidential may be entered in the officer's personnel file. The employee being interrogated
shall have the right to bring his own recording device and record any and all aspects of the
interrogation.
G. If prior to or during the interrogation of an employee it is deemed that he may be
charged with a criminal offense, he shall be immediately informed of his constitutional rights.
H. Upon the filing of a formal written statement of charges, or whenever an
interrogation focuses on matters which are likely to result in punitive action against any
employee, that employee, at his request, shall have the right to be represented by a
representative of his choice who may be present at all times during such interrogation. The
representative shall not be a person subject to the same investigation.
This section shall not apply to any interrogation of an employee in the normal
course of duty, counseling, instruction or informal verbal admonishment by or other routine or
unplanned contact with a supervisor or any other public safety officer, nor shall this section
apply to an investigation concerned solely and directly with alleged criminal activities.
1. No employee shall be loaned or temporarily reassigned to a location or duty
assignment if a sworn member of his department would not normally be sent to that location or
would not normally be given that duty assignment under similar circumstances.
11
Police Safety MOU
'I'"'
Lawful Exercise of Rights: Insubordination: Administrative Appeal:
A. No employee shall be subjected to punitive action, or denied promotion or be
threatened with any such treatment, because of the lawful exercise of the rights granted herein
or the exercise of any rights under any existing administrative grievance procedure.
Nothing in this section shall preclude a head of an agency from ordering an
employee to cooperate with other agencies involved in criminal investigations. If an officer fails
to comply with such an order, the agency may officially charge him with insubordination.
B. No punitive action, nor denial of promotion on grounds other than merit, shall be
undertaken by any public agency without providing the employee with an opportunity for
administrative appeal.
Section 7
Non-Discrimination
The provisions of this agreement shall be applied equally by the City and the Police
Association, to all employees covered hereby without favor or discrimination because of race,
sex, age, national origin, marital status, sexual orientation, political or religious opinions or
affi1iations or Association membership. Further, there shall be no discrimination against
qualified individuals with disabilities, as defined in the Americans with Disabilities Act (ADA)
of 1990, when those individuals do not pose a risk to the health or safety of themselves or
others.
Section 8
Personnel FIles
No member shall have any comment adverse to hislher interest entered in his/her
personnel file, as described in PC 832.8, or any other file used for any personnel purposes by
the employer, without the member having first read and signed the instrument containing the
adverse comment indicating he/she is aware of such comment, except that such entry may be
made if, after reading such instrument, the member refuses to sign it. Should a member refuse
to sign, that fact shall be noted on the document, and signed or initialed by such officer.
A member shall have 30 days within which to file a written response to any adverse
comment entered in his/her personnel file. Such written response shall be attached to, and
accompany, the adverse comment.
12
Police Safety MOU
,(/ .
Section 9
Political Activities
Except as otherwise provided by law, or whenever on duty or in uniform, no employee
shaH be prohibited from engaging, or be coerced or required to engage in, political activity.
Section 10
PolvlmlDh Examination
No member shall be compeHed to submit to a polygraph examination against his/her will.
No disciplinary action or other recrimination shall be taken against a member refusing to submit
to a polygraph examination, nor shall any comment be entered anywhere in the investigator's
notes or anywhere else that the member refused to take a polygraph examination, nor shall any
testimony or evidence be admissible at a subsequent hearing, trial or proceeding, judicial or
administrative, to the effect that the member refused to take a polygraph examination.
Section 11
Financial Disclosure
No member shall be required or requested for purposes of job assignment or other
personnel action to disclose any item of his/her property, income, assets, source of income,
debts, or personal or domestic expenditures (including those of any member of his/her family
or household) unless such information is obtained or required under a state law or proper legal
procedure, tends to indicate a conflict of interest with respect to the performance of his/her
official duties, or is necessary for the employing agency to ascertain the desirability of assigning
the member to a specialized unit in which there is a strong possibility that bribes or other
improper inducements may be offered.
Section 12
Locker Search
No member shall have his/her locker, or other space for storage that may be assigned
to hirnlher, searched except in the member's presence, or with his/her consent, or unless a valid
search warrant has been obtained or where the member has been notified that a search will be
conducted. This section shall apply only to lockers or other space for storage that are owned
or leased by the City.
13
Police Safety MOU
Section 13
Use of Citv Resources
The Association may be granted permission to use department facilities for the purpose
of meeting with employees to conduct its internal affairs provided space for such meetings can
be made available without interfering with City needs. Permission to use facilities must be
obtained by the Association from the Chief or a designated representative. The Association shall
be held fully responsible for any damages to and the security of any facility that is used by the
Association.
The department will furnish adequate bulletin board space where currently available.
Only areas designated by the appointing authority may be used for posting of notices. Bulletin
boards may be used for the following notices:
A. Scheduled Association meetings, agenda and minutes;
B. Information on Association elections and results;
C. Information regarding Association special, recreational and related bulletins;
D. Reports of official business of the Association including reports of committees or
the Board of Directors;
E. MOD, pay scales, job announcements, promotion lists, etc.;
F. Such other items as may be approved by the department management upon request
of the Association.
Posted notices shall not be obscene or defamatory, nor shall they advocate election or
defeat of candidates for public office. All notices to be posted may be dated and signed by an
authorized representative of the Association and should have the prior written approval of the
Chief or an authorized representative. Denial of approval shall not be arbitrary or capricious
or discriminatory.
Section 14
Employer-Emplovee Relations Committee
Consistent with Section 5, the Association will designate five (5) representatives who will
meet with representatives of Police Administration on a mutually agreeable basis to discuss
matters pertinent to the welfare of the City and the employees. The Association may have
additional representatives present when appropriate for the discussion of scheduled matters.
Normally, such meetings shall be during regular working hours.
