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Home My WebLink About06.A- Human Resources DOC ID: 1352 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION 1 Public Hearing From: Linn Livingston M/CC Meeting Date: 12/05/2011 Prepared by: Linda Wynn, (909) 384-5161 Dept: Human Resources Ward(s): All Subject: Impasse Hearing -San Bernardino Fire Safety Employee Negotiations Financial Impact: By unilaterally imposing the City's Last,Best, and Final dated September 26, 2011,the City will realize concession savings of$1,612,000; this amount has been factored into the FY 2011-12 adopted budget. Motion: Table. Synopsis of Previous Council Action: On February 7, 2011, the Mayor and Common Council unilaterally implemented the City's Last, Best, and Final dated January 25, 2011, in accordance with Resolution No. 10584, on the Fire Safety Employees. On February 22, 2011, the Mayor and Common Council adopted Resolution No. 2011-33, imposing the terms and conditions of employment for the Fire Safety Employees through June 30,2011. On October 3, 2011, the Mayor and Common Council scheduled the impasse hearing for November 7,2011. Background: Past Efforts to Meet and Confer with the Firefighters Union regarding a successor Memorandum of Understanding(MOU) On February 7, 2011, the Mayor and Common Council unilaterally imposed the City's Last, Best, and Final offer on the Fire Safety Employees. The terms and conditions of employment imposed through June 30, 2011,were adopted on February 22, 2011 (Resolution No. 2011-33). Since that time, negotiations continued in an effort to reach agreement on a successor MOU; unfortunately, the possibility of settlement by direct discussion has been exhausted and, thus, the City has, again, declared impasse. The disputed issue is the City's proposal asking for labor concessions. The Fire Safety Union's proposal of September 26, 2011, was a step backwards as Cit withdrew all previous proposals related to salary savings. The Fire Safety Union later issued a Updated: 11/30/2011 by Linda Sutherland C Packet Pg. 308 1352 verbal proposal that was regressive and failed to provide for any alternative means for labor cost savings. On October 3, 2011, the Fire Safety Union advised that they were not interested in participating in an impasse resolution meeting; therefore, the City Council has directed that the impasse resolution procedure will be a hearing before the Council. Suuuorting Documents: 10-31-11 San Bernardino (PDF) SB Exhibit 1 (PDF) Exhibits 2- 5 (PDF) Exhibits 6 - 8 (PDF) l i Updated: 11/30/2011 by Linda Sutherland C ATKINSON, ANDELSON, LOYA, RUUD S ROMO A PROFESSIONAL CORPORATION FRESNO RIVERSIDE - (ssfl12256700 ATTORNEYS AT LAW msDee}nzz FAX 19611 ee3-1 1 a4 F"1559)226-3416 2800 CENTER COURT DRIVE, SURE 300 IRVINE CERRROS, CALIFORNIA 90703-9304 4 sa16) AMENTO (940)453W260 (502)853-3200-(714)825-5480 1916)923-1200 F"(Q111923-1 222 iA%1G40)45}4Y62 R AE SANTON SAN DIEGO 1925)227G200 FAX(502)053-3333 1856)4659526 F"M25)227-0202 W WI.AALRR.COM FM(856)485-0412 OUR flU NUMBFR: 005119.00008 October 31,2011 101 13027v 1 E-MAIL CLARK RAQSBCITY.ORG Mayor and Members of the Common Council C/O City Clerk Rachel Clark y 300 N. 'D" Street 6 San Bernardino, CA 92418 E Re: November 7 2011 Impasse Resolution Meeting Honorable Mayor and Members of the Common Council: N I write to provide information regarding the negotiations between the City and the San Bernardino City Professional Firefighters Association ("SBCPFA") to assist you in making a determination at your November 7,2011 meeting. M City's Fiscal Situation D v The current fiscal crisis facing public agencies throughout the state has not abated over the course of the last four years. As a result, the Council directed that City negotiators reach labor m agreements with all City bargaining units of ten(10)percent labor cost savings in FY 10-11 and FY 11-121. All bargaining units, except for the Fire Safety Employees represented by the San w" Bernardino City Professional Firefighters Association ("SBCPFA") reached agreements that achieved this labor concession target covering these two fiscal years. Due to the inability to reach agreement with the SBCPFA, in February 2011, the Council imposed a Last Best & Final o Offer reducing the budgeted compensation of the employees in this unit to reach the ten percent target for FY 10-11. E E In June 2011, the Common Council adopted a budget that assumed MOU concessions from all bargaining groups would continue to June 30, 2012. The budget included targeted savings from a the SBCPFA of $1,942,000 in labor cost savings. ($1,496,000 in salary reductions, plus an additional $496,000 in benefit savings tied to salary). The City's budget report also recognized that the City is facing a structural deficit ranging from $12 million to almost $15 million by FY14-15. [Exhibit 1] The City also reached wage concession deals with its bargaining units in FY09-10. v Atkinson,Andelson, Loya, Ruud&Romo Mayor and Members of the Common Council October 31,2011 Page 2 Bargainine History with SBCPFA for FYI 1-12 On May 4, 2011, City negotiators requested to meet and confer with the SBCPFA to discuss wages, hours and other conditions of employment for the upcoming FY 11-12. After several weeks, the SBCPFA negotiator finally agreed to meet on July 19,2011. [Exhibit 21 The parties met on July 19,July 25, August 15, September 9,and September 26,2011. The City provided all requested documents and information to the SBCPFA and made staff members from the Finance c Department available to answer all budget-related and payroll questions. The City also requested to meet and confer regarding several policies. [Exhibit 3] The SBCPFA did not provide = substantive feedback on these policies during the entire course of the negotiations. N N N The City proposals outlined various means to reach the targeted savings. Initially, the City E proposed the elimination of the EPMC retirement benefit enhancement program. In response to « the SBCPFA's opposition to this approach, the City responded with a compensation reduction methodology that had been proposed by the SBCPFA in their initial proposal. The main w difference was the dollar amount of the deduction as the SBCPFA offered a $400 monthly w reduction and the City countered with a $1076 monthly deduction to reach the ten percent labor cost savings goal. (See Exhibit 4 for the City's proposals and Exhibit 5 for the SBCPFA's a proposals.) The parties were unable to bridge this gap. M w- In addition, the SBCPFA also took the position, after issuance of their second proposal, and at - the meeting of September 26, 2011 that they could not make any bargaining offer that the City has contended in legal filings is in violation of the City Charter. The SBPCFA contends that the A City has taken the position that salary reductions are contrary to Section 186 of the Charter. As explained to the SBPCFA,the City's legal position is that Section 186 of the Charter can be used m as a tool to be considered in setting wages and the parties can agree to the wages set by Section in 186, but can also agree to salary reductions under the Meyers Milias Brown Act. SBCPFA takes the.position that the City cannot impose any reduction in the salary of employees and cannot force any employee to give money back to the City. Based on this position, the City declared impasse as there is no possible means to achieve labor cost concessions based on the SBCPFA's position. s Correspondence relating to the declaration of impasse is attached as Exhibit 6 for your reference. The SBCPFA has indicated that they will not appear at the November 7, 2011 hearing. Finally, the SBCPFA argued in late July 2011 that it would not bargain for any terms and conditions in FY 11-12 because the City had not provided sufficient time to bargain terns and conditions for FY 11-12. Attached as Exhibit 7 is correspondence responding to this argument. Finally, for ease of reference, I have attached as Exhibit 8, the City's Last, Best & Final Offer and the policies referenced therein. Atkinson,Andelson,Loya, Ruud& Romo Mayor and Members of the Common Council October 31,2011 Page 3 Conclusion Based on the City's budget situation and the good faith efforts described above and detailed in the attached documents to reach agreement with the SBCPFA for FY 11-12, I recommend the Council adopt the LBFO, as outlined in Exhibit 8. I look forward to the meeting of November 7,2011 and to answering your questions. Sincerely, x" d ATKINSON, ANDELSON, LOYA,RUUD&ROMO o. 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E 'c T d Recommended motion: - m N Adopt Resolution A or Resolution B 2 A N N M ignature a x Contact person: Barbara Pachon.Director of Finance Phone : ext. 5242 m m Supporting data attached: Ward: v E FUNDING REQUIREMENTS: Amount: Net Cost -0- R a Source: (Acct No)Various Department Accounts (Acct Description) Finance: Council Notes: Agenda Item No. 1_ t Packet Pg. 361 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution approving and adopting the final budget for Fiscal Year 2011-2010 and proclaiming the continuation of a Fiscal Emergency and establishing the City's Appropriation Limit as required by Article XI1I B of the California State Constitution. rn BACKGROUND `- d On August 23,2010, the Council adopted the City Manager's modified budget strategies which v included 8%budget reductions from all Departments. These budget reductions were accomplished m in two tiers and were necessary to help balance both the FY 2010-2011 budget as well as the FY a 2011-2012 budget. Finance,working with each Department,implemented the adopted budget £ reductions and they are included in the FY 2011-2012 Preliminary Budget. n The preliminary FY 2011-2012 budget was presented to the Mayor and Council at the June 23rd, N 2011 budget meeting. At this meeting an over view of the City's budget was given as well as a ` © review of the significant changes and assumptions. Also included at this meeting was an update on u the City's 5-year financial projections for the General Fund as well as a presentation by HdL,the N City's sales and property tax consultant. Department budget presentations were started at the June 23`d meeting beginning with the Public a Works Department. Department presentations were scheduled to continue at the June 28"i and June x 29`h budget meetings starting with a review of the CIP and continued until all Departments made a W presentation including the Economic Development Agency. v d E s FINANCIAL IMPCAT a Adopting the budget resolution appropriates the funds for the FY 2011-2012 budget as presented in the FY 2011-2012 preliminary budget document with any adjustments the Council requested at the budget meetings. The City's Appropriation Limit of$269,612,016 is also established in accordance with Article XIII B of the Constitution of the State of California_ RECOMMENDATION Adopt Resolution 2 RESOLUTION NO 2011-212 RESOLUTION OF THE MAYOR AND COMMON COUNCIL 1 APPROVING AND ADOPTING THE CITY OF SAN BERNARDINO'S 2 FINAL BUDGET DOCUMENT FOR FISCAL YEAR 2011-2012 AND PROCLAIMING THE CONTINUATION OF A FISCAL EMERGENCY 3 AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT AS REQUIRED BY ARTICLE XIII B OF THE CALIFORNIA STATE 4 CONSTITUTION. 5 6 WHEREAS, for the last few years, the nation and California have 7 confronted the most severe economic downturn since the Great Depression; and 8 WHEREAS, in response to this dire fiscal situation, the Mayor and 9 Common Council have addressed $44 million projected deficit for FY 2009/10 x" 10 °' through FY 2011-12 and; o 11 E 12 WHEREAS, as the recession deepened throughout the spring, the T ' 13 revenues eroded, and the budget reserves for Fiscal Year 2011/12 are only N n 14 projected to be$1.3 million;and LL 15 WHEREAS, Sacramento politicians have already taken tens of millions M 16 • of dollars from the City of San Bernardino, are threatening to take more, and these 17 t 1'S cuts present a significant fiscal challenge; and X m N 19 WHEREAS,On January 20, 2011, the Governor of the State of California c v 20 declared a continual state of fiscal emergency in .California and identified the 21 nature of the fiscal emergency to be the projected budget imbalance through Fiscal a 22 Year 2011/12 caused by the decline in revenues and increase in expenditures in 23 24 Fiscal Year 2010/11 that will create a carryover deficit affecting the cash reserves 25 and the budget for Fiscal Year 2011-12;and 26 -- 27 28 1 —Packet Pg.363 '- LV Ld-LLL - RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND ADOPTING THE CITY OF SAN BERNARDINO'S FINAL BUDGET DOCUMENT FOR FISCAL YEAR 2011-2012 AND 1 PROCLAIMING THE CONTINUATION OF A FISCAL EMERGENCY 2 AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT AS REQUIRED BY ARTICLE XIH B OF THE CALIFORNIA STATE g CONSTITUTION. 4 5 WHEREAS,City employees have also offered to make personal sacrifices 6 by agreeing to pay and benefit concessions, including unpaid furloughs and 7 concessions and contract term extensions; and 8 WHEREAS, the City's economy remains weak, unemployment rates 9 remain near historic highs,and for Fiscal Year 2010/11 and Fiscal Year 11/12 the = d 10 City made 8%budget cuts that total $11 million; and 11 12 WHEREAS, the Mayor and Common Council want to ensure that the ;r 13 public is aware of this fiscal emergency and that City staff continue to look for the w M 14 necessary cuts to services that the City could be forced to make; and a 16 WHEREAS, Pursuant to Section 2.46.020 of the San Bernardino M 16 Municipal Code "emergency" means the actual or threatened existence of 17 t 18 conditions of disaster or of extreme peril to the safety of person and property m w 19 within the City caused by...conditions,...which.., are or are likely to be beyond d E 20 the control of the services, personnel, equipment and facilities of this City, m z 21 requiring the combined forces of other political subdivisions to combat; and 22 " WHEREAS, this proclamation of emergency and the actions 23 24 contemplated hereunder are based on adequate factual foundation, are designed to 25 protect a basic social interest and not benefit a particular individual; are 26 — 27 28 2 Packet Pg..364 " .2011-212 RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND ADOPTING THE CITY OF SAN BERNARDINO'S FINAL BUDGET DOCUMENT FOR FISCAL YEAR 2011-2012 AND I PROCLAIMING THE CONTINUATION OF A FISCAL EMERGENCY 2 AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT AS REQUIRED BY ARTICLE XIII B OF THE CALIFORNIA STATE 3 CONSTITUTION. 4 5 appropriate for the emergency and obligation; and are intended to be temporary 6 and limited to the immediate exigency that cause the action; and 7 WHEREAS, pursuant to his authority set forth above, the Mayor does 8 hereby request the Common Council to proclaim the existence or threatened c 9 existence of a local emergency. _ v 10 y WHEREAS, the City Council of the City of San Bernardino wishes to E 11 12 establish the appropriations limit for fiscal year 2011-2012 for the City of San 13 Bernardino. A N 14 WHEREAS, at the meeting of the Mayor and Common Council on June a 15 23, 2011, the"City of San Bernardino California Preliminary Budget Fiscal Year M 16 2011-2012,"was presented ("Preliminary Budget');a copy of which is on 17 t IS file in the office of the City Clerk and which is incorporated herein by reference as m N 19 though fully set forth at this point; and m E 20 WHEREAS, the preliminary Budget as amended constitutes the Final 21 Budget,and a 22 WHEREAS, Article XIII B of the Constitution of the State of California 23 24 as proposed by the Initiative Measure approved by the people at the special 25 statewide election held on November 6, 1979, provides that the total annual 26 appropriations subject to limitation of each local government shall not exceed the appropnations limit of such entity for the prior year adjusted or changes tot the 28 3 .Packet Pg..365 2011-212 RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND ADOPTING THE CITY OF SAN BERNARDINO'S 1 FINAL BUDGET DOCUMENT FOR FISCAL YEAR 2011-2012 AND 2 PROCLAIMING THE CONTINUATION OF A FISCAL EMERGENCY AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT AS 3 REQUIRED BY ARTICLE XIII B OF THE CALIFORNIA STATE CONSTITUTION. 4 5 cost of living and population except as otherwise specifically provided for in said 6 Article; and 7 8 WHEREAS, Section 7910 of the Government Code provides that each W c 9 year the governing body of each local jurisdiction shall,by resolution, establish its 10 appropriations limit for the following fiscal year pursuant to Article XM B at a y a Il regularly scheduled meeting or a noticed special meeting and that fifteen days E 12 prior to such meeting, documentation used in the determination of the y 13 appropriations limit shall be available to the public; and H 14 " LL 15 NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY N N M 16 OF SAN BERNARDINO DOES HEREBY PROCLAIM, the existence of a 17 local emergency that such emergency did arise on or about March 11,2010 t X W is IT IS FURTHER PROCLAIMED AND ORDERED, that the Mayor w 19 c and Common Council finds and declares the existence of a fiscal emergency with E 20 21 the City for fiscal years 2009/10 and 2010/11, and continue for 2011/12 a 22 IT IS FURTHER PROCLAIMED AND ORDERED, that until further 23 action of the Common Council, the powers, functions, and duties of the Mayor 24 and the emergency organization of the City as set forth in Chapter 2.46 of the San 25 Bernardino Municipal Code, are not hereby activated except as herein above set 26 forth 28 4 Packet Pg.366 2011-212 RESOLUTION OF THE MAYOR AND COMMON COUNCIL 1 APPROVING AND ADOPTING THE CITY OF SAN BERNARDINO'S 2 FINAL BUDGET DOCUMENT FOR FISCAL YEAR 2011-2012 AND PROCLAIMING THE CONTINUATION OF A FISCAL EMERGENCY 3 AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT AS REQUIRED BY ARTICLE XIH B OF THE CALIFORNIA STATE 4 CONSTITUTION. 