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'CITY OF SAN BERN~DINO - REQUEST lOR cauNCIL ACTION
From:
Gordon R. Johnson
Subject:
Resolution approving an MOU between
the City of San Bernardino and the
San Bernardino Police Officers Assoc-
iation and repealing resolution 89-74
Dept:
Personnel
Dati: August IS, 1989
Synopsis of Previous Council ection:
On March 13, 1989, the Council adopted resolution no. 89-74 approving
an agreement between the City and the Police Officers Association. f';ry
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Recommended motion:
Adopt resolution.
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Contact person: Gordon R. Johnson
Supporting data attached: Yes
Phone:
384-5161
Ward:
nla
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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'CITY OF SAN BERNClDINO - REQUEST lOR COUNCIL ACTION
STAFF REPORT
On November 30, 1988, the Police Officers' Association's MOU
with the City expired. On March 13, 1989, the Council
adopted resolution no. 89-74 summarizing an agreement to
modify the old MOU plus all relevant clauses from resolution
no. 6433.
staff has met with representatives of the Police Officers'
Association and completed a new MOU which incorporates the
MOU which expired on November 30, 1988, the changes listed in
resolution no. 89-74, and all relevant clauses from resolu-
tion no. 6433. The attached resolution adopts the new MOU and
repeals resolution no. 89-74.
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Resolution No.
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
AND THE SAN BERNARDINO POLICE OFFICERS' ASSOCIATION.
WHEREAS the designated representatives of the Mayor and
Common Council
and conferred in good faith
with
met
representatives of the
San Bernardino Police
Officers'
Association 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) effective December 1, 1988, through November 30,
1991.
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 bargaining unit of the City of
San Bernardino.
SECTION 2. RESOLUTION NO. 89-74 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1989, by the following vote
to wit:
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RE: RESOLUc:bN OF THE CITY OF SAN BE~DINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
AND THE SAN BERNARDINO POLICE OFFICERS' ASSOCIATION.
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
W.R. "Bob" Holcomb
12 Mayor of the City of San Bernardino
I3 Approved as to form
and legal content:
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ty Attorney
Police Officers ~
Memorandum of un~standing
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ARTICLE I
Section 1
Section 2
Section 3
Section 4
Section 5
ARTICLE II
section 1
section 2
section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
section 13
Section 14
ARTICLE III
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
ARTICLE IV
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
TABLE OF CONTENTS
!
ADMINISTRATION
Definition of Terms
Management Rights
Mutual Aid
Agency Personnel Rules
Employees' Rights
EMPLOYER-EMPLOYEE RELATIONS
Recognition
No Strike
Payroll Deductions
Grievance Procedure
Employee Representatives
Investigation Rights
Non-Discrimination
Personnel Files
Political Activity
Polygraph Examination
Financial Disclosure
Locker Search
Use of City Resources
Employer-Employee Relations Committee
COMPENSATION
Salaries
PERS
Overtime
Assignment to Higher Position
On call/Call-back/Stand-by
Educational Incentive
Court Fines
Jury Duty
FRINGE BENEFITS
Health/Life Insurance
Rain Gear/utility Uniforms
Books and Tuition Allowance
Deferred Compensation
Safety Equipment
Replacing/Repairing Personal Property
Service Pins
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Table of Contents
--San Bernardino Police Officers
ARTICLE V LEAVES 42
section 1 Vacations 42
Section 2 Holidays 46
Section 3 sick Leave 48
Section 4 Payment for Unused Sick Leave 52
Section 5 Injury Leave 53
Section 6 Leave of Absence Without Pay 54
Section 7 Mil i tary Leave 58
ARTICLE VI WORKING CONDITIONS 60
Section 1 Shift Schedules 60
Section 2 Shift Change 61
Section 3 Probationary Period 62
Section 4 Seniority 62
Section 5 Re-employment 63
Section 6 Physical Examinations 63
ARTICLE VII GENERAL PROVISIONS 64
Section 1 Waiver Clause 64
Section 2 Severability 64
Section 3 Printing of Memorandum of Understanding 65
Section 4 Term of Memorandum of Understanding 65
Section 5 Notice of Intent to Reopen 65
Section 6 Settlement Agreement 66
Section 7 Mutual Release 67
Section 8 Prevailing Benefits 68
Exhibit 1
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Administration
Appointing
Authoritv
Appropriate
unit
Association
Chief
City
continuous Service
Deoartment
Division
Emolovee
Employee
Oroanization
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ARTICLE I
ADMINISTRATION
section 1
Definition of Terms
Any elected or appointed official of
the city and any employee of the City
whose job classification is Management
or Confidential employee.