14
Police Safety MOU
/1
ARTICLE ill
COMPENSATION
Section 1
Salaries
A. During the term of this MOU the monthly salaries of local safety members of the
San Bernardino Police Department shall be fixed annually effective August 1st, in accordance
with the City Charter, Article X, Section 186, as follows:
At the amount equal to the arithmetic average of the monthly salaries, paid or approved
for payment to local safety members of like or most nearly comparable positions of ten (10)
California cities with populations of between 100,000 and 250,000 as shown in the latest Annual
Report of Financial Transactions of California Cities published by the State Controller.
B. The ten (10) cities used for fixing the monthly salaries shall be those ten (10) cities
remaining from an original and complete list of all California cities in the 100,000 to 250,000
population range based on the latest Annual Report of Financial Transactions of California
Cities, published by the State Controller, after representatives of the City and the appropriate
recognized employee organization have alternately struck the names of cities from the list one
at a time until the names of ten (10) cities remain. The representatives to strike the first name
from the list shall be determined by lot.
C. In the event one or more of the ten (10) cities does not have one or more of the
comparable position classifications, the monthly salary for the particular classification shall be
computed as the arithmetic average of the next highest and next lowest comparable position
classification of that City.
D. The salaries paid in Step "A. shall be the same as the arithmetic average of the
starting salaries of the comparable positions in the ten cities and the salaries paid in comparable
positions in the ten cities. The salaries paid in steps "B," "C" and "D" shall be fixed at amounts
which will cause the local safety members in the San Bernardino Police Department to advance
from the starting steps to the maximum pay steps in approximately equal salary advances.
E. New employees shall be hired at the . A. step of the established base salary range.
Variable entrance steps may be established if justified by prior service or lateral transfer.
Section 2
PERS-Retirement Plan
A. The City will continue to participate in an employees' retirement plan for
members, by contract with the California Public Employees' Retirement System (PERS), under
the current "2 % at age 50. formula.
IS
Police Safety MOU
,. ,;
B. The City will continue to contract with PERS to provide the "highest 12 month"
retirement formula.
C. The City will increase its payment of the members' contribution to PERS credited
to the employee's account as a fringe benefit, from eight percent (8%) to nine percent (9%),
effective January 1, 1995.
O. The City will contract with PERS to additionally provide the Post-Survivors'
Retirement Benefit, as of January 1, 1998, upon approval by the Mayor and Common Council
and by PERS. Said approval relates to procedural resolutions required by PERS for
implementation.
Section 3
Overtime
A. Policy: It is the policy of the City to discourage overtime except when
necessitated by abnormal or unanticipated work-load situations. The City has the right to require
overtime to be worked as necessary. Consistent with this policy, the Chief will make every
effort to assign overtime evenly among the employees with similar skills or assignments.
B. Definition: Overtime is defined as all compensable hours in excess of the
regularly scheduled work day, or 40 hours per week. All overtime shall be reported in
increments of 15 minutes and is non-accumulative and non-payable when incurred in units of less
than 15 minutes.
C. Compensation: An employee who works overtime authorized by the department
shall be compensated at time-and-a-half. Payment for overtime shall be made on the first
regular payday following the pay period in which overtime is worked, unless overtime
compensation cannot be computed until some later date, in which case overtime will be paid on
the next regular payday after such computation can be made. The employee may decide that
he/she be paid for the overtime or accumulate such overtime at time-and-a-half. Payment for
unused accumulated overtime shall be made upon termination, retirement or paid to the survivor
upon death of the employee. Such determination must be made at the time the employee submits
the overtime slip. Accumulated overtime shall not exceed 480 hours. If an employee reaches
480 hours, he/she must accept pay for any overtime exceeding that maximum. The maximum
accumulated overtime shall be increased to 480 hours. All compensatory time hours will be paid
off or used before an officer is promoted to a management position. This will be effective the
first pay period following Council approval of the MOU.
D. Daylight Savings Time: Employees required to work during daylight savings time
when their shift is extended by one (1) hour (clocks are turned back one (1) hour) will not be
compensated for that hour.
16
Police Safety MOU
Employees required to work when their shift is reduced by one (1) hour (clocks
are turned forward one (1) hour) will not be deducted one (1) hour of compensation time.
If employees are required to work beyond their standard end of shift, employees
will be compensated at their normal overtime rate.
Section 4
Assienment to Hieber Position
An employee of the department temporarily acting in a position in a higher rank during
periods of absence of the incumbent or during a vacancy in the position for more than ten
consecutive working days, shall receive the same salary for the higher rank to which he/she
would be entitled, were he/she promoted to that rank during the period in which the employee
is acting in the higher rank. The Chief shall certify monthly as to the assignment and the period
of time worked in the higher rank to validate entitlement to the higher salary.
This article does not apply to a situation in which there is no vacant higher level position
for which funds have been appropriated. Substantive addition of duties of a higher level
classification to an employee's budgeted position should be considered for a classification study.
Section S
On Call1Call-BacklStandby
A. On-CalIlCall-Back: An employee placed in an 'on-call" status by Police
management will receive four (4) hours pay for all or any portion of a 24-hour day. On-call
status shall start at the end of the employee's scheduled work day and at 0800 hours for
employees on a scheduled day off.
Four (4) personnel will be placed in an on-call status for the purpose of homicide
investigations. These personnel, consisting of three (3) investigators and one (1) supervisor, will
be compensated with one (1) hour of overtime, equal to time and a half (1-112) of their current
rate of pay. Periods of time for on-call status will be established by the Department, to coincide
with the needs of the investigations division.
For all unit members (other than homicide investigation personnel noted above),
compensation for those called back after the end of their scheduled work day will be a one (1)
hour minimum at time and a half (1-1/2), as applicable.
Whether or not the time an employee is on-call need be counted as compensable
working time depends upon the employee's freedom while on-call, as defined by the Fair Labor
Standards Act (FLSA).