5 6 IT IS FURTHER PROCLAIMED AND ORDERED, that the Mayor 7 and Common Council shall take any and all actions as deemed appropriate by 8 them and as authorized by the City Charter and general law to address the 9 x emergency. m 10 NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON 11 COUNCIL OF THE CITY OF SAN 13ERNARDINO AS FOLLOWS: 12 d 13 SECTION 1. That the certain document entitled "City of San Bernardino FY y m 14 2011-2012 Appropriation Limit" as attached hereto and incorporated herein as Exhibit 15 A; and, FY 2011-2012 Final Budget Schedules I through 19 attached hereto and n 16 incorporated herein as amended and conditioned by orders of the Mayor and Common a 17 x Council, are hereby approved and adopted as the FY 2011-2012 Final Budget m 18 ra 19 Documents of the City of San Bernardino, a E 20 SECTION 2. That Position Control Resolution 97-244 be updated to reflect the 21 a changes in authorized positions that were incorporated in the FY 2011-2012 22 Preliminary Budget or were authorized by orders of the Mayor and Common Council 23 24 during budget deliberations. 25 26 28 s Packet Pg.367 2011-212 RESOLUTION.OF THE MAYOR AND COMMON COUNCIL APPROVING 1 AND ADOPTING THE CITY OF SAN BERNARDINO'S FINAL BUDGET 2 DOCUMENT FOR FISCAL YEAR 2011-2012 AND PROCLAIMING THE CONTINUATION OF A FISCAL, EMERGENCY AND ESTABLISHING THE 3 CITY'S APPROPRIATION LIMIT AS REQUIRED BY ARTICLE XQI B OF THE CALIFORNIA STATE CONSTITUTION. 4 5 SECTION 3. That Salary Resolution 6413 be updated to reflect the changes in 6 authorized. salary ranges that were incorporated in the FY 2011-2012 Preliminary 7 8 Budget or were authorized by orders of the Mayor and Common Council during budget 9 deliberations. x 10 SECTION 4. That it is hereby found and determined that the documentation N A 11 used in the determination of the appropriations limit for the City of San Bernardino for £ 12 FY 2011-2012 was available to the public in the Finance Department of said City at 13 least fifteen days prior to this date. w 14 LL 15 SECTION 5. That the Appropriations Limit for the City of San Bernardino as N M 16 established in accordance with Article XHI B of the Constitution of the State of- 17 California is$ 269,612,016. s x w 18 SECTION 6.This Resolution shall take effect upon the date of its adoption. w 19 c E 20 21 ll1 a 22 23 24 25 26 �... 28 b 2011-212 :6.A.b RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND ADOPTING THE CITY OF SAN BERNARDINO'S FINAL BUDGET DOCUMENT FOR FISCAL YEAR 2011-2012 AND 1 PROCLAIMING THE CONTINUATION OF A FISCAL EMERGENCY 2 AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT AS REQUIRED BY ARTICLE XIH B OF THE CALIFORNIA STATE 3 CONSTITUTION. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by 5 the Mayor and Common Council of the City of San Bernardino at a JC. Add, xegulax 6 meeting thereof,held on the2q thday of June 2011, by the following 7 vote to wit: 8 9 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT x - d 10 MARQUEZ x a 11 VACANT E 12 BRINKER x t^ a 13 SHORETT x y 14 u 15 KELLEY x N M 16 JOHNSON x 17 MCCAMMACK x s x W 1$ 00 19 C�� CLELE RK a 20 The foregoing resolution is hereby approved this of . a^ 02011. m 21 a 22 tric 7.Morns, ayor City of San Bernardino 23 Approved as to Form 24 JAMES F.PENMAN 25 City Attorney / 26 j (Te� 40 ( �.f.' /�T��a"Jl (/ Packet Pg. 369" Cs.e..ral.- Exhibit "A" City of San Bernardino FY 2011 —2012 Appropriations Limit d x v N N N Q E 'c 7 d m N d LL N N M 9 L W m N C d E t V R x Q PacketPg.370- Exhibit"A"(pg r of 3) City of San Bernardino FY 2011-2012 Appropriations Limit Article XIIIB of the California Constitution (enacted with the passage of Proposition 4 in 1979 and modified with the passage of Proposition 111 in 1990) restricts the appropriations growth rate for cities and other local jurisdictions. The growth rate is tied to changes in the population and the change in California Per Capita Personal Income. _ In May 2011 the State Department of Finance notified each city of the population changes and per capita personal income factor to be used in determining appropriation o limits. Effective January 1, 2011, the change in the California Per Capita Personal E Income is 2.51% and the change in the City of San Bernardino's population is .59%. Attached is the City's calculation for the permitted appropriations growth rate based on the above information from the State. v m N In accordance with state law, the FY 1986-87 appropriation limit is to be used as the base year in calculating annual appropriation limits thereafter. The City of San Bernardino's LL FY 2011-2012 Appropriation Limit is 3.6955 times the base year limit of$72,956,219 which equals$269,612,016. Total appropriations for FY 2011-2012, subject to the limitation (see attached) equal a $90,102,500 which is$179,509,516 below the City's FY 2011-2012 Appropriations limit x of$269,612,016. m to N c d E s u m 1✓ Q its" 6,A.b "Exhibit A" (pg 2 of 3) ° N O II 11 S d S d fJ N Z a E F ❑ n n O Z ~ a O a I` T U o Oo ww rn a 5 � G � Zr ° ` LL u X J K W 0 f o a N m N a `c U n F mm M OZ O } O F + o+ w i� N O o v a ^g h X x y I CL o t a d x � ¢ g a o ° r o a x r ° m W U iB m m Q ° vI U ; m r N w Oo m > �+ r LLI o ¢ Z ¢z¢ Q = S U O U z 0 O 0 O O a ¢ r 5 z ¢r = J O a o a a O a o Q U I U a U Packeb Pg.372 "Exhibit A"(pg 3 of 3) CITY OF SAN BERNARDINO CALCULATION OF APPROPRIATIONS SUBJECTTO LIMITATION Fiscal Year 2011-2012 Proceeds Non-Proceeds Budget Of of Taxes Total Proceeds of Taxes Property Tax 33.566,100 33,566,100 Sales 8 Use Tax 18,386.400 18,386,400 Business License Tax-Revenue 6,000,000 6,000,000 Utility Users Tax 22,500,000 22,500,000 Transient Occupancy Tax 2,600,000 2,500,000 Measure Z District Tax 5,650,000 5,650,000 Sales Tax Public Safety 900,000 900,000 rn Other-Property Transfer Tax $00,000 500,000 q m From State/Local Agency - 2 Motor Vehicle In Lieu 725,000 725,000 a Homeowners Exemption 130,000 130,000 ur Off Highway Vehicles - p. SB 90 Reimbursements 200,000 200,000 E Other 1,376,200 1,376,200 — E Other Governments CDBG Reimbursements - - SBIAAReimbursement 150,000 150,000 w Mutual Aid/Disaster Reimbursement 600,000 600,000 m to Water Department 3,700,000 3,700,000 m LL Locally Raised Licenses&Permits 2,147,700 2,147,700 N Franchise Fees 3,376,300 3,376,300 n Charges for Services - 5,625,300 5,625,300 Fines and Penalties 2,884,000 2,884,000 9 Other Miscellaneous c Sale of Property - - % Other 2,511,900 2,511,900 W Rents/Commissions 637,000 637,000 m rn c Subtotal 90,102,500 24,063,400 114,165,900 E z Interest Eamings 200,000 200,000 U Total of these Funds 90,102,500 24,263,400 114,365,900 Q Other Funds Not Included 104,261,300 104,261,300 Grand Total Budget 90,102,500 128,5M 700 218,627,200 Appropriations Subject to Limitation Schedules 1 through 19 (Schedule #'s at bottom of page) d N N d E C 7 41 d m N v LL N N M xx w m N C d r v Q . Packet Pg..374 CITY OF SAN BERNARDINO FY 20114012 SUMMARY OF REVENUES,EXPENDITURES,AND TRANSFERS :En" TRM k SFE 112,981,100 1129.412,400 1125,307,300 1 2780,1001128708:7::4�001 325 00�C 2,085,400 114,365,900 C' SPEC 1 1 105 LIBRARY 0 107.200 2,066,000 2,1731200 2173,200 0 2.173,200 1136 CEMETERY 0 27,50D 134,400 161,900 16-1'-900 0 161,900 107 CAN 0 0 0 0 0 0 0 108 ASSET FORFEITURE 303200 333,000 0 ..636.200 458,600 0 458,600 177.60 I'll AIR QUALITY-AS 2768 E122,4�OWQ 246,200 0 361 116,700 70,000 1 B5.700 182.90( 118 DRUG/GANG(AF) 107000 16,200 0 123 200 3ODIX) 0 30,000 93.2IX 119 COMMUNITY DEV BLOCK GRAN a 3,583,000 0 3,583T000 3,583.000 0 3,583,000 121 SBETA 0 2.363,600 0 2.363 600 2,363,600 0 2,363,600 C 0 124 ANIMAL 0 11503000 449,100 1,952,100 1,951,300 0 1.9511.300 l 128 TRAFFIC (150,00 1.667,000 0. 1,517,000, 117,000 1,400,DDO 1,517,000 1 132 SEWER LINE MAINT 2.108.900 4,200,000 1 01 6,308,900 1 4.784.200 1510900 6295100 1380( 133 BASEBALL STADIUM (37,000) 0 D 37 1 000 0 0 0 (3 .OIX 134 SOCCER FIELD COMPLEX 275,900 413.000 0 688.900 444'300 1 01 300 244600 137 CFD 1033-Fire Station MILD 0 573,700 0 573,7DO 0 573,750 �54713!370000 E 775 PERPETUAL CARE FUND 340.000 01 0 340,000 2 134 4DO 4400 205,60( 80,0001 0 211 FIRE EQUIP ACQUISITION FD 11 0 0 114.000 80.000 34,00( p-g'M02:7TUMM 1 -F-- 0,- 9 64%&Pta PWAW Wn . 128 SPECIAL GAS TAX 838.100 5,493,30D 0 6,331,400 2.242.900 3,620,0001 5,862,900 468, 129 112 CENT SALES&RD TAX 4,903,000 2,535,000 0 7,438.000 5,946,500 1.350,01GO 7,296,500 141,50( 135 PROP42 TRAFFIC CONGESTION 1094400 0 0 1,094,400 1,041,900 0 1.041,900 52,50 208 VERDFMONIT INFRASTRUCT 348 600 0 0 348,600 325,900 0 326,900 22,70 240 INFRASTRUCTURE LOAN 0 0 0 0 0 241 PUBLIC PARK EXTENSION 4,500 0 0 4,500 0 0 0 4,500 242 STREET CONSTRUCTION 3 26,425,300 0 22,824,700 22,824,700 0 22,824,700 1 243 PARK CONSTRUCTION 668,400 1.125 800 13 1.794.200 1,713,600 0 1,713,600 80,60 244 CEMETERY CONSTR 413.800 1,500 0 50,300 5,000 0 51000 45,301 245 SEWER LINE CONSTR 4.037.300 160,0001 0 41197T300 1 3,87 1 _7 50D 225.000 4,102,500 94 800 246 PUBLIC IMPROVEMENT 933.100 01 D1 933 100 1 881 000 1 0 881,000 1 52.1 247 CULTURAL DEVELOPMENT 424,500 '1 Q 157!000 282.501 N5'22 1 21 '221'1 3.23.,i. n1372!272.0 1 3 369 Boo 123 80( 00 248 STORM DRAIN CONSTR 278 400 IiS5. 0 3A. R 250 TRAFFIC SYSTEM CONSTR 01 01 01 1 L6 0 �60( 268 PROP 113FUND 4,3741400 01 01 4,374,4001 2,294,8001 01 2,294,800 2,07Q60( 1251 OTHER ASSESMENT DISTR. I -f 1254 LANDSCAPE DISTRICTS 1 01 1.072,0001 200,000 1 1,272,0001 1,272,000 0 1,272.000 T-,289ffi1OD I x U.1 261 LAW ENFORCEMENT DEVEL 141.600 42.000 0 183,600 148.700 0 148700 34,90( 1 262 FIRE PROTECTION DEVEL 397,500 55,000 0 452,500 160,300 0 160,300 292201 U) 263 LOCAL CIRCULATION SYSTEM 547,100 22,000 0 569,100 514,400 0 514,400 54171 264 REGIONAL CIRCULATION SYST 6,475,500 540,0D) 0 7,016.500 6,766,100 0 6766100 249.40[ 265 LIBRARY FACILITIES 16,500 26,000 0 42,500 42,600 0 42500 E 266 PUBLIC MEETINGS FACILITIES 318,1 DO 13,500 0 331,600 0 0 0 331,60( u 267 AQUATICS CENTER FACILITIES 118.800 14,000 0 132,800 0 0 0 280( 'i268 A13 1600 PARKLAND 2,003,400 90,000 () 2,093,400 1,179.200 0 1,179.200 914,2 269 QUIMBY ACT PARKLAND 276200 10,000 0 286,200 47,800 0 47.800 238,401 1 FEE FUNDS:jA0A%4R0j%%"-2,35Fj�4%WW[ 11,107,200'1- 0;859;000 1306 AD 987 Debt Service 71,300 52 800 724,100 65,700 1 65,700 58.40( 1356 AD 356 NEV,PINE AVE 1 (377.300)1 50,300 1 01 (109.000) 36.2001 0 36200 (345,20( ,-,-g',;=TALGEBT IENTfAWSEW,NDS',_� 00 1126=9110011 15 2T-.REFUSF'27'P4 621 CENTRAL SERVICES FUND 0 165,400 0 165,400 165,400 0 165400 629 LABILITYFUND (570,400) 3,153,900 0 2,583,500 3,006,100 0 3,006,100 (422.60 630 TELEPHONE SUPPORT (28,000) 1,289,700 0 1,261,700 1,242.100 0 1,242.100 19,60( 631 UTILITY FUND (262,600) 3,714,90(1 0 3,452 300 3,682,300 0 302,300 (230,00 635 FLEET SERVICES 400,300 7,625,000 0 8,025.300 7.685,000 0 7,685,000 340,30 678 WORKERS COMP (9,856,500 3,844,300 0 (6,012.200 3,735,900 0 3,735,900 (9,748.10 679 INFORMATION TECHNOLOGY 169.200 4,448,300 0 4817500 41464,200 0 4,464.200 153.30( Tlym *General Fund has$3 million in loan liabilities that is not reflected in the beginning fund balance ji-,�racke �3 CITY OF SAN BERNARDINO ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2011-2012 GENERALFUND PROPOSED BUDGET FY 2019-2012 ,.,�; -a-•� ESTIMATED REVft , Property Taxes $ 27,375,000 Sales/District Taxes _ 31,127,500 Utility User Taxes 22,500,000 Other Taxes 6,476,300 Licenses&Permits 7,832,700 Fines and Penalties 2,884,000 Use of Money&Property 837,000 Intergovernmental 3,7II8 900 Charges for Services 5,940,300 Miscellaneous 5,684,200 Total Estimated Revenues $ 114,365,900 m Total Transfers In $ 12,961,100 = v TOTALES` `TED FUNDSAVAILABLE - $ 127,327,00q? y m ESTIMATEDEX N TURES E Mayor 3 764,600 Common Council 616,000 E City Clerk 1445,200 >, City Treasurer 210,400 w City Attorney 3,026,000 m rn General Government 3,741,200 d City Manager 1,282.000 LL Civil Service 365,400 N Human Resource - 614,300 m M Finance 2,518,400 _ Community Development 5,651,100 Fire 30,927,600 a Police 61161,400 Parks, Recreation &Comm Service 5,116,900 w Public Works 8,756,800 m Total Estimated Expenditures $ 126,197,300 rn 1 Loan Advance Repayment $ 410,000 Total Estimated Expenditure Savings $ (1,300,000) E Total Transfers Out $ 2,780,100 rs TOTAL ESTIMATED DEDUCTIONS $ :I 128;087,400'. Q EXCESS.:(DEFICIENCY):AVAILABLE Is ESTIMATED BEGINNING FUND BALANCE`. $. -,,A,985,400: ESTIMATED.ENDING FUND BALANCE $ at;325,000;< 1QGETED RESERVE Reserve Related to Admin Civil Penalties 1,325,000 Reserve Loan Repayment General Budget Reserve 1,329,_0UO:' p . E1CCE;,.6'S.7. kNEf�1C' . . .. ' ;: $ 'General Fund has$3 million in ban liabilities that is not reflected in the beginning fund balance. 2 6.A.b CITY OF SA14 BERNARDINO ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2011-2012 GENERAL FUND - Measure Z ADOPTED REVISED PROPOSES BUDGET ESTIMATE BUDGET FY 2010-2011 FY 2010-2011 FY 2011-201 ESTIMATED REVENUE District Tax Revenues 5,120,000 5,517,000 5,650,OOC Total Estimated Revenues $ 5,120,000 $ 5,517,000 $ 5,650,00( m Total Transfers In $ - $ - $ i TOTAL ESTIMATED FUNDS AVAILABLE $ 5,120,000 $ 5,517,000 $ 5,650,00( y m a E ESTIMATED EXPENDITURES A $ $ N Police 6,293,000 5,700,500 5,972,20C LL Park and Recreation 150,200 M Total Estimated Expenditures $ 6,443,200 $ 5,700,500 $ 5,972,20C Estimated General Fund Contribution $ (1,663,400) $ (523,700) $ (322,20( r Total Transfers Out $ $ $ w TOTAL ESTIMATED DEDUCTIONS $ 4,779,800 $ 5,176,800 $ 5,650,00( N c E U tC EXCESS (DEFICIENCY ) AVAILABLE $ 340,200 $ 340,200 $ a ESTIMATED BEGINNING FUND BALANCE $ (340,200) $ (340,200) $ ESTIMATED ENDING FUND BALANCE $ $ $ RESERVE FOR FUTURE COSTS 0 0 C BUDGET EXCESS / (DEFICIENCY) $ $ $ PacketPg. 377 CITY OF SAN BERNARDINO GENERAL FUND REVENUE REPORT FISCAL YEAR 2011-2012 AL, [ P X- - R OSE PD LAW W& �,774,96f --"30,0 9,700,000 4001 Current Secured W1973,693 11,621 490 9 L3DO,000 "0'000 575,000 595.000 600,000 4002 Current Unsecured 530,779 603,367 573,633 80- 600,000 4003 Prior Taxes 542,358 904,956 943,324 800,00 600,000 0'0(10 4006 Supplemental 1,971,639 903,455 347.167. 300000 300,000 300,000 4005 Other 162,045 167,060 158,997 165,000 175,000 175,000 4007 Prop Tx In Lieu of VLF 17,249,453 18,588,204 17,017,692 16,600,ODO 16,017,100 16,000,000 77-,375000 31,429,967 32,788-532 -- 7F7-117100 C,Torta[Tax0V,',, 28�8 M�W OTHERTAXEVA 4221 Sales Tax 22.309,687 17,276,647 16,145,282 15,844,800 17,300,000 15,386,400 4220 Prop Tx In Lieu Sales Tax 7,280,284 6,520,295 4,266,819 4,266,800 5.654,400 6,191,100 4224 Utility User Tax 24,407,034 24,355,172 22,630,460 22,750,000 22,016,800 22,500,000 4201114 Franchise Tax 3,323,073 3,091,966 2,688,512 2,660,700 2 795,700 2,880,700 0 a 4222 Transient Occupancy 3,262,131 2,517,102 2,222,113 2,040,000 2,400.000 2,600,000 4223 Prop.Transfer Tax 649,330 390,814 393,621 295,400 400,000 500,000 4225 Sales Tax Public Safety 982,803 863,890 761,482 700000 800000 900,000 4215 Tow Franchise 1 288,000 1 421,542 437,461 38(!300 342,800 495,600 5H 650 C)OO »S�227 Measure Z-District Tax 6,511,4751 5,804,472 5,157,200 5,120,000 5,517,000.1 60103800 a E Total Taxes IVXMM X000 - 57,228,700 1� 6(),1 ns iino W,CENSES AND PERM 4301 Business Registration 6105,401 6,197,871 5841 347 5,700000 6,000,000 6,000,000 .0 4330 Building Permits 646,352 498,626 545,164 500,000 500,000 500,000 U) 4331 Mechanical Permits 208,594 144,792 161,319 150,000 160,000 160,000 2! 4362 On Site Inspection Fees 1,183,749 623,489 104,328 100,000 150,000 100,300 w ww 4363 On Site Plan Check 341,996 209,377 25,780 20,000 32,300 35,000 4361 Construction Permits 300,801 122,992 56,222 70,000 20,000 3-0 319 20.000 20.000 20,000 2 000 M 4342 EMS Membership 6,148 2172 1 4336 Fire Code Permits 301,548 385.377 357,942 375,000 375,000 360,000 4337 Fire Plan Check 181,303 141,512 99,671 100,000 94,000 100,0001 4351 Street Cut Permits 229,645 295,086 418,071 300,000 150 000 150,000 :E X 4333 Mobile Home Park Permit 26,374 26,169 51,424 26,000 40,000 51,400 Lu 4352 Misc Licenses&Permits 317,209 500,325 462,902 400,000 200,000 300,000 wi 4353 Yard Sales Permit Fee 0 0 0 15,000 0 0 4303 Misc City Clerk Permits 3,490 2,383 4,477 4,000 4,500 4,000 4304 Misc Planninq Permits 31,499 22,715 18,054 22,000 22,000 22,000 4360 Gradin Permits 25,6241 1, 9.626 7,201 5,000 '82,512, 8;184,2217 4420 Parking Citations 1,209,205 1 1,145,492 1,152,652 1,046,600 1,132,000 1.150,000 4410 General Fines 153,371 135,876 245,684 200,000 150 000 200,000 4401 Unauthorized Sign Fine 0 0 0 100,000 0 10,000 4411 Code Admin. Citations 145,468 182,982 582,838 560,000 500,000 550000 4412 Fire Admin. Citations 73,865 96,767 64,976 60,000 60,000 60,000 4423 General Admin Civil Penalty 0 609,714 1,087,553 1,310,000 750,000 100,000 4422 Fireworks Adm Civil Penalty 0 16,729 7,223 10,000 10,000 10,000 4424 Police Admin Civil Penalty 0 26,386 51,764 50,000 85,000 - 100,000 4426 Buildino Admin Civil Pen 0 5-1500 130100 12,000 12,000 3-000 4427 Fire Admin Civil Penalty 0 26,215 36,657 35,000 50.000 100,000 4428 Code Admin Civil Penalty 0 51400 136,787 120,000 300,000 600,000 i 4429 General Administrative Cites 0 0 0 0 1,000 __q%7despu 1 t Tzqsamli , 4 CITY OF SAN BERNARDINO GENERAL FUND REVENUE REPORT FISCAL YEAR 2011-2012 -U,,At �4,13IJDGET-- REVI D,�, PROPOSED :CT J-;�, CT A 0- USE OF MONEY-AN, 4505 Interest Earnings 793,211 198,928 110,208 200,000 150,000 200,000 4520 Land&Building Rental 407,302 487,584 602,361 490,000 550,000 530,000 4523 ATS Land Rental 0 10,805 47,394 79,300 79,300 77,000 4530 Parking Rental Fee 0 550 300 0 0 0 4922-26 Sale of Property 306,288 5,120 1,964,718 2,410,000 2,462,800 0 �540 Vending Machine Comm. 40,622 38,669 -- , 29,175 40.000 30,000 30,000 Total:MonieFy�,5,Prope W, T 741,656 754,156. 