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2009-48
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Resolution No. 2009-48
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION NO. 2006-291
FOR FULL-TIME, POLICE SAFETY EMPLOYEES, AMENDING ARTICLE IV
FRINGE BENEFITS: SECTION 1 - HEALTHILIFE INSURANCE - ACTIVE
EMPLOYEES, SUBSECTION (A); ARTICLE IV - FRINGE BENEFITS: SECTION 3
RAIN GEAR/UTILITY UNIFORMS/UNIFORM ALLOWANCES, SUBSECTION (C).
ARTICLE V - LEAVES: SECTION 1 - VACATIONS, SUBSECTIONS (F) AND (H);
ARTICLE V - LEAVES: SECTION 4 - PAYMENT OF UNUSED SICK LEAVE; AN
ARTICLE VII - GENERAL PROVISIONS: SECTION 4 - TERM OF MEMORANDU
OF UNDERSTANDING; AND ADDING SUBSECTIONS (E) AND (F) TO ARTICLE V
LEAVES: SECTION 4 - PAYMENT FOR UNUSED SICK LEAVE; AND ADDIN
SECTION 9 - BUDGET CONCESSIONS LEAVE TO ARTICLE V - LEAVES.
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BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO AS FOLLOWS:
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SECTION I: The City Manager of the City of San Bernardino and the Director of Hum
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Resources are hereby authorized and directed to execute on behalf of said City a Side Letter to
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Resolution No. 2006-291 for full-time, Police Safety employees amending Article IV - Fringe
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Benefits: Section I - Health/Life Insurance - Active Employees, Subsection (A); Article IV -
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Fringe Benefits: Section 3 - Rain GearlUtility UniformslUniform Allowances, Subsection (C);
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Article V - Leaves: Section I - Vacations, Subsections (F) and (H); Article V - Leaves: Section
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4 - Payment for Unused Sick Leave; and Article VII- General Provisions: Section 4 - Term Of
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Memorandum Of Understanding; and adding Subsections (E) and (F) to Article V - Leaves:
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Section 4 - Payment for Unused Sick Leave; and adding Section 9 - Budget Concessions Leave
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to Article V - Leaves; a copy of which is attached hereto and incorporated herein marked as
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Exhibit A.
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2009-48
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION NO. 2006-291
FOR FULL-TIME, POLICE SAFETY EMPLOYEES, AMENDING ARTICLE IV
FRINGE BENEFITS: SECTION 1 - HEAL THILIFE INSURANCE - ACTIV
EMPLOYEES, SUBSECTION (A); ARTICLE IV - FRINGE BENEFITS: SECTION 3
RAIN GEAR/UTILITY UNIFORMSIUNIFORM ALLOWANCES, SUBSECTION (C).
ARTICLE V - LEAVES: SECTION 1 - VACATIONS, SUBSECTIONS (F) AND (H)'
ARTICLE V - LEAVES: SECTION 4 - PAYMENT OF UNUSED SICK LEAVE; AN
ARTICLE VII - GENERAL PROVISIONS: SECTION 4 - TERM OF MEMORANDU
OF UNDERSTANDING; AND ADDING SUBSECTIONS (E) AND (F) TO ARTICLE V
LEAVES: SECTION 4 - PAYMENT FOR UNUSED SICK LEAVE; AND ADDIN
SECTION 9 - BUDGET CONCESSIONS LEAVE TO ARTICLE V - LEAVES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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the Common Council of the City of San Bernardino at a i oint special meeting thereof, hel
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day of March
9th
,2009, by the following vote, to wit:
on
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12 COUNCILMEMBERS:
ESTRADA
AYES
X
NA YES
ABSTAIN ABSENT
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BAXTER
BRINKER
VACANT
16 KELLEY
X
X
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X
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JOHNSON
MCCAMMACK
X
X
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(2~ /:J, Uc~,
RaCnel G. Clark, City Clerk
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The foregoing resolution IS hereby approved this
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day 0
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March
,2009.