17
Police Safety MOU
B. Standby: In the event an employee is placed on standby for a court subpoena, the
employee will receive three (3) hours' standby pay. If the employee is called to court and does
not go beyond 1200 hours in that day, it will be considered part of the three (3) hours' standby.
If the employee has to appear after the noon recess, any additional time will be added to the
three (3) hours' standby. In cases where the subpoena is for 1330 hours, or another time, the
standby will start with the time stated on the subpoena. In those cases where the subpoena is
for 1330 or later, the employee's time will be computed at the amount of time between the time
of the subpoena and 1700. Employees will receive a half-hour (112) travel time for going to
court.
If an employee works graveyard shift and has an 8:00 AM court appearance, the
employee will receive overtime pay for a minimum of one (1) hour. For all hours worked in
excess of the one (1) hour, employees will receive overtime pay for actual time worked.
In the event the employee is required to pay parking fees, the employee will be
reimbursed. If employees are required to stay through noon recess, they will be paid for the
actual time worked.
Section 6
Educational Incentive
All police officers shall be entitled to receive, in addition to their regular salary and as
may be appropriate, one of the levels of incentive payment as outlined below:
A. One hundred dollars ($100) additional compensation per month shall be paid each
police officer who has obtained a POST Intermediate Certificate; or,
B. One hundred fifty dollars ($150) additional base pay compensation per month shall
be paid each police officer who has obtained a Peace Officer Standards Training (pOST)
Advanced Certificate; or,
C. One hundred seventy-five dollars ($175) additional compensation per month shall
be paid to each police officer who has obtained a POST Supervisory Certificate.
Section 7
Court Fines
The City shall pay for court fines imposed upon each member as a result of his/her
conviction of a traffic violation when such employee was directed to operate any faulty vehicle
or vehicular equipment which was the proximate cause of the mechanical or other traffic
violation, provided that such violation did not result from improper or negligent operation of the
vehicle on the part of the member.
18
Police Safety MOU
,.,'
Section 8
BiliDlmal Pav
Each full-time employee who meets the City's certification and eligibility requirements
shall be compensated at the rate of $50/month. The City shall reserve the right to determine
languages for which testing will be conducted.
ARTICLE IV
FRINGE BENEFITS
Section 1
Healtb/Life Insurance
A. The City shall contribute monies toward health premiums for the employee plus
one dependent, at the rate equivalent to the Kaiser South premium. In addition, the City will
provide payment at the rate of the Mission Dental (Denticare) High Option plan, or its
equivalent, for the employee and one dependent. The City's contribution will change to equal
the cost in the Kaiser South premium and the Mission Dental (Denticare) High Option plan or
its equivalent during the term of the MOU.
The City shall contribute the rate equivalent to the Kaiser South premium for
employee only and the Mission Dental (Oenticare) High Option plan or its equivalent for
Employee Only, for employees with no dependents.
The effective date for health insurance open enrollment transactions is currently
August 1st of each year. This date is established by the Public Employees' Retirement System
(pERS) and is subject to change. As of the 1995 effective date for health insurance open
enrollment transactions, the City will contribute an additional $50/month toward health premiums
for unit employees, over and above the total of the Kaiser South premium and Mission Dental
High Option plan premium.
As of the 1996 effective date for health insurance open enrollment transactions,
the City will contribute an $loo/month ($50/month more than in 1995) toward health premiums
for unit employees, over and above the total of the Kaiser South premium and the Mission
Dental High Option plan premium.
Any contribution not utilized by the employee shall revert to the City.
B. Insurance benefits available for purchase by employees include: medical, dental,
vision, life, and accidental death and dismemberment insurance.
19
Police Safety MOU
C. An employee must purchase insurance offered through the City in order to utilize
the contributions described in Section A.
D. Included in the contribution described in Section A, the City shall contribute a
maximum of $16 per employee to be used exclusively for the purchase of medical insurance
benefits.
E. Employees may use any of the amounts described in Section A to purchase any/all
of the insurance benefits described in Section B.
F. Cafeteria monies may be redesignated or a change of plans may be made in
accordance with the rules established by the insurance plan selected by the employee.
G. The City shall provide each employee with $5,000 term life insurance.
H. The City shall pay funeral expenses of up to $10,000 for a police officer killed
in the line of duty.
I. Enrollment in City insurance plans is subject to the regulations established by each
plan's provider.
Section 2
WeUness Proframs
Each member of the bargaining unit is eligible to participate in a City-sponsored program
of quarterly cholesterol checks and dietary counseling. Up to ten (10) members of the
bargaining unit may participate one time in a Stop Smoking Program at up to $2oo/person, with
incentives for up to ten (10) smokers who quit for 6 months & 12 months. (6 months - one shift
off with pay; 12 months - another shift off with pay)
Section 3
Rain GearlUtilitv UnifonnsIUnifonn Allowance
A. Rain Gear: The City shall continue its current method to provide appropriate duty
rain gear for personnel.
B. Utility Uniforms: Each employee of the bargaining unit shall be furnished onetutility uniform. Said uniform shall be maintained in assigned lockers or in the vehicle, available
for use at all times.
20
Police Safety MOU
C. Uniform Allowance: Once each fiscal year, each employee in the bargaining unit
shall receive an annual uniform allowance of $500, to be paid in a lump sum amount during the
first pay period of March.
New employees must wait until the first pay period of March to receive their
annual uniform allowance.
Section 4
Books and Tuition Allowance
The City will continue, under its formalized procedures, to pay tuition costs for members
who complete prior-approved, job-related courses of instruction which will increase their value
to the City. Grades must be consistent with the City's Affirmative Action Policy. Courses must
be taken at an accredited school. The amount of reimbursement shall be the equivalent of tuition
costs for up to six (6) units per quarter as charged by the California State University, San
Bernardino, or up to one-and-a-half (1-1/2) times that amount, if based on a semester system.