14T,ERGOVERtAMENTAL 4603 Motor Vehicle In Lieu 1,038,879 817.737 711,559 500,000 700,00-0 �725 000 4621 Booking Fee Subvention 1 0 0 0 0 0 0 4670 EDA&CDBG Reimb. 5,738,232 5,318,450 3,935,920 3,532,800 3,532,600 1,287,500 4651 Construction Reimb. 0 22,012 0 0 0 0 4606 Homeowner's Exemption 154,290 134,091 141,765 130,000 13-0100-0 130,000 4616 POST 127,242 100,877 96,838 50,000 50,000 50,000 4625 State-Mandated Costs 63,156 88,703 255,962 100,000 256,500 200,00 33 4673 Water Reimbursement ki8,500 349,6 527,700 5-2-71700 527700 4671 SBIAA Reimbursement 146,690 153,530 159,630 150,000 150,000. 150,000 T4 Disaster Prep. Program 38,700 38.700 38700 I Aid/Disaster Reimb 1,2D6,619 '17 M I L 619 M ua 7.5:FR 5.326 500:0 0 3,600 600.000 t;, Total Intergovernmental "As CHARGES FOR,SERVICE 4731 Plan Check Fee 392,708 230,880 172,872 165,000 200,000 200,000 4789 Archival Fee-Devel Servs 36,723 24,976 22,353 22,000 22,000 22,000 LL 4715 CD Technology Fee 0 43,855 50,343 40,000 40,000 40,000 4779 Blanket Inspection Fee 0 0 1,168 0 30,000 34,100 4880 EMS User Fee 227,341 260,086 449,482 400,000 400,000 400,000 4798 Storm Drain Utility Fee 288,709 271,148 237,698 250,000 250,000 250,000 4799 NPDES Bus Inspection 0 0 7,001 6,100 15,000 15,000 4815 Weed Abatement 204,399 150,733 174.268 175,000 175,0001 175,000 x 4733 Prop/Building Abatements 740,701 765997 726,1641 600,000 700,000 750.000 w 4714 Planning Develp Project 483,683 301,612 164,841 . 200,000 200,000 200,000 M U) 4305 Annual Alarm Permits 213,266 202,957 200,394 260,000 200,000 260,000 4i 4780 Misc Develop Servs Chrgs 95,657 96,408 41,896 50,000 62,000 60,000 4766 Building Permit Review 67,470 U71,430 63,681 70,000 50,000 50,000 4720 Plan Review Fee 131,366 73,462 59,306 60,000 60,000 60,000 4784 Plan Subdivision File Fee 78,511 (19,356) 327 10,000 25,000 10.0 8 4785 Non Subdivision Str Imp 205,199 174,480 27,682 15,000 30,000 30,000 4711 PW Subdivision File Fee 174,315 28,548 18,629 10,000 30,000 20,0001 4718 Environmental 6,585 719 0 0 0 0 4735 Release Notice of Pendenc 4,354 7,316 18,502 18,000 15,000 15,000 4863 Class Registration Fee 6,219 6,865 6,158 6,500 8,000 8,000 4862 Park Energy Fee 4,312 5,095 6,742 6,000 6,000 6,000 4707 Passport Fees 99,200 67,458 72,032 75,000 55,000 60,000 4702 County Contract 487,000 487,000 487,000 487,000 487,000 487,000 4864 Swimming Pool Fee 59,111 51,483 68784 60,000 50,000 50.000 4861 Prognm/Facility Use Fee 65,5161 67,233 49,159 -60,000 70,000 70,000 4865 Non-Resident Fees 2,9181 2,767 1,502 r 3,0001 1,000 1!002 4710 Misc lanning/Building 1 144,2531 111,707 1 100,0001 60,0001 R 00 6 CITY OF SAN BERNARDINO GENERAL FUND REVENUE REPORT FISCAL YEAR 2011-2012 �� r ,� ..- -��ACTUA �-REVISED- PROPOSED ACTUAL G AL 2007-2008 200 4743 PD Towing Release Fee 450,035 543,470 366,285 360,000 360,000 518,900 4745 Code Tow Release Fee 0 960 5,261 5,000 5,000 5,000 4770 Crime-free Rants.Housing 0 0 0 0 0 104,100 4795 Signal Maint/Energy 19,534 33,089 20,104 20,000 20,000 20,000 4802 Str Light Energy Fee 5,993 16,800 2,938 0 D 0 4701 Election Filing Fee 24,306 1,064 14,874 0 0 20,000 4747 False Alarm Fee 54,035 55,806 50,944 71,400 , 71,400 100,000 4810 Misc.Development Service 21,842 6,936 3,373 5,000 5,000 5,000 4705 Utility Collection Fee 10,776 0 0 0 0 0 4708 Fire TraininqA greement 134,453 107147 69,380 65,000 79,000 104,000 4881 Paramedic Reimb Contract 259,129 410,445 385,005 380,000 380,000 355,200 4786 Certificate of Completion 0 1416-56 4,031 2,000 5,000 5,000 4752 Fireworks Regulatory Fee 73,893 67.233 65,756 60,000 70.500 67,000 4753 Fire Archival Fee 3,955 2,908 1,621 5,000 2,000 2,000 4754 Fire Business Occup Ins p 31,461 39,110 38,100 000 40,000 40,000 4755 Fire Rental Inspections 406,794 540,541 578,649 550,000 . 550,0 4709 Hazardous Material Fee 0 42,463 5,992 6,000 1 6,0001 1,000 4767 Single Family Rental Ins p 0 310,809 A499,594 1 700,0001 600,0001 600 000 w 4768 Adm Cites-SFRIP 0 0 149,182 110,0001 120,0001 120,000 a 5-a T7-4,WAZ E MISCELLANEOUS 4906 Water Fund Contr. 2,384,618 2,397,359 2,354414 4,025,400 2,600,000 2,672,300 4930 Sewer Contr.-Water 500,000 500,000 500,000 3,018,600 500,000 500,000 4931 Water Land Sales 89,431 52,782 0 0 0 0 fj) 4910 Admin Service Charge 352,300 384800 375,300 375,300 367,600 367,600 4901 Misc, Other Revenue 309,077 441,035 2488743 541,200 440,000 895,300 4912 Off Track Betting 132,632 110,107 91,986 100,000 90,000 100,000 4741 Sale of Photos[Reports 58,757 15,187 8,132 15,000 10,000 15,000 rn 4740-5 Police Misc. Receipts 794,747 882,574 1,005,530 752,600 . 900,000 900,000 . 4746 Property Auction 19,224 31886 12,186 7,000 71000 7,000 4911 Restitutions 21,619 11,468 16,542 20,000 15,000 20,000 m 4905 Litigation Settlement 57,957 13-5-18-81 1,317 0 10,300 0 :E x 4904 Drunk Driver Reimburmt. 32 0 0 0 0 D ILI 4742 Pistol Range Fees 0 0 26,895 0 96,000 50,000 4928 Booking Fee Reimbumit. 2,028 3,274 2,112 3,000 2,000 2.000 4750 Investigation Fee 13,692 43,010 35,236 45,000 35,000 45,000 4926 CID Reirnburrnt 0 0 125,438 100,000 100,000 0 E m 4933 Hemet Incident Recove 0 0 1,746 0 20 000 20,000 0 4937 Street Knockdown 0 0 Oi 17,800 10,000 �4924 Damage Clain Recovery 109,568 80,0C)o 8010200 6-fflk2001 L4 Mlcellahebtia-- 4�,7NMI 0 1 9;083,1 NVIR 5 1 I P--TOTAL GENEf,;N,%",A ,QNID 132,70 41,5,F52,4W]1 14�3M�� g 6 Packet Pg. 380 CITY OF SAN BERNARDINO OTHER FUNDS REVENUE REPORT FISCAL YEAR 2011 -2012 AGT9 T1G i0 ACTVAt; �3U4GET REVISER pR Pb$ DESCRIPTION 201 '�213AtT 9 2009 !11:,- -2(11U-.201 .° ` -2(171-2 'f'".f 2A1"I-20' i u5L1$RARY FUND 4618 State Aid-Libraries 78,7521 69,967 0 70,000 70000 30,C 4850 Miscellaneous Receipts 1 19 729 19,027 14,221 15,000 10,000 75,C 4851 Library Fines 52,770 39,619 26,264 30,000 20 000 25,C 4901 Misc Other Receipts 78,0001 oil 46,779 46,800 37,200 37,'e J�D6.CEMfFTERY.Et1f41M'. . 4505 Interest on Idle Cash 22,767 12,916 9,536 10,000 10,000 10 C 4775 Cemetery Burial Fee 68,393 20,928 22,715 20,000 12,000 10,C 4776 Sale of Vases 2,070 661 430 500 200 '. 4777 Sale Concrete Boxes 27,753 8,430 10 066 8 000 5,000 5,C 4778 Sale Cemetery Plots 65,482 8,389 4,687 4,000 2,000 2,1 4901 Misc.Receipts 2,000 2,000 0 0 0 of - TotatCeetery Fund 488, 53;324 4.3 ; m m m 1PB:ASSET FORFEITURE FUNQi, •< z d 4505 Interest on Idle Cash 8,968 1 8,869 10,965 8,000 8X0 I 8,C N 4672 Asset Forfeiture Federal DOJ 274,9261 149,916 391.668 150,000 350,000 1 250,( a 4927 Asset Forfeiture 119,252 138,897 114.934 75,000 75,000 1 75,C E ,,.ff,,r._tktot Asset,Forfelture Fund • ? ,t48' 297;'$182. 517,567 :2 i - . 453000: 335 , 1 1A' Lf,TYAB--217 -. �x . :•�= L` 4505 Interest on Idle Cash 3 056 942 522 1,000 1,000 1,C rn 4626 Rideshare Reimbursement 246,936 245 794 233,643 240,000 240,000 240,C m 4906 Water Department 5,100 5,200 5,200 5,200 5,200 5,< m 141-Air,.Ouality7AP 2766 fund 255;0 c ' 25 1 246,200 246,2M `--.. 246;2 a N N ,4180,RUG/GANG:fUND n 45051nterest on Idle Cash 6,566 1,368 1,248 1,000 _ 1200 1,2 4929 Asset Forfeiture-Drug/Gang 19,547 23,576 18,632 10,000 15,000 15,C TRsW RO GaiFund �26M, 311 24,944 ;:91880 ,r*,1,000: . 16,200.I 11 a t u 119r' ,ITYDEV$ OCKtGRANT w 46XX FY11-12 Allocation 0 0 0 0 0 3,229,E y 46XX FY10.11 Alloca0on Carryover 0 0 0 0 0 353,1 •• TotalDnJglGan ,Fund 0! `. -0 -are` 0: r, 3,58 y E s '24 ANIMAL CONTR0L,,PUKD 4320 Animal License 380,559 349,477 273,151 300,000 250,000 300,C 4 4352 Misc.License&Permits 2,755 1,175 1,025 500 500 5 4410 General Pines 36,759 26,595 15,460 14,000 20,000 25,C 4430 Animal License Penalty 47,770 37,150 20,700 19 500 25,000 25,C 4756 Animal Adoption Fee 56,968 47,233 39,190 35,000 35,000 35,C 4757 Contractee Shelter Fee 766,230 779,644 750,890 906,800 906 800 1,014,8 4759 Apprehension Fee 44,541 32,466 15,900 15 000 15,000 20,C 4760 Board Fee 31,894 14.723 16,154 17,000 14,000 20,C 4761 Field Service Fee 410 15 65 0 0 2 4763 Owner Release Fee 22,752 24,718 17,748 16,500 20,000 25,0 4764 Vaccination Fee 20,512 16,437 14,683 14,700 14,700 14,C 4765 Microchip Fee 0 78,654 24,315 24,500 20,000 23,C 4901 Miscellaneous Receipts 4,149 124 658 200 300 5 4922 Sale of Equi ment 0 0 0 0 0 _" mAm .`aL .• 1 fund '; :� 1:%;4d5.2 ..;r 1a..<.�_..: �t4$9:939-. i ;�'>,' ?;1�21v :... „a'T1, 6,,0 7 FPai CITY OF SAN BERNARDINO OTHER FUNDS REVENUE REPORT FISCAL YEAR 2011 -2012 I -T1-;V�RFVJSEp i AC - -4T AL BUDGED' �.REVJSErl PROPM qoW�� eQw, Rte_.,_, 1a2"P.ECIAL6AS TAXI 4505 Interest on Idle Cash 17,870 26,510 4,571 10,000 5,000 5S 4602 HUTA Pro p42 Replacement 0 0 0 2,046,400 2,056 700 2.276,( 4807 HUTA R&T 7360 0 0 0 3,227,500 0 4610 State Aid-2106 751,321 678,076 695,310 0 689,700 676.( 4611 State Aid-2107 1,620,600 1,467,881 1.493,358 0 1471,100 1,44M 4612 State Aid-2107.5 10,000 10,000 10,000 0 10,000 10,1 4614 Prop 111-Hi hwa Users Tax 1,211,055 1,102,887 1,120,482 a 1,105,400. 10831 4141 Reimbursement , 0,q 0 - , 0 T 001'z 6 285,354 3323,721; 337900 5,493 128.' RAFFJC�iSAFETY,FUND,,' 4440 CVC Fine 1,409,440 11 1,550,499 1,450,140- 1,400,( 1 9K637 qgo:022E, 700,000 267S 4441 Nester Red Lights 887,491 11 c . 2,29WM7-T;,--2,- -M Fa x MA12CENTSAI-ESIROA 4505 Interest on Idle Cash 180,145 62,098 33,285 35,000 35,000 3:5 C M 2 4NO 6FO 2,500,( �000 0 4613 112 Cent Sales Tax 3,077,896 2,570,323 M2,259,537 2,300,000 U242,500,( 0- E 4630 State Aid Street Construction 197,137 0 0 0 0 7: 4945 Construction Reimbursement 0 0 1,913,200 1,913,200 F 'a -7WA-78-FT-6-37-Aff NX, 2'535.0 M CefdSaleslRoad Tax F�ufd 2,535.0 F �S:E�ERLINE INTENANCIF.,. 05 I� t"est 0 15505 Interest on Idle Cash 209,8921 71,086 54,069 25,000 50,000 2-51( 2 1 120 Sewer Line Maint 3,053,718 1 3,059,926 3,122,218 3,100,000 3,200,000 4,175, LL ' n q tqi, Rebates 0 1 0 0 0 0 ,-se' 'and ,*netLa1n Maintenance n F, UOMASEBALL STADIUM 4505 Interest on Idle Cash 4,691 297 (178) 0 4924 Damage Claim Recovery 36)j 0 0 0 4901 Baseball Team Lease Agreement 89,6891 10,000 0 1 0 0 L u x alBasebafiStadi 81453-:v -lalli (17 If 1341 SQCCERF 4505 Interest on Idle Cash 8,135 5,033 4,110 5,000 5,000 57 4520 Land&Buildinc Rental 103,928 111.677 154,392 110,000 120000 120,C .I 4528 Sponsorships 0 0 0 8,000 4530 Rental Fee-Parking 240,756 211,236 206.611 200,000 180,000 200,C 4 4861 Program&Facilities Fee 67,696 85,555 77,560 70,000 79,000 80, 4862 Park Energy Fee 4,287 3,978 5,254 4,000 4,000 4, 4901 Misc Other Revenue 0 0 0 0 4,000 4,0 M,TbQSbccer Fields T- 435- OP 42 TRAFFIC CONG0,1STVW. 4P c. 4505 Interest on Idle Cash 43,234 9,647 16,421 0 0 1 4635 Traffic Congestion Relief 0 1.735686 1,649,954 01 4903 Refunds/Rebates 21,220 0 0 0 0 TAW01 Prop 42TierW4 Cyr j6§*W0t5hd Q 9 f*W Qi 11'�17,-Q, J033-FIR", - CATION 711 - ')13CFD1033 Special 557,901 567,898 567 800 567.800 567,5 05 Interest on Idle Cash 13,442 1 7.590 5,026 5,9001 5,900 5.9 D 1033-Fife Statibq Fund n:a 80; 3,:72KIN .573,700 _1W 5 71117. CITY OF SAN BERNARDINO OTHER FUNDS REVENUE REPORT FISCAL YEAR 2011 -2012 te ACTUAL - C AL - N;CTUAL c ,B DGET " REVISEC�3g'="- PRCPOS,,'K} FtfPT1ON• 2201 2006 - 2006-2009= • 2009-20.50 -`2D742Q3/ ':2010.20t11;a 2011- `=VERD,EM,(1MPROVEMENT FUND 45051nterest Cash 43,785 21,637 11 230 5,000 5,000 4512 Verdemfrastruction Fee 0 750 0 0 0 T.ptgl:U6fder "ovement)Fund 777,777757W 22387A 5,0000 5,q UCTURELCAN FUNQ<,, 24ZST',., •tDDNST.RUCTICN FUND, 4901 Misc Receipts/Refunds/Rebates 0 0 0 1,208,100 0 1,7024 4630 State Aid-Street Constr. 204638 0 0 6,227,900 3,999,800 4658 Federal Aid-FAU 867,957 1,888,984 22,458 22,160,900 4,783,800 17,377 1 4670 EDA Reimbursement 0 0 204,642 577,700 99 000 202,1 4671 IVDA Reimbursement 0 0 0 660,000 0 660,C 4677 Local Stimulus SANBAG 0 0 0 2,898,700 0 2,898,7 4945 Construction Reimbursement/Misc 437,490 149,316 821,685 4,084,400 0 3,584,4 e TitEalSttaetConstL,fund��_. r:�� '- _`. r..4K."a` _� ..«.-�:1;04k1E6$' `37;8si7;$00 �"8if182,SOA3 26;425,3 m x 243 PA1fCG4? STRUCTT m 4505 Interest on Idle Cash 26,207 1,607 12,826 5,000 5,000 5,( m 4620 State Aid Park Dev 50,145 610,016 0 1,432,400 728,800 1.120.f E 4651 Construction Reimbursement 0 0 0 0 0 - 4670 EDA Reimbursement 0 0 0 0 0 4732 Park Development Fee 70 0 0 0 0 .T•Play'P.aY,fZConsirtit{ utu3.7; . 76422;:' :. ., :x,2,$R6 K: 1ni437„-0i30 € „'"733,800; 1..126sf y m N X44>GEMETE#TY COI�,�4. .C:Tf1i3N FUNfl ` X05 Interest on Idle Cash 1 1,675 1 984 00 1,000 1,000 1C a 78 Sale Cemetery Plots 3,743 1 96 437 500 500 `. Total m .> MEW 5;& €,max 9i2 ; y 1 S,q : ' , 380 @. .. M ,y OW 245;$E-WERkiNE CDK1ST.RVATI0jj FUND'i -- 4505 Interest on Idle Cash 247,367 87,115 59,275 60,000 60,000 60,C a 4651 Construction Reimbursement 0 0 0 0 0 t 4821 Sewer Lateral Fee 0 0 0 0 0 x w 4822 Sewer Connection Fee 378,884 54,850 96,001 1 40,000 200,000 100,( m ;T ". %waawdo'coi att surldA ....,.fir Tz' r; 4 . . 75 D; c 246 PUBli1C;$MPRQ:VEMf'*F,l; FUNI'Te�� Viz` 4505/4509 Interest on Idle Cash 161,335 39,459 25,492 30,000 30,000 4902 Contribution 0 1 C1 0 0 1 0 z TotalPtlblic lmProverlientFund 161;835- tea$ =:..... ' 10'•= 25;492 ,'- �:3D' Il. �,N-1 247 CULTURAL DEVELOP FUND- 45051nterestonldleCash 48,352 1 25,442 10,321 1 15,000 15,000 I5,C 4335 Cultural Devel. Constr. Fee 610,202 312,711 134,859 100,000 160,000 200,0 LL,-i OW.J Co tut'a1 Devel Const Fund 658;554 5.0 248 STORM DRAIN CONSTR FUND 4505 Interest on Idle Cash 277,287 87,244 52,036 40,000 40 000 40 0 4651 Construction Reimbursement 0 0 277,463 0 0 4819 Area Drainage Plan Fee 0 '0 0 0 0 4818 Storm Drain Fee 2,316,118 288,874 161,333 100,000 160,000 175,0 TbtatStAm1,41ain 7430x832; 9 CITY OF SAN BERNARDINO OTHER FUNDS REVENUE REPORT FISCAL YEAR 2011 -2012 &,CTuAv , ACTUAL ACTU AL BUDGET REVISED PROPOS DESCRIPTION 2007_20tt,Wm 2010-2C 1_ 2010-2011 2011 2C{ TRAFFIC SYSTEMS CONSTR FUND 4505 Interest on Idle Cash 0 2,797 0 0 0 - 46_30 State Aid Street Construction 74,545 0 0 0 0 - 4658 Fed Aid Street Construction 0 0 0 0 4803 Traffic System Fees 0 0 0 0 0 4945 Construction Reimbursement 0 0 o 0 0 To tat Tr A cL$yst0'MgFvn4.V05 74545- 1237 5TY-WIPT75,79 (J 258 PROP IB,fUNDS' 4505 Interest on Idle Cash 99.565 1 78,846 36,591 45,000 45,000 4628 Prop 1B Revenue 0 1,280,400 1280,400 4945 Construction Reimbursement 01 0 71,4001 0 0 rn -Potal-FIAROP 1 B Fund .1397.01•T'T 4100l 7;9., OJT IM?ILAW«ENFOPCEMENTIMPAGT FEE.FDj I d -505 Interest on Idle Cash 1 2,074 1 3 042 1,765 4824 Development Impact Fees 1 97,6441 83,655 169,095 30,0001 40,000 40,C m W715,otall L*.-E_hfproement Impact Pee.K 99; ,727 E 262 FIRE PROTECTjQ_N1IMPACT*�,@� 4505 Interest on Idle Cash 12,469 9,034 8,591 8,000 8,000 S,C >, , 4824 Develoement Impact Fees 92 796 78,901 189,798 30,000 50,000 4901 Misc. Receipts 0 104,213 30,345 1 0 0 to 2� T-otat.FirerfroteclioriA actl7ja0fir 100 2 LL -MAMPAC -0 '-AT C "P 4505 Interest on rldl'e Cash 25,664 13,3521 7,830 10,000 5,000 2,C 1 4824 Development Impact Fees 408,782 1 60,883 1 28,623 10,000 20,000 20,( ji,,� ftf)Local`Circulation Impact,Fee, AMMWto 2** �.'e,35 14,4,REG(CiN8L-,CIRCULATiON.IL6�U�. x 4505 Interest on Idle Cash 333,418 152,266 106,458 100,000 100,000 50,C III 4824 Development Impact Fees 3,752,399 1 691 916 303,296 20,000 150,000 150, 4901 Misc Receipts-Loan Repayment 0 0 0 0 0 340,C Me loyal Impact Fee Fd, I 4O85,817 1 8_' B E 1.5 LIS RYFACILI-TIESIMPACT,FEr:$_:�D�I Interest""t on Idle Cash 1 1,744 339 1 294 500 1 1,0001 Is 4824 Development Impact Fees 1 57,826 9,378 10,000 25EOJCO:0��2rS,� Ask't, r,2 E taFL;bra ry Factliljes lmpactfee Ftf,'. 9,71 1266 PUBLIC MEE-nNGs.FACtMPACT FEE FQ',_ I 0"Mereston Idle Cash 1 4,569 3,26 02 3,500 1 3,5 148M Development Impact Fees 1 85,5101 14.10 10,000�� 10,000 10.0 a]R ubl ic M6ef1W,,F.ac Impact Fee F,�T 'j '90.,079.1, 117M 13,500 i%fi A QU I';A S CENTER FEE�FD� I I - P15 5-1n eTre;t on Cash 1 1,6801 1 00 212,0?g 1 4824 Development impact Fees 1 29.822 1 4� 4i,§3?8?9 1 5,000 12,0001 R Agualtics Center.,Jm0act Fee Fc! I- 31j_M,M, iAW-,1$A0PAKjfLAND,IMPACT FEE FD r Interest on Idle Cash 1 29,122 1 16,117 29,341 TO 4824-Development Impact Fees 1 723.6321 45,1441 985,741 ffil (())(( A Fd �752,75+ 1=3,082 315,000 I 10 FPacket Pg. 384 CITY OF SAN BERNARDINO OTHER FUNDS REVENUE REPORT FISCAL YEAR 2011 -2012 ACTUAL �vACT1j ACTbAL':; 9UDG4T `REVISED PROPO$ DESCRIPTION. ? 200740d �91'>8;309. S:C PO -"2q'@ . 