The Chief or Assistant Chief of the San
Bernardino Police Department.
Those positions recognized as belonging
to the unit covered by the terms of
this MOU.
The San Bernardino Police Officers
Association (SBPOA).
The Chief of Police of the City of San
Bernardino.
The City of San Bernardino.
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 10 hour
shifts.
The San Bernardino Police Department.
Anyone of the major Divisions of the
Department.
All Safety personnel within the class-
sifications in this appropriate unit.
The San Bernardino Police Officers'
Association (SBPOA).
Shall include the
dino, the Police
city of San Bernar-
Department, or any
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Management or Admin(:lrative repre-
sentative or Elected Official thereof.
Gender
The masculine gender also includes the
feminine.
Mandatory and
Permissive
"Shall" is mandatory, "May" is per-
missive.
Memorandum of
Understanding/
M.O.U.
Shall mean the
between the City
the unit.
contractual obligation
and the employees of
Singular and
Plural
The singular also includes the plural.
The present tense shall also include
the past and future.
Tense
Workinq Dav
8 hours unless otherwise stated.
Section 2
Manaqement Riqhts
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,
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MEMORANDUM OF UNrOTANDING
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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/or 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 sub-contract 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
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MEMORANDUM OF U~STANDING
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standards; carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the
technology of performing its work.
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
fulfilling 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
Aqencv 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. l0584, 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. These documents will continue in effect,
except for those provisions modified by the Common Council in
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MEMORANDUM OF U~STANDING
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accordance with State 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
EmDlovees' Riahts
Employees shall have all the rights which may be
exercised in accordance with State 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, intimida-
tion, restraint, coercion,
discrimination,
or
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MEMORANDUM OF UN~STANDING
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reprisal by other employees, employee organiza-
tions, management or supervisors, as a result of
their exercise of rights indicated in (a) and (b)
above.
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MEMORANDUM OF UNOSTANOING
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ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section 1
Recoanition
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, Detective, Senior
Identification Inspector and
Sergeant.
Section 2
No strike
It is the purpose of the MOU 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
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MEMORANDUM OF UN~STANDING
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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 MOU that will result in benefits to the City
and will provided 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 MOU.
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.
The City shall not be liable to the Association,
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MEMORANDUM OF UNdC)STANDING
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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. PURPOSE
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 pro-
cessing 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 contin-
uing efforts to secure prompt disposition of grievances.
Every effort should be made to resolve grievances in the
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MEMORANDUM OF UN~STANDING
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informal process.
The initiation of a grievance in good faith by an employee
shall not cast any adverse reflection on his/her standing
with his/her 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.
Appeals arising out of Civil Service examinations shall be
submitted directly to the civil Service Board. Allegations
of discrimination shall be submitted to the Affirmative
Action Officer.
C. REPRESENTATION
The aggrieved employee shall have the right to be repre-
sented. This representation may commence at any step in the
Grievance Procedure.
Legal Counsel and/or official repre-
sentatives 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
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MEMORANDUM OF UN~TANDING
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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 M.O.U.
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
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MEMORANDUM OF UN~TANDING
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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 10 working days
after the employee is aware of the conditions precipitating
the grievance.
1) Informal: Initially, the grieving employee shall, on a
personal face-tc-face basis, discuss his/her complaint
with hiS/her immediate supervisor informally. Within 5
working days, the supervisor shall give his/her decision
to the employee orally.