The Director of Personnel will recommend approval or disapproval, based on the availability of
budgeted funds for tuition assistance. Reimbursement for books required for the approved
course or courses may be authorized provided such books are tendered to the Chief at the time
reimbursement for tuition is requested. See Exhibit 1 - Department Director Letter (DOL) No.
48, "Educational Reimbursement Processing."
Section S
Deferred Compensation
The City shall continue to sponsor a deferred Compensation Plan which shall be available
to employees on a voluntary basis. Unspent "cafeteria" contributions may not be diverted into
a deferred compensation or like plan.
Section 6
Safety Eouipment
A. New employees who are required to have safety equipment, will be furnished
same on a one-time basis including safety equipment hardware, leather and safety vests.
B. The City shall furnish regularly-assigned motorcycle officers the following items
as initial issue: (1) safety helmet; (1) pair boots; (2) pair of riding breeches, which are declared
to be necessary for the safety of the officer as specified under Labor Code Section 6401 and
Government Code Section 5008.1
21
Police Safety MOU
C. Replacements will be issued upon return of worn-out items. It shall be the duty
of each employee to use normal diligence in their use and any willful damage or loss shall
obligate the employee to replace the item at his/her expense. Upon reassignment or separation
from the department, these items shall be returned to the City.
The City Director of Finance shall have direct control over the purchase, issue and
replacement of the above described items. The Chief shall certify, in writing, to the Director
of Finance as to an individual's entitlement.
Section 7
Replacinl!/Repairine Personal Property
The City shall continue to provide for the cost of replacing or repairing personal
property, of an employee, which is lost or damaged in the performance of duty, as provided in
Department Director Letter (DDL) No. 33, dated April 17, 1989, and revised September 21,
1992.
Section 8
Service Pins
Employees of the City of San Bernardino shall be awarded service pins upon completion
of each of the following period of years of continuous loyal service:
5 Years
10 Years
15 Years
20 Years
25 Years & Over
Years of service shall be deemed to include all continuous loyal employment for the City
of San Bernardino.
Award of service pins for the above designated service shall be made as soon as may be
practicable after the employee has completed the required period of employment.
Service pins shall be of such design as approved by the Mayor and Common Council of
the City of San Bernardino and shall show the number of years of service for which the award
is made and the City seal of the City of San Bernardino.
22
Police Safety MOU
ARTICLE V
LEA VES
Section 1
Vacations
A. All employees within the bargaining unit covered by this MOU shall be entitled
to annual paid vacations as follows, effective January 1, 1995:
Completed Years of
Continuous Service*
Rate of Accrual
Per Pay Period
Equivalent Hours
Per Year
1 year**
5 years
15 years
20 years
3.33 hours
5.0 bours
6.667 hours
8.33 hours
80 hours
120 hours
160 hours
200 hours
*Service year begins on initial date of employment in a full-time, regular status.
**No vacation granted or accrued, if service is less than one year.
B. When an employee resigns or otherwise leaves the service of the City and has not
used his earned vacation since his last anniversary date, payment shall be made to the employee
for the earned portion of his vacation.
Calculation of payment for earned vacation, or deduction for unearned vacation
upon termination, shall be made in accordance with the wage rate in effect on the final day of
employment.
C. When an employee returns to work after a break in "continuous service," and
when such break in continuous service shall have been by leave of absence with the approval
of the Mayor and Common Council, vacation time shall not accrue during such break in
continuous service but shall accrue monthly from the date of return to service from such
approved leave of absence, based upon the total length of service of the employee.
D. Whenever the terms "year or years of employment" appear herein, it shall be
deemed to include all services for the City of San Bernardino.
E. Vacation leave may be taken any time during the year in which it is accrued.
However, if an employee leaves City service prior to the completion of the year in which he/she
used such leave, a deduction will be made from such employee's final paycheck for the unearned
portion of such vacation.
F. Vacation credits may accrue and accumulate for a maximum of two (2) years total
accumulated vacation credits on a carry over basis from year to year. Vacations or portions
23
Police Safety MOU
thereof from anyone year so accrued may run consecutively with vacations or portions thereof
of the next succeeding year, subject to the approval of the Chief.
G. Compensation for vacation, other than for earned vacation at the time of
termination of employment, shall be limited to the amount normally earned during regularly
assigned working time.
H. Employees shall not be permitted to work in their City position in lieu of taking
vacations in order to receive additional compensation from the City.
I. Once per year, members of the bargaining unit will be granted the option of
selling up to one-iluarter (114) of their vacation and holidays to the City. The Police Chief will
approve or disapprove a member's request for sell-back. An eligible employee shall notify the
City by August 1st of hislher request for sell-back, for the prior fiscal year ending June 30th.
Section 2
Holidavs
A. Employees shall be entitled to 10 City-designated holidays, the equivalent of 80
holiday hours each year, as listed below:
New Year's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day (November 11)
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Additionally, employees shall be entitled to eight (8) hours of Floating Holidays,
between January 1st and December 31st each year. Effective January 1st, unit employees will
receive the eight (8) hours in a holiday account. Only unit employees who have satisfactorily
served in the employ of the City continuously for at least six (6) months shall be eligible to take
Floating Holidays.
B. The Chief shall consider any request of any employee as to preference for taking
floating holidays, provided however, the final right to allot the day to be observed is exclusively
reserved to the Chief.
24
Police Safety MOU
C. All full-time employees, with the exception of those employees shown in the
following paragraphs, shall be allowed the above holidays at full pay when such holidays occur
within the regular assigned working period, provided they are in a paid status during any portion
of the working day immediately preceding or succeeding the holiday. If it becomes necessary
for employees to work on any of the City-designated holidays, eight (8) hours shall be placed
into their holiday account.
O. In the event of the employees failure to take such holiday account hours during
the term of this MOU, the employee shall be paid for his/her holiday account balance, upon
separation from the City.