30tH-^�td11` ..,..491911 .207130` 269 zilYlpl6 ACT 7?ARKLAND,IMPACT FEE F+,4 4505 Interest on Idle Cash 2,886 3 911 4 194 3,0001 5,000 5,0 4824 Development impact Fees 20,064 76,504 94,995 10,000 5,000 5,0 .. 99;x`-. J- 3f .. . .,.. :nt�t ZtWm Act:Parklantl lmPactFee Ft1 '`- 22, ', . ... .-_. .,.,._ 527 REFUSEF(:IND 4505 Interest on Idle Cash 58,284 19,127 25,350 25,000 25,000 2,1 4830 Commercial Rubbish 72,425 64,822 49,395 56,800 3,000 3,6 4831 Commercial Bin Rent 93,581 25,599 601 500 500 8 4832 Commercial Bin Service 9,803,805 10 140,807 10,561,275 11,550 000 6000,000 5,079, 6 4833 Commercial Special 1,607712 1,129,203 1,178,787 11100000 1,900,000 1,214,7 4837 Automated Commercial Rubbish 0 0 0 0 3,820,400 4,220,2 4840 Residential Water Billed 8,856,698 9,418,919 10 155,752 11,200,000 11,275 000 13 542,9 4841 Residential"S"Accounts 1,155,599 1,324,896 1,328661 1,513,300 215,000 - 4843 Dino Bin Service 2,531 429 2 830,053 2 509 371 2 500,000 1,515,000 1,958,4 y 4844 Commercial Penalties 21,410 19,274 34,659 21,000 3,000 3,8 T 4845 Residential Penalties 2,056 1,849 2,112 2,000 500 4 a 4846 Recycling Receipts 185,524 224,240 253,68D 225,000 225,000 160,7 m 4901 Miscellaneous Other Revenue 737,752 689,985 442,168 500,000 500,000 607 7 E 4922 Sale Salvage Mater 62,370 86,253 (130,408) 30,000 0 Refush FUTO 821:CENTRAL SERVICES F .ND 84,262 T'19I973'- 165 b00 a' '$ 9q 165.,4 m m N 629 LIABILITY iNSUR¢NCE FUND C5 Interest on Idle Cash 1 171,085 1 74,191 50,468 30,000 30000 30,0 a i .397 Interdepartmental Receipts 3,244,500 3,082,400 3,075,900 2,961,600 2,961,600 3,123 c N Total Liabtli .¢IS"rand�'F�urtds'; . :: 3 5,5. 3,15659t .;- 3,Td; g 2,991';600:.1 .2 OMMMMN 1° 630 TELEPHOfJE SU ART.`. -1.1 D-z, - 4893 Water Dept.Receipts 131,688 119,127 102139 110,800 .110,800 76,7 .0 4670 Economic Development Agency 3 499 1291 1,445 5,000 5,000 716 's 4897 Interdepartmental Receipts 752,498 423 450 506 395 599,000 599,000 1120012 w 4901/4903 Mlsc/86ETA/Asst Districts 18,228 11 999 7,531 8,200 8.200 5,C M Total Telephone-sup rtFund,.,.,M_ €:.. 'ARW 554;705 617510 c m 831,UTILITY FUND+. s 4893 Water Dept Receipts 0 0 0 0 0 m 4897 Interdepartmental Receipts 3,974,360 3,850,201 3,957,400 3 fit8,400 3,618,400 3.544,6 t; 4903 MisGAsst Districts/LED Reimb 0 0 196,000 197,000 197,000 170,3 4 `Total Ufiliry Fiiritl; 0 'Fa1_.. 00 a. 3815,40Qd; :3:81514 44;9 635 FLEK:SEJRVJCEB 4670 Economic Development A en 121479 11,261 15,782 12,500 12,500 1,s 4897 Interdepartmental Receipts 9637,571 71120,565 8,733,555 7.328,200 7328,200 6.750,3 4901 Misc/Asst Districts/SBETA/Sr Nutrition 0 89,914 104,549 50,200 50,200 56,8 4903 Refunds/Rebates - 61,161 0 592,951 0 400,000- 816,0 T$'";` cF7eet Services Fund MAW 67 E IzX .,ENSAT10, 4897 Interdepartmental Receipts 3,593,010 3,478,694 3,458 461 3,347,500 3,347 500 3,494,3 4908 Water De artment 322,656 295,959 220,854 350000 350,000 350,C 01 Misc Receipts 16,850 941 216 0 0 r'Com nsagolf: � 16- 3,775:594. 11 Packet Pg. 385 CITY OF SAN BERNARDINO OTHER FUNDS REVENUE REPORT FISCAL YEAR 2011 -2012 ,ACTUAL ACTUAL ACTUAL 'BUbG � .I�EVISED PROPOS .:.�'R.E ,Cs1120N 20072008 20082009 2009-2010 •. 01tt�A'11- '201flW2f4 �,�2(7AA-20 INFORMATIM, TECHNOLOGY FUND 4670 EDA Reimbursement 0 0 0 61,900 61,900 51,4 4673 Water Reimbursement 668,306 710,700 539,600 522,600 522,600 461 1fr 4897 Interdepartmental Receipts 3,776,200 3 444,400 3,147,900 3,032,800 3,032,800 3,934,C 4901 MiscBBETAISANCAT/IVDA - 10,652 366,326 6,181 700 700 1,C „ 'I , and �-;? . " 4455,1581 4521,438: '`36'tS.il0,0". x:.'3,675,..... k,+ .`RM •T>AL �_ .�..�. F:i784Ti 111.: 72.840668 �9,,.- .$�- �il`f0'�95, ' 7�xA'fY,'h[�CTt-'.;7bD,687� d x v N A 4 E T d R N d LL N N M 9 S X W m N C U E L U W a 12 Packet Pg. 386 CITY OF SAN BERNARDINO 6..A.b HISTORICAL SUMMARY OF REVENUES BY FUND FY 2006-2007 THROUGH FY 2011-2012 .�, i-« pt;,1'UA, ; A'GTUA.L ! AC'TUAL,, Y�CTISAI fS'�1 A7E6 PROPOSED WK 2008;.16 2410=+'61'r 20x1-2412 001 General Fund 130,255,049 192,795,604 124,747,503 116,659,647 115,252,400 114,365,900 105 Library Fund 187,756 229,045 128,613 89,264 137,200 107,200 106 Cemetery Fund 188,053 186,465 53,324 47,436 29,200 27,500 107 Cable TV Fund 83,036 81,918 4,348 0 0 0 108 Asset Forfeiture Fund 252,884 401,597 297,682 517,567 433,000 333,000 111 Air Quality AB 2766 Fd 251,739 255,092 251,936 239,365 246,200 1 246,200 118 Drug/Gang Fund 24,453 26,113 24,944 19,880 16,200 161 200 119 Comm Dev Block Grant 0 0 0 0 0 3,583,000 121 SBETA 01 0 0 0 0 2,363,600 124 Animal Control Fund 1,361,664 1,415,249 1,408,411 1,189.939 1,321,300 1,503,000 126 Special Gas Tax Fund 4,008,311 3,610,846 3,285,354 3,323,721 5,337,900 5,493,300 128 Traffic Safety Fund 1,843,217 2,296,931 2,407,920 2,434,777 1,900,000 1,667,000 128 112 Cent Sales/Road Tx 3,430,097 3,455,178 2,645,865 2,292,822 4,348,200 2,535,000 132 Sewer Line Maint Fund 3,250,296 3,263,610 3,144,485 3,176,287 3,250,000 4,200,000 133 Baseball Stadium Fund 89,190 86,144 10,000 (178) 01 0 Z 134 Soccer Fields Fund 335,256 424,812 417,479 447,927 400,000 413,000 135 Prop 42 Traffic Congst 1,508,404 64,463 1,746,333 1,866,375 0 0 w 137 CFO 1033-Fire Station 40,719 80,097 565,491 572,922 573,700 573,700 A 208 Verdemont infrastr Fd 181,569 43,785 22,387 11,230 5,000 0 °- E 240 Infrastructure Loan 5,535,200 0 4,163,641 0 395,200 0 242 Street Constr. Fund 649,258 1,510,085 2,038,300 1,048,785 37,817,700 26,425,300 243 Park Constr. Fund 1,458,184 76,422 611,623 12,826 728,800 1,125,800 244 Cemetery Constr Fd 5,069 5,418 1,280 1,167 1,500 1,500 V? 245 Sewer Line Constr Fd 1,025,064 626.251 141,965 155,276 260,000 160,000 u1 246 Public Improv. Fund 639,553 161,335 39,459 25,492 30,000 0 247 Cultural Development 1,030,264 658,554 338,153 145,180 175,000 215,000 u. 248 Stone Drain Constr Fd 1,772,477 2,593,405 376,118 490,832 200,000 215,000 N 250 Traffic Syst.Constr Fd 357,505 74,545 2,797 0 0 0 251 Other Assessmt Distr. 46,116 47,578 66,495 67,307 17,700 17,000 254 Landscape Districts 826,921 1,046,339 1,342,117 1,437,228 1,287,700 1,072,000 257 AD 994 Citywide 8,418 3,169 0 0 0 0 a r 258 PROP 1B Funds 0 3,397,011 1,982,646 1 107,991 1,325,400 0 w 261 Law Enforcement Dev 209,956 99,718 86,727 170,860 43,000 42,000 rm 262 Fire Protection Dev 213,048 105,265 192,148 228,735 58,000 55700 263 Local Circulation Syst 355,090 434,446 74,235 36,453 25,000 22,000 y 264 Regional Circulation 2,215,772 4,085,817 844,182 409,754 250,000 540,000 E 265 Library Facilities 39,831 59,570 9,717 86,266 26,000 26,000 266 Public Meetings Fac 52,544 90,079 17,369 141,205 13,500 13,500 G 267 Aquatics Center Fac 20,364 31,502 5,978 45,011 14,000 14,000 268 AB 1600 Parkland 397,909 752,754 61,261 1,015,062 315,000 90,000 269 Quimby Act Parkland 53,995 22,952 80,415 99,189 10,000 10,000 305 AD 986 Industrial Pky 81,967 66,015 75,333 283 0 0 306 AD 987 Verdemont 65,850 54,552 59,874 65,567 52,800 52,500 311 Fire Station DS Fund 162,736 26,836 11,960 0 0 1 0 356 AD 356 New Pine Ave. 67,008 . 74,016 62,014 70,819 68,300 68,300 527 Refuse Fund 24,342,750 25,208,645 25,975,027 26,411,403 25,482,400 26,792,900 621 Central Services Fd 256,783 221,253 184,262 149,973 142,400 165,400 629 Liability Insurance Fd 3,323,414 3,353,484 3,156,591 3,126,369 2,991,600 3,153,900 630 Telephone Fund 954,396 905,912 554,705 617,510 723,000 1,289,700 631 Utility Fund 4,293,139 3,974,360 3,850,201 4,153,400 3,815,400 3,714,900 635 Fleet Services Fund 6,850,492 9,711,211 7,221,740 7,446,837 7,790,900 7,625,000 678 Worker's Comp Fund 3,817,658 3,932,516 3,775,594 3,679,531 3,697,500 3,844,300 679 Information Tech. Fd 4,525,481 1 4,455,158 4,521,428 3,693,681 3,618,000 4,448,300 GR�NATO 7?1�,9?��a,5D�'; 2i�58�^J ;'ry2061d07d3Q '188,028,d1�, 2��:fi?6."tS1t� ,'218x627,200- 13 Packet Pg. 387" CITY OF SAN BERNARDINO HISTORICAL SUMMARY OF EXPENDITURES BY FUNDIDEPARTMENT FY 2006-07 THROUGH FY 2011-12 ACTUAL ACTUAL ACT A 1282,DD0 DESCRIPTION :2006-07 -.2007.08 2008A9 General Fund: Mayor 963,616 945.939 805,567 806,091 696,900 Common Council 512,077 507,747 488,217 472,961 542,900 City Clerk 1,537,569 2,115,628 1,617,503 1,888,917 1,558,800 City Treasurer 165,035 168,950 209,461 197,763 202,200 0 City Attorney 3,112,729 3,490,670 3,609,499 3,457,097 3,908,900 0 Code Compliance 3,575.779 3,967,418 4,116.077 3,224,002 0 0 General Government 9,727,846 8,264,823 6,808,278 7,223,211 2,853,100. 0 City Manager 752,455 847,747 990,923 1,002.141 1,179,700 0 Human Resources 395,191 436,090 440,359 476,406 541,500 614,300 Finance 1,446,573 1,639,392 1,588,330 1,541,031 1,599,200 2,518,400 Civil Service 327,275 384,159 292,656 283,797 288.800 365,400 Community Development 0 0 0 0 6,782.200 5,651,100 Development Services 5,756,444 6,038.894 5,086,697 3,889,599 0 0 Fire 31,984,232 34,220,758 35,019,831 32,974,795 32,530,900 30,927,600 Police 58,035,937 64,933,493 65,625,095 59,668,889 61,209,900 61,161,400 Facilltes Management 4,285,081 3,994,018 3,444,570 3,236,805 0 0 Parks,Rec,8 Comm.Svcs 5,878,522 6,559,685 5,765,815 4,301,541 5,251,300 5,116,900 Public Services 5,761,861 6,109,959 5,233,174 4,892,927 0 0 c Public Works 0 0 0 0 8,245,100 8,756,800 A G atah£ NS;4;; 3iktl ;35, 7,fi1..' WWW ,7 ='4271` .: , ,993.30A m 105 Library Fund 2,884,881 2,983,878 2,910,274 2,173,088 2,138,1 DO 2,173,200 = d 706 Cemetery Fund 164,072 180,684 137,294 165,204 791,500 161,900 al 1 able fund 5 4 ,1 69,7 0 0 m OB Asset Fo enure Fund ,i 8 , 2 458, 00 Q- t11 Air Quality AB 2766 Fund 81.818 106,966 70-507 1 1 0 11 ,7 118 OnaglGang Fund 55, 4 2 1,88 0 � 119 Comm Dev Block Grant 0 D 0 3,583,000 127 SBETA 0 0 0 124 Animal Control Fund 1,726,146 1899,909 1,899,495 1,500,589 1,623, 0 y 126 Special as Tax Fun 1, 1, 1 5,497 229,412 2,25§-,10T---2-f4. m 128 Traffic Safe Fund 0 0 900,541 850.0 7,000 to 129 1 2 ent ales/Road Tax 2,61 ,909 3,7 9 2,935,098 1,9 5, 0 .9011 5, ,50 132 Sewer Line Malnt.Fund ,2 , 52 3,996.671 4, 3, 1 2,997,57 4, 1 -784,20 E 133 Baseball Stadium Fund 1 1, 32 7 -059 7 0 tv 134 Soccer Fields FUnq 54,01 328, 1 1 75 3 ,14 44 , 444,300 b 136 AB 292 Traffic Congest. 52 ,149 286,754 1,531,75 1,797,200 1,041, in 208 erdemont Infrastructure 0 0 195.047 707, DO 25,900 211 Fire Equip Acquisition Fd 0 0 141,364 7 78 98.100 80,000 240 Infrastructure Loan 4,194,787 558,246 9 ,747 0,508 0 242 Street Construction Fit 1.76UN7 3,019,072 ,644,466 31,578,90 =, O ar Construction Fit 1.415,397 1,434.568 257,230 90,678 4, 77176-00 W 2 emote Constr.Ftl 0 0 5,000 m 45 Sewer Line Constr. 549,588 52 7 ,304 311, 35,860 4,108,60 0 ca 246 Public lmpr.Fun 1,4 ,it 7672,224 862,621 ,767,400 81, 0 248 Storm Dram Constr.Ftl 4 ,5 5 9 5 50 7,g T I=, O 250 Traffic Systems onstr q 1, 560,792 98,94 0 is 251 Other Assessment Districts 38.398 =. ---T5-83 T5- 65.505 17.700 17,000 L 54 Landscape Districts 09,44 91 t, 1, , 4 1,287,700 1.272,000 U 25 rop 15 Fund 55 B ,1 409 261 Law Enforcement Devel 210,519 86,4 4 ,4 7 200, 6$ 14 ,7 Q ue Protection ve 2 Local Circulation ystem IWW 75,506 19T086 0 514,400 264 Regional Cuculafi5n Sys 96.604 1713,111 5,569,50 6,100 265 Library Facilities 8 ,601 8,094 30,989 83,000 42,5 266 Funlic,Meetings Facilities 0 0 T 0 0 267 Aquatics Canter Fee 0 0 0 0 0 268 AB tiled Parkland -7-Tr 71,448 ---67r44- 7,6 D 7179,200 269 Quimby Act Parkland 0 0 0 0 50,000 4 , 0 306 AD 985 Industrial Pky 67,810 70,461 12-7-46r 0 0 306 AD 987 Verdemont Area 62,906 63MT ,77 6570 ,7 311 Fire Station DS Fund 75,272 77,6 76 0 356 AD 356 New Pine Ave. 55,906 42,D41 3,455 32.573 36,200 36, 0 527 Refuse Fun -"7W 22, 4 4 2 ,397,485 23.55 3.75 ,4 22,81 ,300 621 Central Services Fund 2 228,4 0 1 ,4 629 Liability Insurance-Fund 7 ,7 ,834 2.60 ,1 2,89 ,1 63o Telephone Support U 778, 7 7, 2 813,225 763,100 1, 4 OD 631 Utility Funtl 4,328. 5,9-X747 4 4 4 4,07 ,1 81,000 -M-8=350- 635 , Fleet Services Funtl 8,069, 7, ,7 t 7,137,171 ,4 ,ODD 7,685, 678 Worker's Comp. 3,639,447 3,491,533 4,157,916 4,260, 4,005.300 3, 5,900 6791nformation lechnology 4,231.969 4,734,637 1 3,747,208 3,664,700 1 4,4 Oo, ; 72 1996953$7,. 10 tiA 11A a me cram .:,m.iea ewmum ..wbea: mum.aonrumooe.- - Packet Pg.388. 14 CITY OF SAN BERNARDINO EXPENDITURES BY CATEGORY-PRIMARY FUNDS BY DEPARTMENT 8 FUND FISCAL YEAR 2011-2012 ` P�RSANP.1 .TPRII.S,CON TRACT INTERN>;SL .:CAPITAL -:-D 'fiR/U{T,- TOTAL "!. . ... .FUNI0TITLE z- .SS:' ;SE1zY10ES=7 !ERAT SERVICE-_. SERVICE;. :OUfLA BE =E- :=QREb TZ. EXPENSES^ 010 MAYOR 558,000 81500 56,400 109,900 41200 764,600 020 COMMON COUNCIL 481 800 43200 91.D00 616,D00 030 CITY CLERK 576 100 32,100 704 2DO 132 8DD 1,445,200 040 CITY TREASURER 180,600 11300 4,400 14100 210.400 050 CITY ATTORNEY 2 671 200 183 800 81,700 86,100 3.200 3,026,000 090 GENERAL GOVERNMENT 100,000 495000 1,587,700 1758500 3741,200 100 CITY MANAGER 1,136,100 34,800 6000 105300 1282000 108 CIVIL SERVICE 288400 6,200 70,800 365,400 110 HUMAN RESOURCES 1 462,800 32,7001 10,000 108,800 614,300 120 FINANCE 2161,500 107,400 641 000 316,000 700 131200 2,518,400 180 COMMUNITY DEVELOPMENT 3,513,700 423.100 9063W 796,000 12,000 5651100 200 FIRE 28.382,100 754,700 284300 2045,400 71,200 1,214800 1,604,900 30,927,600 210 POLICE 54,536,000 1281700 695,300 6,646,100 25000 2,170,700 4173,400 61,161400 380 PARKS B RECREATION 2,657,900 413,400 587500 1,458,100 D 5116,900 400 PUBLIC WORKS 3.365,000 1,130,800 1.246,000 3,012,500 2,500 8,756,800 c_ "ImmMm,mmmW7£7 IBM :.. ,. ' 74,„'99 , 105 LIBRARY FUND 1542400 350,700 15,800 264,300 2,173,2DO C 106 CEMETERY FUND 109,000 18.700 15 DDD 13,200 6 000 767 900 _ 108 ASSET FORFEITURE FUND 155900 87,600 200,200 15, OD 458,600 4`q1 111 AB2766 AIR QUALITY 95 700 21,400 4,500 4,100 115.700 = 118 DRUGIGANG FUND 26,000 5000 30000 y 121 SBETA 1135700 921,900 250,400 25,400 30200 2383.600 w 124 ANIMAL CONTROL FUND 1,170,000 110,000 73,400 497,900 100000 1,951,300 O. 128 TRAFFIC SAFETY 117000 117,000 E 132 SEWER LINE MAINT 1323,800 314900 525,900 2,448200 171400 4784.200 133 BASEBALL STADIUM 0 .0 134 SOCCER FIELDS 273,500 73,200 17,700 47,900 32,000 444,300 F* :..z. S ,50 .:.° ,°,. 3 126 SPECIAL SPECIAL GAS TAX FUND 0 0 2,242,900 0 0 0 0 2,242.900 m N 729 112 CENT SALESlROAD TAX 0 D 5.946.500 0 0 0 D 5946.500 y 135 A32928 TRAFFIC CONGESTION 0 0 1,041,900 0 0 0 0 1,047900 a 208 VERDEMONT CAPITAL PROJ 0 0 325,900 0 0 0 0 325,900 241 PARK EXTENSION FUND 0 0 0 0 0 0 0 0 t`7 242 STREET CONSTRUCTION 0 0 22,824700 0 0 0 0 22,824700 n 243 PARK CONSTRUCTION 0 0 1713,600 0 0 0 0 1,713,600 244 CEMETERY CONSTRUCTION 0 0 5000 0 0 0 0 5,000 245 SEWER LINE CONSTR 0 0 3877500 0 0 0 0 3,877,500 246 PUBLIC IMPROVEMENT FUND 0 01 1 000 0 0 0 0 681.000 a 248 STORM DRAIN CONSTR 0 0 3238,902 D 0 0 0 3.236,900 k 250 TRAFFIC CONSTRUCTION 0 0 D 0 0 0 0 0 W 258 PROP 18 FUND 1 0 01 2,294,8001 ol ol of 0 2,294,800 m 261 LAW ENFORCEMENT DEVEL 0 0 0 0 148,700 0 0 148.700 N 262 FIRE PROTECTION DEVEL 0 0 5,000 0 0 155,300 0 160,300 t 263 LOCAL CIRCULATION SYSTEM 0 0 514,400 0 0 0 0 514,400 264 REGIONAL CIRCULATION SYST 0 0 6766,100 0 0 0 0 6766,100 265 LIBRARY FACILITIES 0 42,500 0 0 0 0 0 42,00 Q 266 PUBLIC MEETINGS FACILITIES 0 0 0 0 0 0 0 0 267 AQUATICS CENTER FACILITIES 0 0 0 0 0 0 0 0 268 AS 1600 PARKLAND 0 0 1,179,200 0 0 0 0 1,179,200 269 QUIMBY ACT PARKLAND 0 0 47,800 0 0 0 0 47,800 -4N:- T, 2> 'D s ,7a.4 w 9 '0 527 REFUSE FUND 11 6,405,500 6,725,100 li 1,147,000 li 5,247,300 1 2,500 1 817,300 621 PRINT SHOP 52,900 103.200 5,000 4,300 165,400 629 LIABILITY FUND 322,500 2,637,600 24,000 22,000 3,006100 630 TELEPHONE SUPPORT 437,800 751800 4,500 48,000 1,242,100 631 UTILITY FUND 53,100 3,639,800 1,600 87,800 3,682,300 635 FLEET SERVICES 1,965,100 4,384,000 138,000 315,700 324,100 558,100 7,685,000 678 WORKERS'COMP FUND 519,600 2,941.400 231,000 43,900 3,735,900 679 INFORMATION TECHNOLOGY 1.832.400 1,191,800 532,000 65,600 617,400 4,439,200 Ibjb5,7U%l 2-38;1320000 15 Packet Pg. 3S9 CITY OF SAN BERNARDINO DETAIL OF INTERFUND TRANSACTIONS FISCAL YEAR 2011-2012 TRANSFERS - IN TO GENERAL FUND emu; *From Special Gas Tax For- 3,620,000 Street Maintenance - $3,130,000 Street Lighting -$490,000 *From Traffic Safety For- 1,400,000 Police Costs-$1,400,000 *From 1/2 Cent Sales & Road Tax For- 1,350,000 Administration - $250,000 m Street Maint. - $500,000 Street Lighting -$600,000 _ d *From Cultural Development Fund For- 357,000 Fine Arts and Civic Promotional Costs *From Storm Drain Construction For- 132,700 Administration A m *From Refuse Fund For- 3,721,800 y d Administration - $2,690,700 2 Lease City Yards-$600,000 N Lease City Hall - $55,200 M NPDES Coord. Position -$66,600 Graffiti Program-$239,300 Tree Trimming - $70,000 X *From Sewer Line Construction For- 225,000 W m Administration w *From Sewer Line Maint For- 1,510,900 L Administration - $1,027,800 U Right of Way Charge-$483,100 a *From CFD 1033-Fire Station For- 573,700 Maintenance and Operation Costs *From AirQuality-AB 2766 Fund For- 70,000 Traffic Engineering Costs 40,000 Maint/Fuel for Alternate Fuel Vehic 30,000 TOTAL GENER4LFUN:D 1,77 r„u a I 16 CITY OF SAN BERNARDINO DETAIL OF INTERFUND TRANSACTIONS FISCAL YEAR 2011-2012 TRANSFERS - IN TO ANIMAL'ICONTROL FUND. *From General Fund For- 449,100 Operating Costs TO LIBRARY FUND: *From General Fund For- 2,066,000 Operating Costs TO RFf USE-FUND`. *From General Fund For- 65,000 6 Street Sweeping c d u TO CEMETERY LINP y *From Perpetual Care Fund For- 134,400 A Operating Costs E TO LANDSGAPE-MAINT DISTVRIOTS *From General Fund For- 200,000 m Operating Costs N d LL TOTAL OTHER FI)NQS, $2,914,509' M GRf�N TOT?LTRANSFIRRS-IN $15,8,75,600,1 L X W m U) C d E z v Q 17 Packet Pg 391 CITY OF SAN BERNARDINO DETAIL OF INTERFUND TRANSACTIONS FISCAL YEAR 2011-2012 TRANSFERS - OUT FRO -GENERA1 fU1VD, *To Animal Control Fund For- $449,100 Operating Costs *To Library Fund For- 2,066,000 Operating Costs *To Landscape Maint Districts For- 200,000 Operating Costs *To Refuse Fund For- 65,000 Street Sweeping `- d F O Al-GENE A FUIS .1D r - FRQ1tS� �'FAtGAS.