2) Formal: step 1. 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 10 working days of
being informed of the supervisor's informal decision.
within 5
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
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MEMORANDUM OF UN~STANDING
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any event, the supervisor shall give a written decision
to the employee within 5 working days after receipt of
the written grievance.
step 2.
Meet with Division Head
If the grievance has not been satisfactorily resolved at
this level, it may be appealed within 5 working days to
the Division Head who may follow the steps outlined in
Step 1 above.
In any event, the Division Head shall
give a written decision to the employee within five
working days after receipt of the grievance. If the
grievance has not been satisfactorily resolved at this
level, it may be appealed within 5 working days to the
Chief.
step 3.
Meet with Chief
If the grievance has not been satisfactorily resolved at
this level, it may be appealed within 5 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 5 working days after
receipt of the grievance. If the grievance has not been
satisfactorily resolved at this level, it may be
appealed within five working days to the Director of
Personnel.
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MEMORANDUM OF UN~STANDING
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step 4.
Review bv the Director of Personnel
Within five working days after receiving the appeal, the
Director of Personnel shall review the matter and give a
decision. If the grievance has not been satisfactorily
resolved by the Director of Personnel, the appeal may be
made within 5 working days to the next step.
Step 5.
a. If
Final SteD
the grievance has not been
satisfactorily
resolved, the employee may appeal to the final step
before the City Administrator.
Such appeal shall be
made within five working days, in writing, accompanied
by the report of the Director of Personnel.
b. The city Administrator will be advised of the
general nature of the case and will set a time, date and
place for hearing the grievance within thirty calendar
days. The grievant and the Department will be notified
of the date, time and place of hearing.
c. Pre-hearing conferences will be held as necessary.
Witnesses or documentary evidence will be provided to
each of the parties prior to the hearing.
d. The decision of the city Administrator will be in
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MEMORANDUM OF mO-STANDING
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writing and transmitted to the parties within seven
working days after the close of the hearing. The City
Administrator's decision is final and binding On all
parties, unless reversed by court decision.
e. All grievances shall be treated as confidential and
no publicity will be given the final resolution of the
grievance.
Section 5
Emolovee Reoresentatives
When requested by an employee, a Job Representative may
investigate any alleged grievance in the Department, and
assist in its presentation.
The representative shall be
allowed reasonable time
therefore during working hours
without loss of time or pay, upon notification and approval
of hiS/her immediate supervisor with the concurrence of the
division or
department head.
The privilege of a Job
Representative 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.
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A Job Rep will not be 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 Job Rep for every sixty
permanent employees in the Unit, but not less than four shall
be recognized by the city.
Section 6
Investiaation Riahts
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.
(a) The interrogation shall be conducted at a reason-
able 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
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time
in
accordance
with regular
department
procedures, and the employee shall not be released
from employment 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 inter-
rogation.
All questions directed to the employee
under interrogation shall be asked by and through
no more than two interrogators at one time.
(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 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
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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
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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.
(gl 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
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safety officer, nor shall this section apply to an
investigation concerned solely and directly with
alleged criminal activities.
(i) 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.
Lawful exercise of riahts: insubordination: administrative
aooeal:
(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,
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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, political or
religious opinions or affiliations or Association membership.
Section 8
Personnel Files
No member shall have any comment adverse to his/her
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 indi-
eating 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,
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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.
Section 9
Political Activities
Except as otherwise provided by law, or whenever on duty
or in uniform, no employee shall be prohibited from engaging,
or be coerced or required to engage, in political activity.
Section 10
Polvaraoh Examination
No member shall be compelled 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
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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 inform-
ation 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 him/her, 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.
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Section 13
Use of citv Resources
The Association may be granted permission to use Depart-
ment 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 Asso-
ciation 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, recrea-
tional, and related bulletins
D. Reports of official business of the Association
including reports of committees or the Board of
Directors.
E. M.O.U., pay scales, job announcements, promotion
lists, etc.