E. Holidays as listed above shall be allowed on Monday, if any such holiday falls
on Sunday, and shall be allowed on the preceding Friday, if any such holiday falls on Saturday,
for all employees except those covered by other provisions herein. If the Christmas and New
Year holidays occur on Mondays, these holidays and the holidays eves will be observed on
Mondays and Tuesdays.
F. Holidays earned in any 12-month period are not accumulative beyond the total
number of holidays allowed each year.
Section 3
Sick Leave
A. Sick leave means absence from duty of an officer or employee because of illness
or injury, exposure to contagious disease, attendance upon a member of his immediate family
who is seriously ill or requires the care or attendance of an officer or employee, or death in the
immediate family of the officer or employee. Immediate family means: husband; wife;
grandmother; grandfather; mother; father; sister; brother; son; daughter; mother-in-law; father-
in-law; sister-in-law; brother-in-law; son-in-law; or, daughter-in-law.
B. Not more than 40 hours of sick leave within any calendar year may be granted
to an officer or employee for the care of or attendance upon members of his immediate family.
Not more than 40 hours of sick leave may be granted to an officer or employee for each absence
due to death of a member of his immediate family as defined above.
C. No absence due to illness or injury in excess of 40 hours shall be approved except
after the presentation of satisfactory evidence of illness or injury; and a certificate from a
practicing physician or an authorized practicing chiropractor approved by the Mayor and
Common Council may be required by the Chief and shall be subject to his approval concerning
said absence. The Mayor and Common Council shall have the power to require that any person
claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals
by the County health officer or other designated physician, and in the event of an adverse report,
to reject such claim for sick leave, in whole or in part, and to terminate sick leave
2S
Police Safety MOU
compensation. In the event of the refusal of any person to submit to such examination after
notification, the Mayor and Common Council may terminate sick leave compensation and reject
any claim therefor. The Mayor and Common Council shall have the right to require the
presentation of a certificate from a practicing physician or the County health officer stating that
an officer or employee is physically or psychologically able to perform his work and duties
satisfactorily before permitting an officer or employee who has been on sick leave to return to
work.
D. In order to receive compensation while absent on sick leave, the employee shall
notify his immediate superior or the station commander prior to the time set for beginning his
daily duties, or as may be specified by the Chief. When the absence is for more than one work
day, the employee may be required to file a physician's certificate or a personal affidavit with
the Director of Personnel stating the cause of the absence.
E. Sick leave with pay shall be granted to all regular employees. Sick leave shall
not be considered as a right which an employee may use at his discretion, but shall be allowed
only in case of necessity and actual personal sickness or disability, except as otherwise provided
herein.
F. Whenever an employee is compensated hereunder for sick leave and has not had
a vacation at the end of the current calendar year, he shall be allowed to take his vacation in the
calendar year he returns to duty.
G. Whenever the term "service of City" appears herein, it shall be deemed to include
all service of the City of San Bernardino.
H. All full-time officers and employees of the City who are actively on duty, have
been in the service of said City for six (6) months or more continuously, and who are compelled
to be absent from their work on account of illness or injury, other than that which is
compensable under Article V, Section 5, Injury Leave, of this MOU shall receive their full
salary, wages, or compensation for a period of one (1) day for each month of continuous
service; provided that such salary, wages, or compensation shall cease upon the exhaustion of
all accumulated sick leave.
I. Sick leave may be accumulated without limit and time off with pay for sick leave
shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave
shall not accumulate during periods of leave of absence without pay.
J. The 48 hours of sick leave granted after six (6) calendar months of continuous
service as herein provided for all full-time employees shall be computed at the rate of
approximately 4.0 hours per pay period. In the event that an employee works less than 50% of
the total normal work hours in the pay period, he shall receive no sick leave benefit for such pay
period and shall not be credited with the 4.0 hours of sick leave.
26
Police Safety MOU
:,"-,',/- .~
K. Approved vacation, sick leave, holiday or compensatory time off shall be
considered as time worked for the purpose of computing sick leave benefits only.
Section 4
Payment for Unused Sick Leave
A. All permanent employees or the estate of any such deceased employee who dies
during employment shall be entitled to receive payment for unused sick leave, subject to the
restrictions and conditions as set forth below.
B. Employees or the estate of any such deceased employee who dies during
employment, after the completion of five (5) years of continuous full-time employment with the
City, upon retirement, death or termination of employment, except through dismissal or
resignation with prejudice, shall receive compensation of 50% of accumulated, unused sick
leave, provided that in no event shall such compensation exceed 480 bours of such leave.
C. For the purpose of this section, the "retirement" shall have the meaning ascribed
to it and the definition therefore as set forth in Section 20035 of the Government Code.
O. Each fiscal year, an employee may elect to receive payment in lieu of accrued sick
leave, provided such employee has used 32 hours or less of sick leave during the fiscal year
ending June 30th.
An eligible employee shall notify the City by August 1st of his/her desire to
receive such payment. The City shall compensate eligible employees no later than December
1st.
An employee receiving such pay shall receive, at the then current salary rate, pay
for one-fourth (114) of the number of hours of sick leave accrued, less those hours used for the
fiscal year period. The employee's accrued sick leave shall be reduced by the number of sick
leave hours for which pay is provided.
Section S
Jniurv Leave
Employees will have a choice of doctor and hospital on work related injury, in
accordance with existing State Labor Code.
The parties understand that Association may submit the issue of the applicability of
California Government Code Section 45010 as it pertains to City Resolution No. 6433, Section
6, for determination by way of an action for declaratory judgment to be filed in the San
Bernardino County Superior Court. The City does not waive its defense that this issue has been
27
Police Safety MOU
/: ..~
decided in favor of the City by a binding decision of the Court of Appeal, nor does the City
hereunder agree to pay any costs or expenses of the litigation.