�'A�t -' £ *To General Fund For- 3,620,000 Street Maintenance Costs - $3,130,000 c Street Lighting Costs - $490,000 D m is FROM TFRAFIR-1f,SAFETY. *To General Fund For- 1,400,000 LL Police Costs- $1,400,000 w M FR�1vl;1J�GENT SP:(r}?S/ROA'fa1 TAB: `: *To General Fund For- 1,350,000 t Administration -$250,000 x w Street Maint- $500,000 m Street Lighting - $600,000 c a FROM'.CtJLTiI D! VELOPrENT E s *To General Fund For- 357,000 m Fine Arts& Civic Promotional Costs a FR,pCSTflI�l�1}t?;RAtN *To General General Fund For- 132,700 Administration of Fund 1$ Packet Pg 392" a c a x A A A A a E T d A N A LL N N M N N :o z x W c E E s U A Q EXHIBIT 2 Packet Pg. 393 ATKINSON, ANDELSON, LOYA, RUUD 6, ROMO A PROFESSIONAL CORPORATION FRESNO RIVERSIDE 15591 ATTORNEYS AT LAW men 122 155912266700 FX COS 1))eG}114 4 FM 165.12269 16 1 2800 CENTER COURT DRIVE, SURE 300 IRVINE CERRROS, CALIFORNIA FORNI 907039384 SACRAMENTO Af4E NTO 1949)4634260 (6e2)653-3200-(714) 826-5480 6i QIGI QR 212 FA%19491 4 5 34 26 2 FW(ID 1619231222 PPFASANTON RAN DIEGO 1929)2274200 FAX(562)653-3333 166614569526 I'M(925)227-0202 WWW.AALRR.COM FW tam 466-9412 OUR FLLE NUM62A: 005119.00000 1826141 v1 pTA EMAIL P0AATT0RNEI7(a/40L.00M,FACSIMILE AND FIRST CLASS MAIL rn Corey W. Glave,Esq. 1042 2nd Street d x Hermosa Beach, CA 90254 Re: Citv of San Bernardino 2011-2012 Neeotiations A Dear Mr. Glave: T On behalf of the City of San Bernardino, I write to schedule a meeting to meet and confer d regarding wages and other items that are within the scope of bargaining as a result of the y upcoming 2011-2012 budget. As you are aware, the City continues to face a fiscal crisis and would like to work with the Association to find a mutually-agreed upon solution. N N For your information, I am available on May 16 from 9 am. to 11:30 a.m., May 18 from 9 a.m. to 5 p.m., and May 20 from 9 a.m. to 5 p.m. I hope that you and your team are available on one of these days and times. N Sincerely, s x W ATKINSON,ANDELSON,LOYA,RUUD&ROMO N Irma Rodriguez Moisa a IRM/ab cc: Linn Livingston(via email only) Page 1 of a � * Irma Rodriguez Molise From: Poaattorney@aol.com Sent: To: Irma Rodriguez Moisa Subject: San Bernardino City Professional Firefighters: Request for Meet and Confer Ms. Moisa, We are in receipt of your May 4, 2011, letter. First, we noticed that the wording of this letter is significantly different from the letter that began negotiations last year. Last year,you referenced negotiations for a successor Memorandum of Understanding and asked to begin negotiations and establish ground rules. This year your requested a meeting to meet and confer regarding wages and other items that are within the scope of bargaining as a result of the upcoming 2011-2012 budget. Please let us know why the difference in the language and if you are simply seeking one meeting or to negotiate. v Next, as you are well aware,wages for the Firefighter are governed by San Bernardino City Charter Section = 186, so we must inquire what exactly is the City requesting a meeting for? a Finally, please be advised that the limited dates you provided,with less that two weeks notice, are not dates E that I am available due to my schedule and legal obligations (including matters involving the City of San r Bernardino). As you may be aware, there are a number of civil and administrative actions pending in the month a of May and June between the SBCPF and the City that will make it difficult, if not impossible, to schedule any T meetings in the month of May.The first open date I have is June 17th; please let me know if that is a good date w for the City's team to sit down and come up with the ground rules for these negotiations. rn v Very truly yours, LL N Corey Glave M Attorney at Law — Cell: 323-547-0472 Fax: 310-379-0456 - w w This electronic mail transmission, including any attachments, may contain confidential information which is a legally privileged. This information is intended only for the use of the individual or entity named above and may contain information that may be protected by the attorney-client privilege, work-product doctrine, or other w privilege, and may be restricted from disclosure pursuant to applicable stated and/or federal law. If you are not • the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail information in error, please E notify the sender immediately and permanently delete all copies of the original e-mail and any attached r document(s). Corey Glave,Attorney at Law, does not accept or consent to the service of process, motions, pleadings, documents or any other items by electronic format. Correspondence via electronic format does not indicate an agreement or consent to acceptance of service in such format. Thank you and have a great day. 10/31/2011 Packet Pg. 395 Page 1 o Irma Rodriguez Moisa From: Poaattomey@aol.com To: Irma Rodriguez Moisa Subject: Re: City of San Bernardino [AALRR-CERRITOS.005119.000081 Ms. Moisa, I haven't been able to respond with dates as I am waiting to see if a trial set for June 21st is going forward and if and administrative hearing scheduled for the following week is also going forward. This would take up the final two weeks in June. Do you have dates available in July? rn Also, the Union still needs information requested earlier. As explained in my prior communication, we noticed that the wording of this letter is significantly different from the letter that began negotiations last year. w Last year, you referenced negotiations for a successor Memorandum of Understanding and asked to begin = negotiations and establish ground rules.This year your requested a meeting to meet and confer regarding m wages and other items that are within the scope of bargaining as a result of the upcoming 2011-2012 budget. a Please let us know why the difference in the language and if you are simply seeking one meeting or to E negotiate. This is important as we need to know what team to put together(as you know, the Union uses — different personnel for different issues). e Next,you indicated that the City is still experiencing a fiscal crisis. Is there a projected deficit going into fiscal d year 201112012, and if so, how much is the projection? What level of cost savings is the City looking to obtain w from employees as it relates to the City's fiscal/budget crisis? m Very truly yours, r` N Corey Glove ^ Attorney at Law n 1#'fime, IMoisa@aalrr.comwrites: N� Corey: L x W a 1 was not aware that there are other matters between the City and the Association that are on calendar for full days in the next month. Nonetheless, I can appreciate that we all have events that are already E 6 calendared. m z Unfortunately, I am not available on June 17, 2011 as my son is graduating from middle school that Q day. Can you provide other dates in June when you and your team can meet? As you know, the City continues to face a fiscal crisis and is budgeting for ten percent labor cost concessions by all bargaining groups in 11-12. Therefore, we consider time to be of the essence and the City would like to reach agreement on an MOU for FY 11-12, While we understand your position regarding City Charter section 186, the City would like to meet its obligations under the MMBA to meet and confer to achieve labor cost savings in FY 11-12. Please let me know when we can meet. Irma Rodriguez Moisa Partner I Atkinson,Andelson,Loys,Ruud&Romp Office(562)653-3200•Deed(562)653-3503•Direct Fax(562)553-3657 imoisa@aalrr.wrn I vcard I trio I"Initte I subscribe Packet Pg. 396 10/31/2011 Page 2 0 ., Yel^ AUcr»' soa,Aytdekoa 4200 Corvaer [[[[A.44�11iL�LL�ill F.oya Rnud&Romo SuflOWamnrcwno(ve scream. • ire fesslanet car Cer Pn v.mon CsrAEos.CA 8470.9 Ce srl t os.PSasuo•trKno•PFeas.awt"•f:hefs4de •9saan.eoto v Sun Diego The ekdronk mww8e ed V)b forte contains Me Ind tbn than ni Fhm et Atkinson.Antleam of the RuW&Romo which may re that confidential or pmllegatl. The Iniomatlen is Intended or u tp fre for the uw of the ereNkleal w spry npmetl above.b you are not the ltnorcri recipient.io aware that any moody ure, copying w tlisfnb5t 3 w use of Me contents or to 11 mia info taly.T is proMDNetl.If you nave reoaNetl iris eletMOnlc benamis&on N error,plww notity us by IelepM1One(5626533200)or by ebcbmic mall immetlialely.Thenh you. tT C p) U to he re d E c 7 T v is N or ii. N N M N N N s LI W c m E z U A Q Packet Pg. 397 10/31/2011 6.A.c Irma Rodriguez Moisa From: Irma Rodriguez Moisa[IMoisa @aairr.com] Sent: Friday, June 10, 2011 7:43 AM To: Corey Glave(poaattomey @aol.com) Cc: Linn Livingston Subject: City of San Bernardino[AALRR-CERRITOS.005119.00008] Attachments: attffa8f.jpg attffa8r.jpg . Corey: rn Thanks for the update on your availability. Here is the City's availability to meet in c the last half of June and July: June 20 -- morning June 24 -- morning m June 27 -- anytime o. July 5 -- morning - July 6 -- after 2pm E July 7 -- anytime July 8 -- morning July 11 -- morning d July 15 -- morning •- m July 18 -- morning N July 19 -- all day CJuly 20 -- morning iz July 21-- all day July 22 -- morning M July25 -- all day July 29 -- afternoon I would like to get a few dates scheduled and pinned down on our calendar as soon as possible. N As to your request for information, I will send a separate email with respect to the budget numbers and what the City has budgeted in labor cost savings. a The difference in my email is simply explained by the fact that the City imposed a last, x best and final offer this past February and we are asking to meet as required by the MMBA. w We hope that we can reach agreement this year. c Irma Rodriquez Moisa 0 Partner Atkinson, Andelson, Loya, Ruud & Romo Office (562) 653-3200 * Direct (562) £ t 653-3503 * Direct Fax (562) 653-3657 imoisa @aalrr.com I vcard<http://www.aalrr.com/attorneys/AttorneyVCard.aspx?attorney-cb5252ca- eec8-431c-964e-334121102705> I bio<http://www.aalrr.com/attorneys/detail.aspx?attorney-41> C I website<http://www.aalrr.com/> I subscribe<http://www.aalrr.com/join-aalrr-social- network-08-03-2010/> [cid:765324014 @10062011-2636] This electronic message transmission contains information from the Firm of Atkinson, Andelson, Loya, Ruud & Romo which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying or distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by telephone (562-653-3200) or by electronic mail immediately. Thank you. 1 Page 1 0 Irma Rodriguez Moisa From: Irma Rodriguez Moisa Sent: Thursday, June 23, 2011 10:52 AM To: Poaattomey @aol.com Cc: Linn Livingston Subject: Re: City of San Bernardino[AALRR-CERRITOS.005119.00008] i I Time is of the essence due to the City's on-going fiscal emergency. i Irma Rodriguez Moisa Sent from my iPhone, (562) 822-1991. rn i On Tun 23, 2011, at 10:50 AM, "Poaattomeya zol.com" <Poaattorney�a aol.com>wrote: d x a 1 can't give you an estimate. I hope to have dates from the Union today or tomorrow and am waiting for contact from the Civil Service client as to the status of his criminal case and which attorney he o will be proceeding with. E Why is the City claiming time is of the essence? Corey Glave d R N r In a message dated 612312011 10:40:52 A.M. Pacific Daylight Time, IMoisa aalrr com writes: LL In terms of Burbank,we filed a writ on Monday challenging the discovery issued, and we a sent your office a letter asking if you'll accept service of it. I will send an email to Mr. M Burstein informing him o this development. N What is your estimate as to when you will be able to offer dates? Time is of the essence N and we'd like to get started soon. a a Irma Rodriguez Moisa x Sent from my !Phone, (562) 822-1991. w On Jun 23, 2011, at 10:36 AM,"Poaattomey(rDaol com'<PoaaUomey @aol com>wrote: E L Ms. Moisa, L� Q I'm waiting for dates from my client, confirmation of cancellation in the Burbank case(all dates are still on calendar), and information regarding a Civil Service hearing in San Bernardino(that is scheduled for the same dates as Nichols, but the client may have retained alternate counsel). As soon as I have dates and other information, I will let you know. Corey Glave In a message dated 6123/2011 10:32:07 A.M. Pacific Daylight Time, IMoisaCo'Daalrr.00m writes: Corey: I know you are checking email as I have received a few from you in the last two days. So, please respond to this email. Thank you. 10/31/2011 Packet Pg. 3ss Page 2 o Irma Rodriguez Moisa - Partner I Atkinson, Andelson, Loya, Ruud&Romo Office(562)653-3200.Direct(562)653-3503`Direct Fax(562)653- 3657 Lrroisa@aalrr.com I vcard I bio [website I subscribe This electronic message transmission contains information from the Firm of Atkinson,Andelson, Loya, Ruud & Romo which may be confidential or privileged.The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying or distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by telephone(562-653-3200)or by electronic mail immediately. Thank you. m` —Original Message— v From: Irma Rodriguez Moisa[mailto:IMoisa@aalrr.com] _ d Sent Monday, June 20, 20114:20 PM w To: Corey Glave(ooaaftorney@aol.com) a Cc: Linn Livingston E Subject FW: City of San Bernardino[AALRR- CERRITOS.005119.00008] T Corey: w m N Haven't heard from you as to possible dates. Can you let me know w this week? LL Also, given the situation in the Nichols case, my sense is we would M both be open on July 13 and 14. Irma Rodriguez Moisa y Partner I Atkinson,Andelson, Loya, Ruud& Romo Office(562)653- n 3200'Direct(562)653-3503' Direct Fax(562)653-3657 r 1mo4a@aalrr com I vcard I bio I website I subscribe w This electronic message transmission contains information from the d Firm of Atkinson,Andelson, Loya, Ruud & Romo which may be E confidential or privileged. The information is intended to be for the v use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying or G distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by telephone(562.653-3200)or by electronic mail immediately. Thank you. --Original Message-- From: Irma Rodriguez Moisa [mailto:IMoisa @aalrr.com] Sent: Friday, June 10, 2011 7:43 AM To: Corey Glave (Doaattomey(a aol com) Cc: Linn Livingston Subject: City of San Bernardino[AALRR-CERRITOS.005119.00008] QCorey: Thanks for the update on your availability. Here is the City's availability to meet in the last half of June and July: Packet Pg. 400 10/31/2011 Page 3 0 June 20—morning June 24 —morning June 27 —anytime July 5— morning July 6—after 2pm July 7—anytime July 6—morning July 11 —morning July 15—morning July 18—morning July 19—all day July 20—morning July 21—all day July 22 —morning July25—all day July 29—afternoon I would like to get a few dates scheduled and pinned down on our calendar as soon as possible. As to your request for information, I will send a separate email with respect to the budget numbers and what the City has budgeted in labor cost savings. y The difference in my email is simply explained by the fact that the a City imposed a last, best and final offer this past February and we are E asking to meet as required by the MMBA. We hope that we can — reach agreement this year. D Irma Rodriguez Moisa r Partner I Atkinson, Andelson, Loya, Ruud&Romo Office(562)653- d 3200`Direct(562)6533503' Direct Fax(562)653-3657 moisa Qaalrccom w n ward< p'l/vow aalrr.com/attornevs/Atto[oey YQard asox7 ` attomev=cb5252ca-eec8-431c-964e-3341211D2705> � LL blo<hfttp ltwvna salrr oomlattorneys/detail aspx?attomey=41> website<http.