F. Such other items as may be approved by the Depart-
ment management upon request of the Association.
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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.
Section 14
EmDlover-EmDlovee Relations Committee
The Association will designate three 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.
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ARTICLE III
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 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 cities used for fixing the monthly salaries
shall be those ten 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
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organization hav$ alternately struck the names of citi$s
from the list one at a time until the names of ten
citi$s remain. The representatives to strike th$ first
nam$ from the list shall be determined by lot.
C. In the event one or more of the ten cities does not have
one or more of the comparable position classifications,
the monthly salary for the particular classification
shall be comput$d as the arithmetic average of the next
highest and n$xt low$st comparable position classifi-
cation of that City.
D. The salaries paid in Step "a" shall be the same as th$
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 caUS$ th$ Local Safety m$mb$rs in
the San Bernardino Police Department to advance from the
starting steps to the maximum pay steps in approximately
$qual salary advances.
E. New Emolovees:
New employees shall be hired at the "a" step of the
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established base salary range. Variable entrance steps
may be established if justified by prior service or
lateral t~ansfer.
Section 2
PERS-Retirement Plan
A. The City shall continue to support an employees' retire-
ment plan for members, by contract with the California
Public Employees'Retirement System (PERS), which is
commonly referred to as the CHP Plan 2% at age 50.
B. The City will contract with PERS to provide the "highest
12 month" retirement formula.
C. The City will pay the following percentage of the
members' contribution to PERS credited to the employee's
account as a fringe benefit:
Effective Citv PaVlDent
12/1/88 4%
First full pay period in July, 1989 5%
First full pay period in January, 1990 6%
First full pay period in July, 1990 7%
First full pay period in July, 1991 8%
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section 3
A.
Policy:
OVertime
It is the policy of the City to discouraqe
overtime except when
necessitated by abnormal
or
unanticipated work-load situations. The City has the
riqht to require overtime to be worked as necessary.
Consistent with this policy, the Chief will make every
effort to assiqn overtime evenly amonq the employees
with similar skills or assiqnments.
B.
Definition:
OVertime is defined as all compensable
!
~
, !
.
I
.
.
,
I
" 'I
I
I
, !
.
,
I
hours in excess of the reqularly 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.
Comnensation:
An
employee
who
works
overtime
authorized by the Department shall be compensated at
time and one half.
Payment for overtime shall be made
on the first reqular payday followinq 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 reqular payday after
such computation can be made. The employee may decide
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that he/she be paid for the overtime or accumulate such
overtime. 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
160 hours. If an employee reaches 160 hours, he/she
must accept pay for any overtime exceeding that maximum.
The maximum accumulated overtime shall be increased to
240 hours effective January 1, 1989.
Section 4
Assianment to Hiaher 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.
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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 5
On call/Call-back/Stand-bv
Any employee in "on-call" status will receive four hours
pay for all or any portion of a twenty-four hour day. "On-
call" status shall start at 1700 hours for employees on a
scheduled work day and at 0800 hours for employees on a
scheduled day off. If "called back" any time within the first
four hours of "on-call", the time worked will be deducted
from the four hours "on call". If the "call-back" occurs
after four hours ell.-pire, "call-back" time will be clocked
from the time the e~ployee receives the call to report.
Compensation for that time is in addition to the "on-call"
status compensation.
In the event an employee is placed on standby for court
subpoena, the employee will receive three hours standby pay.
I~ the employee is called to court and does not go beyond
1200 hours in that day, it will be considered part of the
three hours standby. If the employee has to appear after the
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noon recess, any additional time will be added to the three
hours standby plus one-half hour travel time. In cases where
the subpoena is for 1330 hours, or another time, the standby
will start with 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
subpoena and 1700, plus thirty minutes travel time. In the
event the employee is required to pay parking fees, the
employee will be reimbursed. If the employee is required to
stay through noon recess, he/she will be paid for the actual
time spent.