When injury is sustained in the course and scope of employment with the City, said
employee shall be compensated under the provisions of the Workers' Compensation Insurance
and Safety Act of California and not under the provisions of the MOU; provided that he/she
shall be reimbursed pursuant to the provisions of California Labor Code Section 4850 during the
first 365 days of disability, provided further that these payments may be terminated pursuant to
the provisions of California Government Code Section 21023.6.
Employees who are receiving payments under Labor Code Section 4850 shall accrue
vacation, sick leave and holiday credits during such absence from duty. When employees are
off duty on injury leave and have not had a vacation at the end of the current year, they shall
be allowed to take this vacation in the calendar year they return to duty.
Section 6
Leave of Absence Witbout Pav
A. Leave of absence without pay is a temporary non-pay status and absence from
duty granted at the request of the employee. Leave of absence without pay may be granted by
the Mayor and Common Council for a period not to exceed six (6) months, upon the positive
recommendation of the Chief and the City Administrator. Under justifiable conditions, said
leave may be extended by the Mayor and Common Council for additional periods. A leave of
absence without pay will be considered favorably if it is to be expected that the employee will
return to duty and that at least one of the following benefits will result: increased job ability,
protection or improvement of the employee's health, retention of a desirable employee, or
furtherance of a program in the interest to the City. Examples or conditions for which a leave
of absence without pay may be granted are:
1.
2.
perform his duties.
3.
4.
For an employee who is a disabled veteran requiring medical treatment.
For an employee who is temporarily mentally or physically unable to
For an employee who files for or assumes elected office.
For maternity or paternity leave, upon the recommendation of the attending
physician.
5. For military leave when the employee has less than one (1) year of service
to qualify for leave with pay.
An approved leave of absence without pay for less than 60 days in any calendar
year will not be considered a break in service. Leave in excess of 60 days shall result in the
advancement of the employee's anniversary date and compensation advancement date to such
date as will account for the total period of uncompensated time off. Failure to return to duty
at the expiration of the approved leave of absence without pay shall constitute an automatic
28
Police Safety MOU
;-~; j'-
resignation.
B. The City's contribution towards an employee's health and life insurance premiums
will not be extended beyond the last day of the month in which the absence without pay begins
if the leave of absence without pay becomes effective during the first 15 days of the month nor
beyond the last day of the next succeeding month if the leave of absence without pay becomes
effective after the 15th day of the month, unless the employee is returned to work from leave
of absence without pay status prior to the date the City's contribution would be discontinued.
In the event the employee desires to maintain full health and life insurance coverage while on
leave of absence without pay status, he may arrange to pay the insurance premiums for the
coverage desired (both the employee and the employer portions). It is the responsibility of the
employee to contact the payroll section in this regard. The payment of the amount of the
premiums must be made to the payroll section prior to the date on which the City's participation
will terminate. Payments must be made monthly thereafter until the employee either returns to
work or his employment with the City is terminated.
C. Upon an employee's return to work, the City's contribution towards the
employee's health and life insurance premiums will begin on the first day of the month following
the end of the leave of absence without pay if that leave of absence without pay terminates
between the 1st and 15th days of the month, or on the 1st day of the next succeeding month if
the leave of absence without pay terminates after the 15th day of the month.
O. Notwithstanding any other provision of this section to the contrary, the City will
continue its contribution for health and life insurance premiums of an employee on leave of
absence due to any injury or illness arising out of and in the course of his or her employment
with the City.
E. In circumstances in which either the Federal Family Leave Act or the State
Medical and Family Leave Act apply, the City shall adhere to the requirements of the Acts.
Section 7
Militarv Leave
A. An employee who shall enter the Armed forces of the United States during war
or national emergency, as declared by the President or the Congress of the United States, shall
be entitled to a leave of absence without pay during such service and for a period of 90 days
thereafter. Every such employee and/or officer returning to the City within the time herein
specified, and who has been honorably discharged from such service shall be reinstated without
loss of status or seniority, provided they are not physically or mentally incapacitated from
performing the duties of said office or position.
29
Police Safety MOU
<i/- -,. I
~ ",.
B. Compensation of employees on temporary military leave of absence is found in
Military & Veterans Code Section 395.01 which currently provides in part as follows:
"Any public employee who is on temporary military leave of absence and
who has been in the service of the public agency from which the leave is
taken for a period of not less than one year immediately prior to the day
on which the absence begins shall be entitled to receive his salary or
compensation as such public employee for the first 30 calendar days of
any such absence. Pay for such purposes shall not exceed 30 days in any
one fiscal year. For the purposes of this section, in determining the one
year of public agency service, all service of said public employee in the
recognized military service shall be counted as public agency service."
C. All persons appointed to fill such position during war or such national emergency,
shall be temporary appointees only.
O. In the event of circumstances which require reserve "call-up," the City will meet
and confer with the POA over the impact of the call-up on unit members.
ARTICLE VI
WORKING CONDmONS
Section 1
Work Scbedules
The standard work day represents the tour of duty for which an employee is regularly
scheduled for work during a 24-hour period commencing from the start of the employee's
assigned shift. A regularly scheduled tour of duty which commences before midnight and ends
the following day shall be reported for payroll purposes as time worked for the day in which the
tour of duty began.
Work schedules shall be as defmed herein, except as otherwise provided for:
A. 5/40 Work Schedule: The 5/40 work schedule shall consist of a 4Q-hour work
week consisting of five (5), eight (8) hour work days, exclusive of any meal periods assigned
by management
B. 9/80 Work Schedule: The 9/80 work schedule shall consist of 80 work hours in
a two (2) week period, consisting of eight (8), nine (9) hour work days and one (I), eight (8)
hour work day, exclusive of any meal periods assigned by management.
30
Police Safety MOU
C. 4/10 Work Schedule: The 4/10 work schedule shall consist of a 40-hour work
week consisting of four (4), ten (10) hour work days, exclusive of any meal periods assigned
by management.