//www.aalrr.com/> subscribe<"'/lwww aalrccooin-aalrr-social-network-OB-03- 20101> Icid:765324014Q10062011-2636] This electronic message transmission contains information from the « Firm of Atkinson,Andelson, Loya, Ruud&Romo which may be t confidential or privileged. The information is intended to be for the w use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying or distribution or use of the contents of this information is prohibited. If E you have received this electronic transmission in error, please notify s, us by telephone(562-653-3200) or by electronic mail immediately. Thank you. a <attffa8f.]pg> 10/31/2011 Packet Pg.4ot Irma Rodriguez Moisa °rom: Irma Rodriguez Moisa[[Moisa @aalrrcom] Sent: Tuesday,June 28, 2011 5:49 AM" To: 'Poaattomey @aol.com'; livingston_li @sbcity.org Subject: RE: City of San Bernardino Negotiations[AALRR-CERRITOS.005119.00008) Attachments: attffa8f.jpg atfffa8fjpg Corey: Given your question about covering the policies and MOU negotiations at the same time, is it correct that you will have the same team present?. Last year you had different teams in place. y M Zn terms of the dates, let's confirm July 18, 19, and 25. How about 10am start time for H all three days? a Thanks. E Irma Rodriguez Moisa j Atkinson, Andelson, Loya, Ruud & Rome >, Office (562) 653-3503; Fax (562) 653-3333 w m This electronic message transmission contains information from the Firm of Atkinson, m Andelson, Loya, Ruud & Romo which may be confidential or privileged. The information is u intended to be for the use of the individual or entity named above. If you are not the .. intended recipient, be aware that any disclosure, copying or distribution or use of this N information is prohibited. M N N From: Poaattorney @aol.com [mailto:Poaattorney @ aol.com] H Sent: Thursday, June 23, 2011 6:28 PM 'n To: Irma Rodriguez Moisa; livingston_li @sbcity.org s Subject: Re: City of San Bernardino Negotiations w Ms. Moisa, m E Of the dates you provided below, my clients and I are available on July 18, 19, 20, 22 v and 25th. 16 Q The SBCPF is assuming that the City's request to meet and confer includes the City's June 14, 2011, request to discuss proposed new/modified policies. I believe these same polices were brought to the table by the City's team and then withdrawn by the City during the last negotiation proceedings. Please note, absent an agreement on those policies, the SBCPF does not consent to the policies being implemented. _ Please let me know if any of these dates work for you and your team. Corey Glave In a message dated 6/10/2011 7:41:54 A.M. Pacific Daylight Time, IMoisa @aalrr.com writes: Corey: QThanks for the update on your availability. Here is the City's availability to meet in the last half of June and July: June 20 -- morning 1 6.A.c June 24 -- morning June 27 -- anytime ff July 5 -- morning ` Tuly 6 -- after 2pm (rJUly 7 -- anytime July 8 -- morning July 11 -- morning - July 15 -- morning July 18 -- morning - July 19 -- all day July 20 -- morning July 21-- all day July 22 -- morning July25 -- all day July 29 -- afternoon I would like to get a few dates scheduled and pinned down on our calendar as soon as possible. As to your request for information, I will send a separate email with respect to the budget numbers and what the City has budgeted in labor cost savings. The difference in my email is simply explained by the fact that the City imposed a last, c best and final offer this past February and we are asking to meet as required by the MMBA. � We hope that we can reach agreement this year. d Irma Rodriguez Moisa v Partner I Atkinson, Andelson, Loya, Ruud & Romo Office (562) 653-3200 • Direct (562) w 653-3503 - Direct Fax (562) 653-3657 imoisa @aalrr.com o. vcard<http://www.aalrr.com/attorneys/AttorneyVCard.aspx?attorney=cb5252ca- E eecS-431c-964e-334121102705> I bio<http://www.aalrr.com/attorneys/detail.aspx?attorney-gL> - I website<http://www.aalrr.com/> ( subscribe<http://www.aalrr.com/join-aalrr-social- network-08-03-2010/> [cid: 131454512 @28062011-1474] a This electronic message transmission contains information from the Firm of Atkinson, � Andelson Loa Ruud & Romo which may be confidential o 'v' N Loy a, y r privileged. The information is m intended�to be for the use of the individual or entity named above. If you are not the _ntended recipient, be aware that any disclosure, copying or distribution or use of the LL contents of this information is prohibited. I£ you have received this electronic w transmission in error, please notify us by telephone (562-653-3200) or by electronic mail M immediately. Thank you. N N fll 1] XK W C E E u u m a C 2 Packet Pg.403 Page 1 0 Irma Rodriguez Moisa From: Poaattomey@aol.com Sent: Monday, July 11, 2011 11:04 AM To: Irma Rodriguez Moisa Subject: Re: FW. City of San Bernardino Negotiations[AALRR-CERRITOS.005119.000081 Counsel, I cannot do two days on the week of the 18-22 as I have a post trial brief due that week. Additionally, I've spoken to my team and we don't believe back-to-back days will serve any purpose. We can meet on the 18th or 19th, your choice, and set up the ground rules and review the City's proposal. This will give a week to review the proposal and for the City to get us any information we need based on the City's proposal and bargaining rn position. 5 So which day works better for you,the 18th or 19th? _ v Corey Glave a In a message dated 6130/2011 10:05:18 A.M. Pacific Daylight Time, IMoisa @aalr.com writes: E Corey: T I have not heard a response from you, so we will calendar these dates, starting at 10am. I will have someone from Linn's staff email later with the actual location. w m Thank you. '.`. N M Irma Rodriguez Moisa Partner I Atkinson, Andelson, Loya, Ruud& Romo N Office (562)653-3200'Direct(562)653-3503`Direct Fax(562)653-3657 w imoisa @aalrr.com I vcard I bio I website I subscribe This electronic message transmission contains information from the Firm of Atkinson,Andelson, Loya, x Ruud & Romo which may be confidential or privileged.The information is intended to be for the use of w the individual or entity named above. If you are not the intended recipient, be aware that any disclosure,copying or distribution or use of the contents of this information is prohibited. If you have m received this electronic transmission in error, please notify us by telephone(562-653-3200) or by electronic mail immediately. Thank you. 0 --Original Message— - From: Irma Rodriguez Moisa[mailto:IMoisa @aalrr.comj Sent: Tuesday,June 28,20115:49 AM To: 'Poaattomey @aol.com'; livingston—li@sbcity.org Subject: RE:City of San Bernardino Negotiations [AALRR-CERRITOS.005119.00008] Corey: Given your question about covering the policies and MOU negotiations at the same time, is it correct that you will have the same team present? Last year you had different teams in place. In terms of the dates, let's confirm July 18, 19, and 25. How about 10am start time for all three days? Thanks. 10/31/2011 Packet Pg. 4o4 g Page 2o Ti, - 1= Irma Rodriguez Moisa Atkinson, Andelson, Loya, Ruud 8 Romo b..-- Office (562)653-3503; Fax(562)653-3333 This electronic message transmission contains information from the Firm of Atkinson,Andelson, Loya, Ruud & Romo which may be confidential or privileged. The information is intended to be for the use of the individual or entity, named above. If you are not the intended recipient, be aware that any disclosure,copying or distribution or use of this information is prohibited. From: Poaattomey@aol.com[mailto:Poaattorney @aol.comj Sent: Thursday, June 23,20116:28 PM To: Irma Rodriguez Moisa; livingston_li@sbcity.org Subject: Re: City of San Bemardino Negotiations m Ms. Moisa, Of the dates you provided below, my clients and I are available on July 18, 19, 20, 22 and 25th. _ v The SBCPF is assuming that the City's request to meet and confer includes the City's June 14, n 2011, request to discuss proposed new/modified policies. I believe these same polices were brought E to the table by the City's team and then withdrawn by the City during the last negotiation proceedings. Please note, absent an agreement on those policies, the SBCPF does not consent to the policies being implemented. T Please let me know if any of these dates work for you and your team. R N Corey Glave In a message dated 6/1012011 7:41:54 A.M. Pacific Daylight Time, (Moisa @aalrr.com writes: M Corey: N Thanks for the update on your availability. Here is the City's availability to meet in the last half of June N and July: H June 20—morning a June 24 —morning x June 27—anytime m July 5—morning c July 6—after 2pm July 7—anytime F July 8—morning R July 11 —morning a July 15—morning July 18—morning July 19—all day July 20—morning July 21—all day July 22 —morning Juty25—all day July 29—afternoon I would like to get a few dates scheduled and pinned down on our calendar as soon as possible. As to your request for information, I will send a separate email with respect to the budget numbers and what the City has budgeted in labor cost savings. The difference in my email is simply explained by the fact that the City imposed a last, best and final offer this past February and we are asking to meet as required by the MMBA. We hope that we can reach agreement this year. Irma Rodriguez Moisa Partner I Atkinson, Andelson, Loya, Ruud& Romo Office(562)653-3200' Direct(562)853-3503' - 10/31/2011 6.A.c rn c m S v N N a E c 7 T d A fn W LL N N M N N N a s x W C E E L U A Q EXHIBIT 3 Packet Pg. 406 HamAN REsouRcPs DEPARTMCNr LINN LIVINGSTON-DutECToR 300 North"D"Street•San Bernardino•CA 92418-0001 9093845161•Fax:909.384.5397 www.sbdty.org San Bernar Inn VIA EMAIL POAATTORNEY®AOL.COM FACSIMII,E(310)379-0456 AND FIRST CLASS MAIL June 14,2011 rn Mr. Corey Glave,Esq. `- 1042 Second Street d x Hermosa Beach, CA 90254 y N N a E Re: Proposed Fire Department Policy Changes 'c D ' d Dear Mr. Glave: N v The City of San Bernardino Fire Department is proposing to modify/add the following policies: LL • Light Duty(modify) • Disciplinary Policy(modify) • Employee Performance Documentation(new) • Emergency Scene Rehabilitation(new) a N If you would like to meet and confer on these policies,please contact me by June 29,2011. If we B do not hear from you by 5:30 pm on June 29, 2011,we will move forward implementing these w policies. c m If you have any questions,please contact me at(909) 384-5161. E U 10 Sincerely, Vr � V Linn Livingston Director of Human Resources Attachments as noted c: Charles McNeely,City Manager Michael Conrad,Fire Chief Mat Fratus,Deputy Fire Chief PERSONNEL•RrsK MANAGEMEM•WORKERS'COMPENSATION Packet Pg..4O7 DRAFT SAN BERNARDINO CITY FIRE DEPARTMENT LIGHT DUTY PROGRAM (Replaces SBFD Standard Operating Procedure 10.49) PROPOSE: To establish a modified duty program for employees of the fire department whose physical industrial injuries preclude them from returning to the regular duties of their permanent position. POLICY: It is the goal of the fire department to locate and assign modified and/or light duty whenever possible to employees who are temporarily disabled from their regular job as a result of an on- the-job injury.All such work assignments are to be within the limitations defined by the City- - .m approved treating physician. _ d The following guidelines will be used when it becomes necessary to place an injured employee in a the retum-to-work program: E 1. The City-approved treating physician shall describe the employee's limitations in sufficient T detail to enable the city to determine if a suitable temporary modified or light duty work w A assignment exists. w 2. Upon receiving information from the City-approved physician indicating that temporary ` modified duty is appropriate,the employee shall immediately forward such information to M Fire Administration through the on-duty battalion chief. 3. The final approval for a modified duty assignment lies with the Fire Chief. 4. Upon receiving this information,the fire chief or his designee shall to locate or design a work s x assignment that is within the limitations and the skills/abilities of the employee,as described w by the treating physician.This may include temporarily assigning the employee to perform E work in other divisions within the department, if a suitable work assignment exists.A copy of the physician's record will be sent to the department for review with the approval of the a employee: 5. The modified/light duty program shall not exceed 90 working days in total.Exceptions shall be reviewed on an individual case basis by Risk Management,the employee's department, and treating physician. 6. Medical status reports shall be required from the treating physician at a minimum of every thirty(30)days. It shall the responsibility of the affected employee to ensure prompt delivery of his/her medical report to Fire Administration. 7. The Fire Chief,at his/her discretion,may extend the modified duty status beyond the 90 days based on the employee's medical condition as assessed by a qualified physician, and availability of work. 8. Upon release to regular work duties,without restrictions,the employee shall be returned to his/her regular work unit and his/her regular position,per doctor's evaluation. 9. Persons not being able to work a fall work day will be able to pro-rate Temporary Disability payments and light duty time; sick leave may be used to supplement differences in TO and regular time worked. c PROCEDURE: n d The Risk Management Department will inform the treating physician of the City's policy on modified duty. The employee's direct supervisor shall contact the Risk Management Department n to confirm that the employee will be perfornring a modified and/or light duty assignment within E 24 hours of establishing such.The employee's time sheet shall be maintained by the employee's T regular department or division. y v LL h... EXCLUSIONS: This program may preclude certain types of industrial illnesses,injuries, and N very restrictive physical limitations which are limited by the treating physician.This program also precludes absences covered by the employee's sick leave provision. N DEFINITIONS OF DEGREES OF WORK x w 1. Sedentary Work: d Transporting ten pounds maximum and occasionally lifting and/or carrying such articles as s U dockets, ledgers and small tools. Al though a sedentary job is def ined as one which involves a sitting,a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walling and standing are required only occasionally and other sedentary criteria are met. 2. Light Work: Lifting twenty pounds maximum with frequent lifting and/or carrying of objects weighing up to ten pounds.Even though the weight lifted may be only a negligible amount,a job is in this category when it requires walking or standing to a significant degree,or when it involves sitting most of the time with a degree of pushing and pulling of arm and/or leg controls. 3. Medium Work: Lifting fifty pounds maximum with frequent lifting and/or carrying of objects weighing up to twenty five pounds. 4. Heavy Work: Lifting one hundred pounds maximum with frequent lifting and/or carrying of objects weighing up to fifty pounds. S. Very Heavy Work: Lifting objects in excess of one hundred pounds with frequent lifting and/or carrying of objects weighing fifty pounds or more. m c q v Z v N N a E c T d N fn d N n N N N s t K w c m E L U A Q ,_ _.;, PacketPg.470 6.A.c Operational Procedure Number: 10.39 Personnel Policies and Procedures - Effective Date: 04-01-85 Draft Revised: 09-21-93, 09-15-98, 05-15- 00, 03-15-02, (draft) Subject: Disciplinary Guidelines Approved: Cross Reference: d x d Policy a E The Firefighter's Bill of Rights (AB 220) (Gov. Code, 3250-3262)was written into law to cover all firefighters and the Fire Chief, while they are involved in the performance of his , or her official duties. Probationary employees and Arson Investigators are not covered w A by this law. w d Assembly Bill 220 (Government Code §§ 3250 et. seq.) is effective January 1, 2008 and shall govern administrative appeals of"punitive action or denial of promotion on grounds M other than merit," as those terms are defined in Government Code § 3251(c). Accordingly, "punitive action" means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of N punishment. a t X w Procedure c d PERSONNEL FACT FINDING INVESTIGATIONS E U Procedure z • Investigation/Fact Finding a * Upon discovery or report of an infraction of department or City rules, or other actions that are clearly incompatible with employment as a firefighter, the supervisor of record is responsible for initiating the investigation into the details of the allegations. Temporary or Acting in Capacity supervisors are responsible for initiating the investigation and then forwarding the information to the supervisor of record. Only during unusual circumstances will a Temporary or Acting supervisor conduct the full investigation, i.e., supervisor of record on extended leave. * For reporting and investigating of illegal discrimination or harassment/sexual harassment issues, the policies and procedures - PacketPg.417 " defined, in the City HARASSMENT/SEXUAL HARASSMENT PO .CY will be utilized. * IMPORTANT NOTE: If the investigating official believes that criminal activity has likely occurred, immediately discontinue the investigation and notify the appropriate Division Head or Fire Chief. They will assist coordination of law enforcement, the Human Resource Division, and City Attorney. * To determine the employee's work related history/background, research the personnel file, contact previous supervisors, and research any appropriate Fire Department folder. rn GOVERNMENT CODE SECTION 3250-3262. E When an incident warrants a fact finding investigation, the officer in charge of the = investigation shall refer to Government Code Sections 3250-3262. if the Chief of the H Department or designee finds sufficient evidence supporting the decision to impose o punitive action the Firefighter Bill of Rights shall be followed. E 'c GOVERNMENT CODE SECTION 3300-3313 For any Firefighters who meet the criteria of Arson Investigator or acting in the capacity v of a SWAT Medic, procedures outlined in Government Code Section 3300-3313 shall N be used to conduct fact finding measures and any implementation of punitive action. d LL APPEAL PROCESS FOR MINOR DISCIPLINE N In the event that a safety employee receives a form of minor discipline from their Captain (documented•wrtten or written reprimand), he/she may request to appeal,the action to their respective Battalion Chief. This request must be completed in writing H wihin 5 days of receiving the minor discipline. The Battalion Chief shall schedule an 42 appeal meeting within 10 working days. The