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:
(1) $125 additional base pay compensation per month
shall be paid each police officer who has obtained
a Peace Officer Standards
Training (P.O.S.T.)
Advanced certificate.
,
(2) $75 additional compensation per month shall be paid
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each police officer who has obtained a P.O.S.T.
Intermediate 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 viola-
tion 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.
Section 8
Jurv Dutv
Every permanent employee who is officially called or
required to serve as a trial juror in a court shall be
entitled to absent himself from his duties as a City employee
during the period of such jury service or while necessarily
present in court or the jury room as a result of such call
(hereinafter called jury service).
In cases where the completion on any day of such jury
secvice of an employee assigned to an 8:00 a.m. to 5:00 p.m.
shift does not exceed a period of 4 hours duration of the
City work day commencing at 8:00 a.m., it shall be the
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responsibility of the employee to report to work within a
reasonable time after his release or discharge from such jury
service on that day.
Where, however, such employee is
required to continue in jury service for a period in excess
of 4 hours duration on any such regularly scheduled working
day, said employee shall not be required to report to work on
that day of his release or discharge from such jury service.
If the time for commencing work of the employee is at a
time other than the 8:00 A.M. shift, then the employee is not
required to report to work at the commencement of his shift,
assuming he has otherwise complied with the notice provisions
hereof, if he has devoted during the day period prior to the
commencement of his work shift, not less than four hours to
jury service during that day. If he has not so completed
more than four hours of jury service, he shall report to work
at the commencement of his shift.
Under such circumstances of compensable jury service,
every permanent employee, as aforesaid, shall be paid his
regular pay while serving on jury duty, provided all jury
fees paid to
the individual employee, less automobile
expenses allowed, are turned over to the city.
,
The employee shall notify his superiors of any call for
jury service promptly upon receipt of notice thereof and of
any absence from his duties due to such jury service in order
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that a replacement or substitute may perform his duties. When
an employee fails to promptly report his receipt of a call to
jury service when so required, or fails to promptly notify
his superiors regarding his absence for jury service, said
employee shall be considered as absent without leave and no
salary compensation shall be paid.
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ARTICLE IV
FRINGE BENEFITS
Section 1
HealthlLife Insurance
A. The city shall provide employee group insurance. Up to
$80 per month will be contributed towards city sponsored
medical plan of an "employee alone" enrollment and up to
$135 per month will be contributed towards the City
sponsored medical plan of an "employee and dependent(s)"
enrollment effective through December 31, 1988.
B. Effective on the date listed below, the city shall
contribute the amounts listed for the purchase of
insurance
benefits
offered
by
the
city.
Any
contribution not utilized by an employee shall revert to
the City.
Employees with Employees with one
Effective Date no deoendents or more deoendents
January 1, 1989 $ 64/month $1l9/month
August 1, 1989 109/month 164/month
August 1, 1990 144/month 224/month
August 1, 1991 1 69/month 284/month
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MEMORANDUM OF UN~TANDING
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C. Insurance benefits available for purchase by employees
include: medical, dental, vision, life, and accidental
death and dismemberment insurance.
D. An employee must purchase insurance offered through the
city in order to utilize the contributions described in
B.
E. In addition to the contribution described in Section B,
the city shall contribute a maximum of $16.00 per
employee to be used exclusively for the purchase of
medical insurance benefits.
F. Employees may use any of the amounts described in Section
B to purchase any or all of the insurance benefits
described in Section C.
G. 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.
H. The City shall provide each employee with $5,000 term
life insurance.
I. Enrollment in City insurance plans is sUbject to the
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MEMORANDUM OF UNnu;TANDING
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regulations established by each plan's provider.
Section 2
Rain Gear/Utilitv Uniforms
A. The City shall continue its current method to provide
appropriate duty rain gear for personnel.
B. Each employee of the bargaining unit shall be furnished
one utility uniform. Said uniform shall be maintained
in assigned lockers or in the vehicle, available for use
at all times.