Since the four-day, ten hours per day plan (4/10) has been a successful method
of operation in the Patrol Division, it shall continue, with exceptions of special details within
that Division.
O. Work Schedule Adjustment: It is recognized that, during the term of this
agreement, it may be necessary for Management to make changes in the work schedule to meet
the needs of the service, based on the results of a management audit and/or other circumstances
that may arise. Any shift schedule changes are subject to the meet and confer process. Except
for emergencies or in case of special needs where Management finds it necessary to make such
changes, it shall notify the Association indicating the proposed change prior to its
implementation. Where such change would significantly affect the working conditions of a
significantly large number of employees in the Unit and where the Association request to meet
with Management, the parties shall expeditiously undertake to consult, as provided by Section
3500 et. seq. of the California Government Code regarding the impact the change would have
on the employees in the Unit.
E. Lunch Hours: Only officers in Patrol will be allowed to take paid meal breaks.
Section 2
Sbift Chan2e
Subject to authorization of the Chief, Assistant Chief, Captain, Area Commander or
Station Commander, employees in the Unit should be allowed to exchange time with other
employees of equal rank on the following basis:
A. Time exchanged shall be with equal rank and be agreeable with both parties and
shall be requested in a memo signed by both employees.
B. The time exchange requested shall be initiated with the immediate supervisor of
the employee requesting the exchange.
C.
workday.
Time exchanged may be by one standard workday or by a half (112) standard
O. Time exchanged shall be repaid by one standard workday or by a half (112)
standard workday, within a seven (7)-day period.
E. Since this is done for the convenience of the employee, in no case shall a shift
exchange or repayment of a shift excbange be considered in computation of overtime.
31
Police Safety MOU
;/'" .. ~
.- .-'
Section 3
Probationary Period
The probationary period for positions in this Unit shall be 12 months from the date of
hire.
Section 4
Senioritv
Seniority is herein defined to be an employee's length of service, with no break in
service, within the Police Department and/or classification in which the employee is presently
assigned. The department may consider seniority in vacation scheduling, shift assignments and
transfers within classification.
Section S
Re-Emplovrnent
An employee who has terminated City employment, and who is subsequently rehired in
the same classification in a regular position within a 9O-day period, may receive restoration of
salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall
accrue as of the date of rehire.
Section 6
Phvsical Examinations
The City shall pay medical fees for the physical examination of any police officer when
such examination is required and directed by the City.
ARTICLE vn
GENERAL PROVISIONS
Section 1
Waiver Clause
The City and the Association for the life of the MOU, each agrees that the other shall
not be obligated to meet and confer with respect to any subject or matter referred to or covered
in this MOU.
32
Police Safety MOU
Section 2
Severability
If any provision of this MOU is held by the proper legislative or judicial authority to be
unlawful, unenforceable, unconstitutional, or not in accordance with applicable statutes or not
applicable to Charter cities, all other provisions of the MOU shall remain in full force and effect
for the duration of this MOU. If there is any conflict between the provisions of this MOU and
the provisions of federal, state or local government regulations, the provisions of the federal,
state or local government regulations shall be controlling. Upon the issuance of a decision
declaring any article, section or portion of this MOU to be unlawful, unenforceable,
unconstitutional or not applicable to Charter cities, the parties agree to meet and confer
immediately concerning only those articles, sections and portions.
Section 3
J>rintine of Memorandum of Understandine
The City and the Association will share the cost of printing of the MOU.
Section 4
Tenn of Memorandum of Understandirtl!
This MOU will be in effect for the period commencing January 1, 1995, and ending
December 31, 1998.
Section S
Notice of Intent to Reooen
The parties agree that, if either party desires to propose changes in the terms or
conditions of this MOU for the period following expiration of this MOU, notice shall be given
to the other not later than the last working day of July 1998, that such discussions are desired.
Such notice shall request a meeting to begin negotiations and establish ground rules which shall
include, at a minimum, the date beyond which no further proposals may be submitted by either
party .
Section 6
Prevailine Benefits
All benefits, privileges, and working conditions authorized for the employees at the
present time, which are not included in this MOU shall remain in full force during the term of
this MOU unless changed by mutual consent.
33
Police Safety MOU
,~
POLICE SAFETY EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
1995-1998
)
hzAh/J/7 j ))////)J'I/'
City's Designated Representative
- ~4~.a~~~,
President
San Bernard~olice Officers' Association
L ""2.
ZJZ1LJJ
dd
d:, /}i7---
'~.~;t/"~-,(
Mayor
City of San Bernardino
-'-I ~ rZ-).-(,7
ATTEST:
/i '
I ," , ,..", ~
'J\ OJ Iv. c \. k .Co.A
City\Clerk
kJ
Approved as to form and legal content:
,
"
t ' k,'Vl''''_
MOU:POLICE.SAFETY.MOU.I.F 4/12/95 dmm
34
Police Safety MOU
~J _ . _ "-
EXHIBIT 1
'\
,
CITY OF SAN BERNARDINO
DEPARTMENT DIRECTOR LETTER
Number ~REVISED
April 4, 1993
SUBJECT: Educational Reimbursement processinq
I. Puroose
The purpose of the Department Director Letter is to describe
guidelines for Educational Reimbursement processing.
II. Authoritv:
Memorandums of Understanding (MOU) for various bargaining
units.
III. Resoonsibilitv:
The Personnel Department is responsible for administering the
Educational Reimbursement Program.
IV. Procedures:
The city will reimburse city employees who successfully
complete jOb-related courses of instruction which will
~~~d:0ttr:alJr26.is~~osiriiiQi~i*if ..t.:....h.'~.P..........e.::.'......e.;............,f..,....f......~........g......:.........i.>f.........'....l.i......\..r.......f.....................t........~.............._~....^.........~..............n.......;........:.,.t..........'..'.'~..c.[).............%.-.e...,..>..~..l'.......^....e....~.;.~..\:..'"...~.:......,..O.'...e..~..,'.r...~I~i.t,i..