employee may bring a representative to the r hearing. w The Battalion Chief shall capture all findings in a written document and render their final decision based on the evidence presented at the meeting. If the employee is not E satisfied with the Battalion Chiefs final ruling, they may appeal to the Deputy Chief following the same procedure and time parameters. If the minor discipline was intiated a by the Battalion Chief, the appeal request shall be submitted to the Deputy Chief. If the discipline was initiated by the Deputy Chief, the appeal request shall be submitted to the Fire Chief. All written documents will be signed by the employee to acknowledge that they have been placed in the employee's personnel file,with copies to the employee. If an employee refuses to sign the documentation, the refusal shall be noted in writing and submitted in the employees personnel file along with the documentation of the reprimand. Minor discipline documentation shall remain in the employee's file for a minimum of two years. After the two year period, the employee can request in writing to have the minor discipline purged from their file. This request shall be made to the Fire Chief through the chain of command. PacketPg;412 6.A.c Operational Procedure Number: 10.XX Personnel Policies and Procedures Effective Date: Draft Revised: (draft) Subject: Employee Performance Documentation Approved: Cross Reference: m d x Purpose y R To provide a mechanism for supervisors to maintain documentation on employee a E performance that is in accordance with the Firefighter's Procedural Bill of Rights Act. .c n Policy r v a) Employees designated as firefighters per Goverment Code Sec. 3251(a)shall not have d any comment adverse to his or her interest placed in his or her personnel file,or any other LL file used for personnel purposes,without the firefighter first having read and signed the N instrument containing the adverse comment. This includes,but is not limited to, M supervisor's notes that are used to document defici spies that may be used for annual N evaluations,documentation used in counseling sessions,and documentation of training given to correct specific performance deficiencies. N b) If the firefighter refuses to sign the instrument after being presented with it that fact shall E be noted on that document, signed or initialed by the firefighter, and placed in the w appropriate file. c v c) The firefighter shall have 30 days within which to file a written response to any adverse comment placed in his or her personnel file. The written response shall be attached to, and shall accompany,the adverse comment. a Procedure a) Supervisors shall document any adverse comments on a Supervisor's Consultation Form. The content should include the nature of the action or behavior that prompted the need for discussion and documentation,the date that the incident(s)occurs,the impact of the employee's actions,and a summary of supervisor's expectations of the employee to improve performance in this area. b) The documentation shall be discussed with the firefighter, and the firefighter shall be v asked to sign the consultation form acknowledging receipt of it.If the firefighter refuses Packet Pg. 413 to sign the memo,Shey shall sign the section indicating that they have refused to sign the �++ form. c) Supervisors shall create and maintain a Supervisor's Consultation File for each of their employees of record.All signed Supervisor's Consultations Forms shall be placed in the file for the affected firefighter. Only documents that the employee has been shown and asked to sign may be placed in the Supervisor's Consultation File. d) If a firefighter wishes to review his or her consultation file,they shall make the request to their supervisor. Supervisors will accommodate such requests in a timely manner during usual business hour;. t m If an employee is transferred from one supervisor to another,the documents contained in the original supervisor's consultation file will be given to the new supervisor. These documents will then be handled in the same fashion as stated. N N a E C D T d A N d LL N N M N N a s x W c m E L U N Q Packet Pg.474 6.a.e San Bernardino City Fire Department Operational Procedure Number. 31.06 Fireground Safety - Effective Date: Draft Policy Revised: Subject: Rehabilitation Operations Approved: Cross Reference: d x v N Policy a E It is the policy of the San Bernardino City Fire Department to initiate Rehabilitation Operations, either Formal or Informal, while conducting emergency operations or training evolutions under M T the following conditions: � I. The potential exists for extended or high-intensity operations y d 2. When the temperature/weather conditions create the potential for a hazardous operating environment. N 3. Implementation of a Formal Rehabilitation Operations shall be the responsibility of the Incident Commander(IC). The formal process of rehabilitation may be temporarily deferred dependent on fireground conditions and resource availability. N 4. An informal rehabilitation process is the responsibility of the company officer and should be a initiated whenever the situation warrants. .2 X The purpose of this policy is to provide the IC a procedure on the implementation and a process w of Rehabilitation at an emergency incident or training exercise. The Rehabilitation Group is m designed to provide for rest,rehabilitation, and medical evaluation of personnel during extreme E conditions, or when engaged in lengthy operations. Reinserting firefighters into dangerous m environments when they are fatigued, overheated, and dehydrated places them,the public, and a their fellow firefighters at increased risk of injury or death. The intent of this policy and NFPA 1584 is to provide rehabilitation during operations normally associated with municipal fireground and training operations such as structure fires,rescues, or hazardous materials calls. Other recognized methods of rehabilitation such as 2:1 work/rest cycles may be utilized during incidents that involve multiple operational periods. As a guideline personnel should be assigned to rehab following the use of a second 30-minute SCBA cylinder, a full 45/60-minute SCBA cylinder,or 40 minutes of intense work without a SCBA.The IC,or 1 Packet Pg.415 - their designee,may adjust these time fumes depending on work,environmental conditions,and available - resources. Procedure 1.0 Rehabilitation Operations,when established formally,at a minimum address the following issues: 1.1 Rest/Rehydration 1.2 Cooling,warming and shelter from extreme climatic conditions as needed 13 Medical monitoring/evaluation and emergency medical care.Medical care/treatment is addressed in section 7.0 of this policy. 1.4 Food/caloric replacement will be considered for high-intensity operations, or extended operations 1.5 Accountability and release from the rehabilitation area and back to the IC for assignment. _ 2.0 At all times suppression personnel should maintain proper hydration and nutrition to maintain normal body functions. For anticipated events,pre-hydration should include an E additional 500m1(16 oz.)of fluids within two hours prior to the event. "Sport drinks" prior to an event are appropriate and recommended. 3.0 Implementation/initiation of Rehabilitation Operations. The IC shall be permitted to adjust the time frames depending on work and environmental conditions and available N resources. LL M INFORMAL REHABILITATTION OPERATION N 3.1 Company/Crew level(Informal)rehabilitation consist of: w a 3.1.1 Rpgj:A relative term,may only be"taking a knee"while awaiting the next x assignment,or ten minutes while changing out a SCBA cylinder. Personnel w should remove helmet/hood and open their turnout coat if conditions permit and d can be accomplished safely. s U R 3.1.2 Rehydration: Limit the volume of fluid before immediately returning to a strenuous activity to a few ounces improves excretion and bladder comfort. 3.2 Personnel Status Monitoring(Look Test): A quick subjective process by the company officer often referred to as "visual vitals"assessing for skin color, mental status, strength/coordination,posture and breathing. Any of these being outside the normal parameters for the individual may indicate exhaustion,heat stress, or cardiovascular comprise. If a crew member fails the Look Test,the crew should initiate rest/rehydration at the company level,move to rehab,or deliver the individual to medical personnel. 3.3 Personnel may self-initiate company/crew level rehabilitation following the use of a single 30-minute SCBA cylinder;or 20 minutes of intense work without a SCBA or anytime fatigue is recognized- 3.3.1 3.1.1 Personnel in company/crew level rehab may rest(nonoperational status) for a minimum of ten minutes when able. FORMAL REHABILI ION OPERATION 4.0 IC or Operations should initiate Rehabilitation Operations(Formal Rehab)as directed in this SOP by rn 4.1 Establishing a Rehab Group/Umt `- 4.2 Designation of a Rehab Supervisor/Unit leader d 4.3 Assign appropriate resources to the Rehab Group/Unit v 4.4 Ensuring EMS transport resources are available/assigned to the incident 4.5 Establish an EMS Treatment area as necessary. 'c 5.0 The Rehabilitation Group/Unit should: D m R 5.1 Establish a Rehab location that whenever possible: N 5.1.1 Is distant enough from the operation that it will allow personnel to safely remove PPE,be afforded physical/mental rest,public and press are not allowed entry and M be&ec from exhaust fumes. 5.1.2 Is large enough to accommodate multiple crews,rehab personnel,and EMS a personnel providing medical evaluation and treatment. r 'n r 5.1.3 Provides a place to sit with protection from prevailing environmental conditions. w 51.4 In hot environments provide shade and/or air-conditioning. E z 5.1.5 In cold environments shield the wind and/or provide heat. a 5.1.6 Includes an area for medical evaluation and treatment and allows access for medical transport resources. 5.2 Establish a Medical Evaluation/Monitoring program to evaluate personnel entering the rehab area and again following rehab to assess their fitness to retum to operations. 5.2.1 Document the time personnel entered rehab;time released,release status,and medical evaluation results. 5.22 Ensure sufficient EMS personnel/equipment to assess and,as necessary,treat ill or injured personnel. 3 5.2.2.1 Medical treatment will be provided in accordance with established regional protocols. 6.0 Rehabilitation Group Operations 6.1 Companies/Personnel entering Rehab should be assigned to the Rehab Group by the IC or Operations. 6.2 Personnel assigned to the Rehab Group will check-in with the Rehab Unit Leader or their designee. 6.3 Personnel in the Rehab should rest for a minimum of 20 minutes,when possible. 6.4 , Personnel in the Rehab will receive a Medical Evaluation prior to being released from Rehab. m 6.4.1 - Personnel not adequately rested,or presenting with medical,psychological, or emotional distress,or appearing unable to safely function shall not be released = back to the IC. y N 6.5 Personnel leaving the Rehabilitation Group will check out with the Rehabilitation Unit ° E Leader or their designee prior to reporting to the IC,Operations,Safety,Fire Attack,or their designee for reassignment. T 7.0 Rehabilitation Medical Operations: °^ 7.1 Perform medical evaluation/monitoring to evaluate personnel entering the rehab group 2 a and again following rehab to assess their fitness to return to operations. w N 7.2 The time a complete crew or individual enters and exits rehab shall be documented N 7.3 Upon entering the Rehab Group,this evaluation will include a brief assessment for the N following conditions: a 7.3.1 Chest pain,dizziness,respiratory distress,weakness,nausea,or headache K w 7.3.2 Cramps,heat or cold related symptoms v E z 7.3.3 Alertness and orientation,or changes in gait,speech or behavior 7.4 Personnel with the above conditions will be directed to the EMS Treatment area for additional assessment and treatment. Personnel with unresolved medical conditions shall be transported by ambulance to the hospital per county protocols. 7.5 Prior to returning to Operations,personnel in Rehab will be evaluated for the same factors as entering rehab,as well as vital signs.(Blood Pressure and CO monitoring may not be routinely checked as part of the evaluation as the necessary monitors(CO)may not be available and the possibility of false readings(EP). Abnormal vital signs following rehab are generally defined as: 7.5.1 Pulse above 100 bpm and/or SpO2<95%and/or CO levels>10% 4 7.5.2 BP above 160 systolic and/or 100 diastolic 7.6 Personnel exhibiting abnormal vital signs may continue in rehab with continued medical monitoring,or transported to the hospital by EMS based on the decision of the Rehab Unit Leader,Safety Officer, or the IC. They should not return to operations. 7.7 Following additional Rehab(10 minutes),personnel exhibiting unresolved medical conditions,continued abnormal vital signs,or a Blood Pressure>180 systolic or>120 diastolic,will be moved to the Medical Treatment area and patient care initiated as appropriate and will be transported to the hospital by ambulance per county protocol. 80 Rehabilitation Activities: 8.1 When in rehab,personnel should have the ability to lessen the environmental conditions encountered:at the incident. B 8.2 Shade or protection from the environment,a place to sit,as well as a means to warm up S or cool down shall be provided.Resources available may be: _ v 8.2.1 EZ-Ups or shade canopies. a 8.2.2 Misting units. E 'c 8.2.3 Wet towels will available to be used for personnel cooling.Three containers(5 gallon buckets or similar)one with a 10%bleach solution,one with ice and water 12 m if available,and the other with clean water.All towels will be soaked in the rn bleach solution and then prior to use rinsed in the container with clean water, 2 LL then placed in the ice water.After individual use the towels will placed in the a bleach solution.It will be the duty of the Rehabilitation Group to monitor the ru'i - . - containers and changed as necessary,as well as keep a supply of fresh towels they others become unusable. _ N N 8.2.4 Personnel will remove their PPE ensemble(including turnout pants and boots n where practical) -� K w 8.3 Water(and sport-type drinks during extended incidents)should be available and provided from the responding units and/or logistics staff. Personnel will consume fluids during E rehab and continue hydrating after the incident. 8.3.1 Companies will insure each shift that then coolers are full and iced down. 8.4 Electrolyte replacement drinks and nutrition will be considered during longer duration and heavy exertion events. 8.5 Personnel should have waterless hand cleaner and/or packaged wipes available from either the responding units or the logistics staff. 5 •-- Packet Pg. 419 rn c .q a x w N N A d E �c d A Vl d LL N N M Y! N N a L x w c E E r u m t; Q EXHIBIT 4 Packet Pg. 420 CITY OF SAN BERNARDINO PROPOSAL NI JULY 19,2011 TERM: July 1,2011 to June 30,2012 PERS: Article BI—Compensation—Section 2.F PERS)Rednement Plan rn AMEND SECTION 2.17 AS FOLLOWS: Effective August l 2011.City shall no loneeie:i crease the base salary of all Formatted:not 5h#emmWh S employees covered by this agreement by converting the nine percent (9%) Employer- Formatted:tints keft u,.O a N Paid Member Contribution (EPMC)to base salary. T n° base ,�� •-°°°°''-- _ a is da-and-�ba441�e a iRetirement S....,_. .. ro,H. Employees E shali v ill*en continue to make aeb `° - •°the nine percent (9%) employee retirement contribution to PERS °•a 111 P9,8A-••e e)g�s f°F the ReNenwe Cad e(26 U.9G seetien 41"" ^". The employee contribution to PERS shall be N made through autommice payro6 deductions from the base salary in accordance with m PERS regulations Formatted:RdWtlrmugh u iaeludin2 but not limited to.er..Y; m n 49iek lea-e. i �nu�d eents m-e-balances.mae mf.r.. .nti q..A ..'..e-......em(a base Hot r he eessideFec:A' . N VACATION SELL BACK a Make provisions D and G of the 2009-140 SIDE LETTER effective July 1,2011 to Jame K 30,2012.(sell bark of 48 hours of vacation leave on or before June 30,2012.) to SALARY: dpi E The parties agree to negotiate the Charter 186 formula so that it will result in no financial v impact to the City or fire safety employees covered by this Agreement -t6„ Q OTHER: Other terms of 2003-2009 MOU and provisions adopted by Council on February 22, 2010 shall continue during the term of this agreement OOS1 a9.maD8Ira50406v1 ' Packet Pg.427 ; CITY OF SAN BERNARDINO PROPOSAL#2 SEPTEMBER 9,2011 TERM: July 1,2011 to June 30,20]2 nc�cTC ccrnrwl Tc cwTmcTV C REPI AaGE WITH =B .A0._ August 1, vai—mc'viJ-+iill leage; ma � the base pay by nine pement(9%) and N noel c..,a...e..o.,'a new _ iWtI 1 (EPMGA _-.•..soe (3BA-tlaTfldl3lfT' N ` � "�+r�+ 9� y iYaFent"S),,,Ae.rr�-'Q�RS='�'- O. COMPENSATION REDIJCT(ON — farmatteCLmaR:lAe 0" .E Effective October 1.2011 and continuing through June 30. 