Section 3
Books and Tuition Allowance
The City will continue, under its formalized procedures,
to pay, tuition costs for members who complete with a satis-
factory grade of "B" or better in prior-approved, job-related
courses of instruction which will increase their value to the
City. 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
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MEMORANDUM OF UNtnsTANDING
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is requested.
section 4
Deferred ComDensation
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 5
Safety EauiDment
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.
C. Replacements will be issued upon return of worn-out
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--SAN BERNARDINO P(:1CE OFFICERS
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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 or her expense. Upon reassignment or separation
from the Department, these items shall be returned to
the City.
The City Purchasing Agent shall have direct control over
the purchase, issue
and replacement of the above
described items. The Chief shall certify, in writing,
to the
Purchasing Agent
as
to
an individual's
entitlement.
Section 6
ReDlacina/ReDairina Personal ProDertv
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 STP No. 14, dated July 23, 1976.
.
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section 7
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:
Five Years
Ten Years
Fifteen Years
Twenty Years
Twenty-five Years & over
Years of service shall be deemed to include all contin-
uous loyal employment, for the City of San Bernardino, the
San Bernardino City Board of Water Commissioners and for the
Free Public Library Board.
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.
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ARTICLE V
LEAVES
section 1
Vacations
A. Effective December 1, 1988, each employee shall be
allowed vacation in accordance with the prior MOU. The
accrual formula shall be as follows effective January 1,
1989.
(1) Employees who complete one year of continuous
service shall be credited with 10 vacation days on the first
day of their second year of such service. Commencing with the
first day of the second year of
continuous full-time
employment with the city of San Bernardino, and during each
year of full-time employment thereafter, up to and including
the seventh year of continuous, full-time employment, each
employee shall accrue during each such year, vacation days at
the rate of .833 per month, not to exceed 10 such vacation
days (80 hours) in anyone year.
(2) Commencing on the first day of the !eighth year of
continuous, full-time employment with the City of San Ber-
ria~dino, and during each year of full-time employment there-
after, up to and including the seventeenth year of such full-
time employment, each employee shall accrue during each such
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year, vacation days at the rate of 1.25 working days per
month, not to exceed 15 days (l20 hours) in anyone year.
(3) Commencing on the first day of the eighteenth year
of continuous, full time employment with the City of San Ber~
nardino, and during each year of full-time employment there-
after, up to and including the twenty-fourth year of such
full-time employment, each employee shall accrue during each
such year, vacation days at the rate of 1.67 working days per
month, not to exceed 20 such days (160 hours) in anyone
year.
(4) Commencing on the first day of the twenty-fifth year
of continuous, fUll-time employment with the City of San
Bernardino, and during each year of continuous, full-time
employment thereafter, each employee shall accrue during each
such year, vacation days at the rate of 2.08 per month, not
to exceed 25 such days (200 hours) in anyone year.
(5) Commencing on the first day of the second year of
employment, an employee is entitled to use vacation time as
accrued subject to the provisions of this section and subject
to the POlicies of the San Bernardino Police Department
regulating the use of vacation time.
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(6) Vacation leave may be taken anytime 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.
(7) Vacation credits may accrue and accumulate for a
maximum of two years total accumulated vacation credits on a
carry over basis from year to year.
Vacations or portions
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.
(8) 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.
(9) 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.
,
B. When an employee resigns or otherwise leaves the service
of the City and has not used his earned vacation since his
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MEMORANDUM OF ui"\:RSTANDING 0
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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, the San Bernardino city Board or
Water Commissioners and the San Bernardino Free Public
Library Board.
,
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section 2
Holidavs
A. The following days will be holidays for the purpose
of this MOU:
January 1st - New Year's Day
Last Monday in May - Memorial Day
July 4th - Independence Day
First Monday in september - Labor Day
November 11th - Veterans' Day
4th Thursday in November - Thanksgiving Day
Friday following 4th Thursday in November
December 24th - Christmas Eve
December 25th - Christmas Day
December 31st - New Year's Eve
Two floating holidays (16 hours)
Anytime between
January 1st through December 31st - effective January 1,
1989. Beginning January 1, 1990, a third floating holiday (8
hours) shall be added. No floating holiday time shall be
converted to cash in lieu of time off or upon termination of
employment.