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Approved as to form:
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JAMES F. PENMAN,
City Attorney
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nda ltemslRe5o.side.Ltr.Police Safety A55oc.doc
2009-48
Exhibit A
SIDE LETTER AMENDMENT/AGREEMENT TO RESOLUTION 2006-291
POLICE SAFETY EMPLOYEES
This Side Letter amends the current language in Resolution No. 2006-291 for full-time, Police Safety
employees amending Article IV - Fringe Benefits: Section I - Health/Life Insurance - Active
Employees, Subsection (A); Article IV - Fringe Benefits: Section 3 - Rain GearlUtility
UniformslUniform Allowances, Subsection (C); Article V - Leaves: Section I - Vacations,
Subsections (F) and (H); Article V - Leaves: Section 4 - Payment for Unused Sick Leave; and Article
VII - General Provisions: Section 4 - Term Of Memorandum Of Understanding; and adding
Subsections (E) and (F) to Article V - Leaves: Section 4 - Payment for Unused Sick Leave; and
adding Section 9 - Budget Concessions Leave to Article V - Leaves, by adding the following language
to the referenced articles, sections and subsections:
A. ARTICLE IV. FRINGE BENEFITS: SECTION I. HEALTH/LIFE INSURANCE - ACTIVE
EMPLOYEES. SUBSECTION (A)
"For the temporary period commencing with the payroll period beginning March 16,2009, and
continuing through June 30, 2010, the City will reduce its healthcare premium contribution by
$400 per month per employee."
B. ARTICLE IV. FRINGE BENEFITS: SECTION 3. RAIN GEAR/UTILITY
UNIFORMS/UNIFORM ALLOWANCES. SUBSECTION (C)
"For the temporary period of benefit years 2009 and 2010, employees will forego their annual
uniform allowance."
C. ARTICLE V. LEAVES: SECTION 1. VACATIONS. SUBSECTION (F)
"Effective March 16, 2009, vacation credit accruals may accumulate an additional 15% as
follows:
Current Cap
160
240
320
400
Cap
With 15% Increase
184
276
368
460"
D. ARTICLE V. LEAVES: SECTION 1. VACATIONS. SUBSECTION (H)
"Effective March 16, 2009, and continuing through June 30, 2010, employees will not be
allowed to sell back any vacation or holiday time.
Effective July I, 2010, employees will be allowed to sell back up to one-quarter (1/4) of their
vacation or holiday accrual for the year at any time throughout the year as long as a minimum
of 10 hours is requested per sell-back."
2009-48
Exhibit A
E. ARTICLE V. LEAVES: SECTION 4. PAYMENT FOR UNUSED SICK LEAVE
"E. Effective March 16,2009, and continuing through June 30, 2010, employees will not be
allowed to sell back any accrued sick leave.
F. Effective July I, 2010, an employee may elect to sell back up to one-quarter (114) of
hislher annually accrued hours of sick leave provided such employee has used 32 hours
or less of sick leave during the twelve (12) months prior to sell-back."
E. ARTICLE V. LEAVES:
"SECTION 9: BUDGET CONCESSIONS LEAVE
Effective March 16, 2009, and continuing through June 30, 2010, all employees will accrue
four (4) hours of paid leave time per week with no expiration date or cash value. In all cases,
leave use will be arranged for and used according to established department policy."
G. ARTICLE VII. GENERAL PROVISIONS: SECTION 4. TERM OF MEMORANDUM OF
UNDERSTANDING
"Mayor and Common Council action taken on March 9, 2009, extends the term of this
Memorandum of Understanding (MOU) for one (I) year commencing January I, 2010, through
December 31,2010."
The City and members of the Police Safety Employees Unit agree that if the economy were to improve
prior to June 30, 2010, the following "trigger" language would be followed:
"The City agrees to restore the ten percent (10%) employee concession prior to June 30,
2010, if the City receives a Federal or State bailout or other windfall that can be applied
to the General Fund with no limitations equal to or greater than 75% of the City's total
projected deficit for that year."
The Police Officers' Association (POA) will have input into the selection of the new Police Chief.
DATE:
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ATTEST:
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City Clerk
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MA WEINBERG, City Manager
City of San Bernardino
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. LIV STON
Director of Human Resources