~~rJ~~I~ii~i~;:.;m;;~l~ij~{~~#;:~.} - -- ,. " .. .... ,,-'"
Payment amounts are governed by the applicable Memorandum of
Understanding (MOU). In general, the amount of reimbursement
shall be based,' on the California state University, San
Bernardino rates.
A. Applicant will complete section A and Section B, 1
through 4, of the Educational Reimbursement form and
submit it to their Department Head for approval.
B. If the form is approved as jOb-related, the Department
Head will forward the form to the Director of Personnel.
C. Upon approval by the Director of Personnel, the form will
be forwarded to the City Administrator, who will return
the form to the Director of personnel following signature
(section C).
The Personnel Department will file a copy and return the
approved form to the employee/student.
The employee/student will return the form to the
Personnel Department with school tuition receipts, proof
of grade(s), consistent with the city's Affirmative
Action Policy, and certificate(s) of completion.
D. Upon successful completion of the course(s), the
employee/student will attach tuition receipts(s), book(s)
receipts (if applicable) and proof of completion of the
course(s) to the original form and forward to the
Personnel Department through their Department Head.
All approved rel111burs8lllent forms .must be returned to
Personnel, if the employee/student does not complete the
course.
E. The Personnel Department staff will tabulate all monies
to be reimbursed to the employee and forward forms to the
Director of Personnel for approval.
F. The Director of Personnel will sign and forward the
Request for Payment, with attachments, to the Finance
Department.
References: Applicable MOU's
RECOMMEND BY: APPROVED BY:
&~/0uLoz}
Barbara Dillon
Director of Personnel
~~
city Administrator
PD: Educational Reimbursement
).
CITY OF SAN BERNARDINO
EDUCATIONAL REIMBURSEMENT fORM
(TUITION'" BOOKS)
ALL REQUESTS MUST BE APPROVED PRIOR TO REGISTERING fOR THE COURSE
,'.
r
A. I HEREBY REOUEST REIMBURSEMENT FOR THE COURSES LISTED BELOW, AND CERTIFY THAT I HAVE NOT APPLIED ...
FORlAND AM NOT PRESENTLY RECEIVINO AJjY OTHER FUNDS (GI BILL. GRAJjT. FELLOWSHIP. ETC.1 FOR THESE COURSES:
IDATEI
(NAMEI
IDEPARTMENn
lJOB TITLEI
I.
INAME OF EDUCATIONAL INSTITUTIONI
(BEGINNING DATE OF CLASSI
NUMBER OF UNln COST
OR CREDln TUITION BOOKS
COURSE TITLE
DESCRIPTION
I.
2.
3.
4.
.
.
_ I CERTIFY THAT THE ABOVE COURSES ARE JOB RELATED.
_ DISAPPROVED. COURSES ARE NOT JOB RELATED.
_nt No.
DEPARTMENT HEAD
DATE
C. THE ABOVE REOUEST IS:
APPROVED
DISAPPROVED
.
.. .uthorizld 'or ,elmbuntment.
PERSONNEL DIRECTOR
DATE
CITY ADMINISTRATOR
DATE
NOTE TO STUDENT: KEEP THIS FORM I
For rlimbu....ment.'tturn this completld form with school tuition receipts ,net cwtifk:at. of comqJetion (with. puII"'....1 to the
P__ Dlnctor.1IvautIh 'fOUl Deportment H.....
D.
I 110ft ..._ 1M _lf1c:otll of _plotlon .nd _Ify tho ."",Ioy.. .... ..._ully completad 1M ......hl of Instruction and II
ollglblo for ..Imbunomont. Ail antry ._dl,. thlo tnlnl,. willlHl ant.ad In the omcoIoy.... .......n.... file.
.
AMOUNT DUE
PERSONNEL DIRECTOR
DATI
I. APPROVED FOR PAYMENT
ACCOUNT NUMBER
DIRECTOR OF FINANCE
DATE
OISTRISUTION:
White; Employ.. luntll coono complotionl
YoIlow . ()epottment
Pint. personnel Director
;,
INDEX
Subject
~
Agency Personnel Rules .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Assignment to Higher Position ................................ 17
Bilingual Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Books and Tuition Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
Court Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
Deferred Compensation .................................... 21
Definition of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Educational Incentive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
EmI>I()Yele Ilepresentatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 9
Employees' Rights ....................................... 5
Employer-Employee Relations Committee ......................... 14
Financial Disclosure ...................................... 13
Grievance Procedure ...................................... 7
HealthlLife Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Injury Leave ........................................... 27
Investigation Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Leave of Absence Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Locker Search .......................................... 13
Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Mutual Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
No Strike ............................................. 6
Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Notice of Intent to Reopen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33
On Ca1IICall-Back/Standby .................................. 17
Overtime ............................................. 16
Payment for Unused Sick Leave ............................... 27
Payroll Deductions ....................................... 6
PERS ............................................... 15
Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Physical Examinations ..................................... 32
Political Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Polygraph Activity ....................................... 13
Prevailing Benefits ....................................... 33
Printing of Memorandum of Understanding ........................ 33
Probationary Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
Rain GearlUtility Uniforms .................................. 20
Re-Employment ......................................... 32
Police Safety MOU
Subiect ~
Recogmtion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Replacing/Repairing Personal Property ........................... 22
Safety Equipment ........................................ 21
Salaries .............................................. 15
Semonty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Service Pins ........................................... 22
Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Shift Change ........................................... 31
Sick Leave ............................................ 25
Term of Memorandum of Understanding . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Use of City Resources ..................................... 13
Vacations ............................................. 23
Waiver Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Wellness Programs ....................................... 20
Work Schedules .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Police Safety MOU