B. The Chief shall consider any request of any employee
a~ to preference for taking floating holidays, provided
however, the final right to allot the day to be observed is
exclusively reserved to the Chief.
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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 any employee to work on any of the
above mentioned holidays, then he shall be allowed another
day off of equal time and pay as would be approved by the
Chief.
D. Employees assigned to work on one of the above
holidays shall either be allowed compensatory time off for
the above holidays at full payor shall be paid for the
holidays at
full
pay
in
addition to their regular
compensation for that work day, such determination to be made
based on the availability of funds and the needs of the
department, as determined by the Chief with the approval of
the City Administrator. If compensatory time off is directed
by the Chief, such compensatory time off may be added to the
regular annual
vacation period or termination date of
service, but must be taken within one year of the date it was
earned.
E. Holidays as listed above shall be allowed on Monday
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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 twelve-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 five days of sick leave within any
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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 five days 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
five working days shall be approved except after the pre-
sentation 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 M.O.U. 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 compensation. In the
event of the refusal of any person to submit to such exami-
nation 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
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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 ~o 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.
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G. Whenever the term "service of City" appears herein,
it shall be deemed to include all service of the city of San
Bernardino, t~e San Bernardino Board of Water Commissioners
and the San Bernardino Free Public Library Board.
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 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 M.O.U., shall receive their full
salary, wages, or compensation for a period of one 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 six working days of sick leave granted after six
calendar months of continuous service as herein provided for
all full-time employees shall be computed at the rate of
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MEMORANDUM OF ~STANDING
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approximately 3.7 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 3.7 hours
of sick leave.
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
Pavment 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 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 sixty working days (480 hours) of such leave (eg: 50%
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of 960 hours).
C. For the purpose of this section, the word "retire-
ment" shall have the meaning ascribed to
it and the
definition therefore as set forth in Section 20035 of the
Government Code.
Section 5
Iniurv 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 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
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under the provisions of the Workers' Compensation Insurance
and Safety Act of California and not under the provisions of
this' M.O.U.;
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 an employee is
off duty on injury leave and has not had a vacation at the
end of the current year, he shall be allowed to take his
vacation in the calendar year he returns to duty.
Section 6
Leave of Absence Without 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
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
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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, pro-
tection 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 withcut pay may be granted are:
(1) For an employee who is a disabled veteran
requiring medical treatment.
(2) For an employee who is temporarily mentally
or physically unable to perform his duties.
(3) For an employee who files for or assumes
elected office.
(4) For maternity or paternity leave, upon the
recommendation of the attending physician.
(5) For military leave when the employee has less
than one year of service to qualify for leave with pay.
An approved leave of absence without pay for less
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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
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 fifteen 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
~overage 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
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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
first and
fifteenth days of the month, or on the first day of the next
succeeding
month if the leave of absence without pay
terminates after the fifteenth day of the month.
D. 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.
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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 ninety 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.
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 a
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such public employee for the first 30 calendar days
of any such absence.
Pay for such purposes shall
not exceed 30 days in anyone 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.
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ARTICLE VI
WORKING CONDITIONS
Section 1
Shift Schedules
The standard work day represents the tour of duty for
which an employee is regularly scheduled for work during a
twenty-four 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.
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.
All other employees shall operate on the
basic eight hour day, five days per week.
It is recognized that during the term of this agreement,
it may be necessary for Management to make changes in the
number of hours in a standard day, tour of duty, or shift to
meet the needs of the service. 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
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the association requests to meet with Management, the parties
shall expeditiously under take 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.
Section 2
Shift Chanae
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:
1. Time exchanged shall be with equal rank and be
agreeable with both parties and shall be requested in a memo
signed by both employees.
2. The time exchange requested shall be initiated with
the immediate supervisor of the employee requesting the
exchange.
3. Time exchanged may be by one standard work day or by
one-half standard work day.
4. Time exchanged shall be repaid by one standard work
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day or by one-half standard work day, within a 7 day period.
5. Since this is done for the convenience of the
employee, in no case shall a shift exchange or repayment of a
shift exchange be considered in computation of overtime.
Section 3
Probationarv Period
The probationary period for positions in this Unit shall
be twelve months from the date of hire.
Section 4
Seniority
of service, with no break in service, within the 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.
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Section 5
Re-emolovment
An employee who has terminated City employment, and who
is subsequently rehired in the same classification in a
regular position within a ninety 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 exam-
ination of any pOlice officer when such examination is
required and directed by the City.
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ARTICLE VII
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 M.O.U.
Section 2
Severabilitv
If any provision of this M.O.U. 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 M.O.U. shall remain in full force and
effect for the duration of this M.O.U. If there is any
conflict between the provisions of this M.O.U. 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
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confer immediately concerning only those Articles, sections
and portions.
Section 3
printina of Memorandum of Understandina
The City and the Association will share the cost of
printing of the MOU.
Section 4
Term of Memorandum of Understandina
This MOU will be in effect for the period commencing
December 1, 1988, and ending on November 30, 1991.
Section 5
Notice of Intent to Reopen
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 1991, that such discussions are desired.
Such notice
shall request a meeting to begin negotiations and establish
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ground rules which shall include, at a minimum, the date
beyond which no further proposals may be submitted by either
party.
Section 6
Settlement Aareement
Differences have heretofore existed between the parties
as to their respective rights and obligations and matters
relating to wages, hours, working conditions, and terms and
conditions of emplo~~ent.
In particular, the Association
filed suit number 206315, San Bernardino Police Benefit
Association v. citv of San Bernardino. in the Superior Court
of the State of California, for the County of San Bernardino,
on October 26, 1981, contending that contributions to the
employee's share of PERS in comparable jurisdictions are
salary and not fringe benefits for the purposes of City
Charter Section 186. The parties hereto desire to compromise
their differences in respect to the foregoing matters and
desire to settle their differences amicably and without
further litigation.
In consideration of the agreements
reached in this memorandum and particUlarly Article III,
Section 2, the Association agrees to dismiss with prejudice
action number
206315, and agrees not to institute or
prosecute any action against the city alleging that the
monetary value of any benefit is to be added to t~e base
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salary schedule of any comparable jurisdiction for the
purpose of setting salary pursuant to Section 186 of the city
Charter. Association agrees that the benefits negotiated and
contained in this agreement and particularly Article III,
section 2, constitute full satisfaction, settlement and
compromise of each and every claim the Association has
against the city or for which the city would be liable for
wages, salary, compensation or liquidated damages.
Section 7
Mutual Release
Except for the rights and obligations created by t~is
of, and releases
and
discharges the
full satisfact~on
I
other fully ~nd
agreement, each party hereby acknowledges
completely from all demands, contracts, claims, righ~s,
duties, obligations and liabilities it has asserted agai~st
the other, its past and present members, officers, emP10y~es,
principals or agents and agrees not to institute or proseJute
any proceeding of any nature against the other for any oJuse
existing as of the date of this MOU other than any claim
filed prior to the effective date J..OnfantyhiaSctiMoOnUc'on t~,ha"iry~
provision shall be a complete defense ,1
to this agreement.
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Section 8
prevailina Benefits
All benefits, privileges,
and
working
conditions
authorized for the employees at the present time, Whic~ are
not included in this M.O.U. shall remain in full force d~ring
,
the term of this M.O.U. unless changed by mutual con~ent.
I
However, all provisions of resolution no. 6433 are super.eded
by this MOU.
Mayor W.R. "Bob" Holcomb
City of San Bernardino
~dtl~
President
San Bernardino Police
Officers' Associatio~
e
City'S Designate
epresentative
~12
J{W-
~U~~
Attest:
i
I
I'
City Clerk
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