2012.all Fire Safetv - 7 employees agree to a deduction of$1076.26 per month (post tax) towards City non-healthcare benefit programs The deduction will come on the deduction side m (ride side)of the oavcheck m w C ARTICLE 111, COMPENSATION: SECTION 7.PERS/RETIREMENT PLAN, SUBSECTION - F«msttee:IMe m nangng t' LL (F)--TENTATIVE AGREEMENT N H All individuals hired after January 1 2011 shall contribute nine percent (90/Q) towards the payment of the employee's conMbution to PERS. After one Year of em to ment the City shall nay 1% of the members contribution to PERS. After five Years of employment, the City shall pay an additional 2% of the member's t`+ contribution to PERS, After ten Years of emplovment. the City shall pay an additional 3% of the member's contribution to PERS. After fifteen Years of a moloyment, the City shall pay an additional 3%of the employee's contribution x to PERS w c VACATION SELL BACK E E L Make provisions D and G of the 2009-140 SIDE LETTER effective July 1,2011 to June m 30,2012. Q SALARY: The parties agree to negotiate the Charter 186 formula so that it will result in no financial impact to the City or fire safety employees covered by this Agreement. i 1 Packet Pg. 422 6.A.c OTHER: Other terms of 2003-2009 MOU and provisions adopted by Council on February 22, 2010,that are not inconsistent with the proposals above,shall continue during the term of this agreement. The parties agree to meet and confer regarding any and all proposed policy changes exchanged by the parties separately from successor MOU negotiations. c a+ S d N N A 4 E C T d N N d N N N M N N N 's r K w c E E U u A Q msus.osaansoazan� ` Packet Pg.423 i CITY OF SAN BERNARDINO PROPOSAL#33 SEPTEMBER 9,2011 TERM: July 1,2011 to June 30, 2012 PPR9 A14ipie ill Geffipe-,..etie-, Seege-, 1p pHM,D&&emant Dien �r ° SP-0FIG t 2.F r1.1 rrc ENTIRRTY REPLACE 1m4PP uEaetiye Ai-gust t a 2011, the City .411 no leage_ _.___as e 6e base pa by nine pareent (9%) e...l Will d:..ee,.ti..,,e ..e-,e,w:,,.,the ,,:.,e .,eoee.,t iT (99;) EW!ayef Paid MembeF Contribution (EW 4G) as C F "e to the Pabl:e Emple. ees' Deti-.me-d System ("PR SI lli U d N COMPENSATION REDUCTION A a E Effective October 1, 2011 and continuine through June 30, 2012, all Fire Safetv emolovees agree to a deduction of$1076.26 per month (post tax) towards City non-healthcare benefit programs. The deduction will come on the deduction side r m (ride side) of the paycheck. m v ARTICLE III COMPENSATION: SECTION 7 PERS/RETIREMENT PLAN SUBSECTION a (F)--TENTATIVE AGREEMENT N u> M All individuals hired after January 1, 2011, shall contribute nine percent (9%) towards the nayment of the employee's contribution to PERS. After one year of employment, the City shall pay 1% of the members contribution to PERS. After y five years of employment, the City shall pay an additional 2% of the member's n contribution to PERS. After ten years of employment, the City shall paw K additional 3% of the member's contribution to PERS. After fifteen years of w employment, the City shall pay an additional 3% of the employee's contribution m to PERS. E r U R VACATION SELL BACK a Make provisions D and G of the 2009-140 SIDE LETTER effective July 1, 2011 to June 30,2012. SAST A� impaet to the City,._A..e safety empleyees eaye..ed by this A gFee«.e.a x .:px.�z.. C. 005119,0001A11004470 1 I Packet Pg. 424 OTHER: Other terms of 2003-2009 MOU and provisions adopted by Council on February 22, 2010 that are not inconsistent with the proposals above, shall continue during the term of this agreement. The parties agree to meet and confer regarding any and all proposed policy changes exchanged by the parties separately from successor MOU negotiations. rn c m a 2 d Vl Ul N d E C d A fq d LL N N M N N tll 4 t x w m E s u m Q 005119.000 Utl/1n044705v 1 2 Packet Pg.425 CITY OF SAN BERNARDINO LAST, BEST AND FINAL OFFER SEPTEMBER 26,2011 COMPENSATION REDUCTION Effective October 1, 2011 and continuing through June 30, 2012, all Fire Safety employees agree to a deduction of$1076.26 per month (post tax) towards City non-healthcare benefit programs. The deduction will-come on the deduction side (right side)of the paycheck. ARTICLE III. COMPENSATION: SECTION 7. PERS/RETIREMENT PLAN. SUBSECTION 's M d All individuals hired after January 1, 2011, shall contribute nine percent (9%) v towards the payment of the employee's contribution to PERS. After one year of employment, the City shall pay 1% of the members contribution to PERS. After E five years of employment, the City shall pay an additional 2% of the member's contribution to PERS. After ten years of employment, the City shall pay an additional 3% of the member's contribution to PERS. After fifteen years of employment, the City shall pay an additional 3% of the employee's contribution A to PERS. m d �. . CONTINUATION OF TERMS IMPOSED ON FEBRUARY 24. 2011 N N M TWO-TIER PERS BENEFIT FOR NEW HIRES Continuation of the City's amendment to the PERS contract to provide two-tier y retirement benefit of 3% at 55 for all employees hired on or after September 1, 2011. t x W VACATION SELL BACK d E Effective October 1, 2011, employees shall sell back a minimum of 48 hours of vacation leave on or before June 30, 2012. All sellback forms will be submitted a to the Finance Department by May 31,2011. VACATION ACCRUAL Employees shall have the following vacation accrual: 240 increase to 276 360 increase to 414 480 increase to 552 C 005119.00008110057029vi Packet Pg. 426 MAXIMUM ACCRUED SICK LEAVE Employees hired on or before June 30, 2010 will accrue sick leave at the rate of 4.0 hours per semi-monthly pay period for employees scheduled to work 40 hours per week, or 6.0 hours per semi-monthly pay period for shift employees,with no limit as to the number of days/shift that may accrue. Employees hired after July 1 2010 shall have a sick leave maximum accumulation of 480 hours. HEALTH Continue freeze of health contributions at July 1, 2010. The City shall contribute a flat rate of $571.66 for employee only and $992.56 for employee+l/family per month for each employee to be used to purchase City-sponsored medical, dental, vision, and life rn insurance. The City contribution amount will be based on the employee's medical `- selection. Any City contribution not utilized by the employee shall revert to the City. d OVERTIME--ARTICLE III,SECTION 6 a B. Definition: Overtime is defined as all hours worked in excess of the established E 7(k) work period. All overtime shall be reported in increments of six (6) minutes and is non-accumulative and non-payable when incurred in units of less than six (6) minutes. Overtime will be paid in accordance with FLSA standards. In v LL POLICIES M The City proposes to implement the following policies as presented: N * Light Duty H s * Taser and Baton X Lu * Disciplinary Policy m E L * Employee Performance Documentation a * Emergency Scene Rehabilitation C 005 119.00009110057029v1 Packet Pg.427 s c v x d N N A d E C 7 T d N UI d Q LL N N M N N N a L x w c w E L U A Q EXHIBIT 5 PacketPg428 i O1. Reinstate the 2006-2009 MOU with the following modifications: A. ARTICLE III,COMPENSATION: SECTION 7,PERS/RETIREMENT PLAN, SUBSECTION(A) "All new Fire Safety Employees hired on or after January 1,2011 will be in the 3%@55 retirement formula,as provided by Government Code Section 21363.1. The City further agrees to conduct a review of the retirement plans of the Charter section 186 agencies in August 2013 to assess if a majority of them offer 3%at 55 benefits for new employees of the respective fire departments. If it is found that a majority of departments still offer the 3% at 50 program for employees hired after January 1,2011,the City of San Bernardino will eliminate the two tier system and will provide all safety employees with the 3%at 50 benefit." c B. ARTICLE III,COMPENSATION: SECTION 7,PERS/RETIREMENT PLAN, SUBSECTION(F) v "All individuals hired after January 1, 2011,shall contributeyl'9%towards the payment of the employee's contribution to PERS. After one year of employment,the City shall pay 1%of the member's contribution to PERS. After five years of employment,the City — shall pay an additional 2%of the member's contribution to PERS. After ten years of employment,the City shall pay an additional 3%of the member's contribution to PERS. Z After fifteen years of employment,the City shall pay an additional 3%of the employee's m ri contribution to PERS. m LL C. Amend MOU to include articles B, C,F,and G of Side Letter 2009-140 N M D. Consistent with article D of Side Letter 2009-140,modify MOU to include the provision N "A minimum of 24 hours must be requested per sell back and employees will be allowed N to sell back holiday or vacation time anytime throughout the fiscal year. Employees may w sell back holiday and or vacation time up to six (6)shifts of holiday and(10) shifts of B vacation on a fiscal-year basis at anytime throughout the fiscal year as long as a x Lu minimum of 24 hours is requested per sell back and does not result in a negative vacation balance." E U' U E. ARTICLE IV FRINGE BENEFITS: SECTIOIN 1 HEALTHY IFE INSURANCE— _« ACTIVE EMPLOYEES, SUBSECTION (A) a _ "For the period commencing with the payroll peri�mg-°�-"- -^HI,,and continuing fit coughs 30; 2 All Fire Safety employees agree to a deduction of $400.00 per month(post tax)towards City non-healthcare benefit programs. The g c� deduction will come on the deduction side(right side)of the paycheck. F. ARTICLE VII,GENERALS PROVISIONS: SECTION 2,TERM OF MEMORANDUM OF UNDERSTANDING Extend the term of this Memorandum of Understanding(MOLD through June 30,2013. I Ve�hullr 5'�=� ''ijy)r OFFER NUMBER 2 FROM SBCPF SFViF v iq f vnaj I(Z3) The SBCPF,Local 891 hereby memorializes its most recent offer in negotiations. The Union continues to assert that any on-going negotiations are for the fiscal year 2012- 2013, as the City failed to comply with the provisions of Government Code §3505 and the EER for fiscal year 2011-2012. The SBCPF,Local 891, also continues to assert that the Union will not negotiate to lessen or reduce the protection of Charter §186. As we have stated throughout,the City Attorney has issued an opinion letter indicating that neither the City nor a willing bargaining group can negotiate away or lessen the provisions of Charter§186. The Union will not participate in any activity that will violate the provision of Charter§186 or any other law. As such, the SBCPF, Local 891 has rejected the City's request to negotiate the Charter = 186 formula so that it will result in no financial impact to the City or fire safety employees N covered by this agreement. Likewise,the Union will not agree to any language or provision that o calls for or is labeled a reduction in salary to its members., E T A. Reinstate the 2006-2009 MOU,but not provisions Resolution 2011-33,with the following modifications: N m 1. ARTICLE III, COMPENSATION: SECTION 7,PERS/RETIREMENT PLAN, SUBSECTION(A) M "All new Fire Safety Employees hired on or after January 1,2011 will be in the 3% @55 retirement formula, as provided by Government Code Section 21363.1. The City further agrees to conduct a review of the retirement plans of the Charter section 186 agencies in y August 2013 to assess if a majority of them offer 3%at 55 benefits for new employees of n the respective fire departments. If it is found that a majority of departments still offer the K 3%at 50 program for employees hired after January 1,2011,the City of San Bernardino w will eliminate the two tier system and will provide all safety employees with the 3% at 50 d benefit." t m 2. ARTICLE III,COMPENSATION: SECTION 7,PERS/RETIREMENT PLAN, a SUBSECTION(F) "All individuals hired after January 1,2011, shall contribute 9%towards the payment of the employee's contribution to PERS. After one year of employment,the City shall pay 1%of the member's contribution to PERS. After five years of employment,the City shall pay an additional 2% of the member's contribution to PERS. After ten years of employment,the City shall pay an additional 3%of the member's contribution to PERS. After fifteen years of employment,the City shall pay an additional 3% of the employee's contribution to PERS. 3. Amend MOU to include articles B,C,F, and G of Side Letter 2009-140 4. Consistent with article D of Side Letter 2009-140,modify MOU to include the provision "A minimum of 24 hours must be requested per sell back and employees will be allowed to sell back holiday or vacation time anytime throughout the fiscal year. Employees may sell back holiday and or vacation time up to six(6) shifts of holiday and(10)shifts of vacation on a fiscal-year basis at anytime throughout the fiscal year as long as a minimum of 24 hours is requested per sell back and does not result in a negative vacation balance." 5. ARTICLE IV, FRINGE BENEFITS: SECTIOIN 1,HEALTH/LIFE INSURANCE— ACTIVE EMPLOYEES. SUBSECTION(A) c Option A: If the City chooses to proceed with a mandatory sell back of vacation hours (up v to 2 shifts per year)this section would be modified to provide, "For the period commencing with the payroll period beginning August 1, 2012, and continuing through H June 30, 2013,All Fire Safety employees shall contribute$400.00 per month(post tax) E towards City non-healthcare benefit programs.A pay check deduction will come on the deduction side(right side)of the paycheck. If a the City Attorney or a court of competent jurisdiction determines that such a contribution violates the provisions of D Charter§186, this modification shall be null and void. Similarly, if said mandatory sell A back of vacation time is found to violate the Labor Code or any other provision of law, v �^ this modification shall be null and void. LL N Option B: If the City chooses not to require the sell back of vacation hours,this section M would be modified to provide, "For the period commencing with the payroll period beginning August 1, 2012, and continuing through June 30,2013,All Fire Safety N employees shall contribute$600.00 per month(post tax)towards City non-healthcare benefit programs. A pay check deduction will come on the deduction side(right side)of L the paycheck. If the City Attorney or a Court of competent jurisdiction determines that w such a contribution violates the provisions of Charter §186,this modification shall be null and void. d E r u 6. ARTICLE VII,GENERALS PROVISIONS: SECTION 2,TERM OF MEMORANDUM OF UNDERSTANDING a Extend the term of the Memorandum of Understanding(MOU)through June 30, 2013. 7. All proposed policies changes to be negotiated at the table(not separately as City. proposed). At current time,the Union does not agree with the three of the four policies proposal brought to the table by the City(Modified Duty,Disciplinary Policy or Evaluation Policy). The Rehab policy is still being reviewed at this time. The SBCPF, Local 891 will make a diligent effort to bring their proposed policy changes to the table at the next meeting. OFFER NUMBER"FROM SBCPF The SBCPF,Local 891 hereby memorializes its most recent offer in negotiations. The Union continues to assert that any on-going negotiations are for the fiscal year 2012- 2013, as the City failed to comply with the provisions of Govemment Code §3505 and the EER for fiscal year 2011-2012. The SBCPF,Local 891, also continues to assert that the Union will not negotiate to lessen or reduce the protection of Charter§186. As we have stated throughout, the City Attorney has issued an opinion letter indicating that neither the City nor a willing bargaining group can negotiate away or lessen the provisions of Charter§186. The Union will not participate in any activity that will violate the provision of Charter§186 or any other law. Coo v As such,the SBCPF, Local 891 has rejected the City's request to negotiate the Charter = 186 formula so that it will result in no financial impact to the City or fire safety employees y covered by this agreement. Likewise,the Union will not agree to any language or provision that o calls for or is labeled a reduction in salary to its members. E c T A. Reinstate the 2006-2009 MOU,but not provisions Resolution 2011-33,with the following modifications: v r LL 1. ARTICLE III,COMPENSATION: SECTION 7,PERS/RETIREMENT PLAN, SUBSECTION(A) M "All new Fire Safety Employees hired on or after January 1, 2011 will be in the 3%@55 retirement formula, as provided by Government Code Section 21363.1. The City further N agrees to conduct a review of the retirement plans of the Charter section 186 agencies in August 2013 to assess if a majority of them offer 3%at 55 benefits for new employees of a the respective fire departments. If it is found that a majority of departments still offer the w 3%at 50 program for employees hired after January 1, 2011,the City of San Bernardino will eliminate the two tier system and will provide all safety employees with the 3%at 50 benefit" E u A 2. ARTICLE III,COMPENSATION: SECTION 7,PERS/RET REMENT PLAN, a SUBSE "AIl individual nary 1,2011, shall contribute 9%towards the payment of the employee's contribution to P er one year of employment,the City shall pay 1%of the member's contribution to PERS. A ears of employment,the City shall pay an additional 2% of the member's contribution to e ten years of r 0 employment, the City shall pay an additional 3% of the member's con tribu 'o PERS. After fifteen years of employment,the City shall pay an additional 3% of the emproyeals contribution to PERS. - Packet Pg.432 3. Amend MOU to include articles B,C,F, and G of Side Letter 2009-140 4. Consistent with article D of Side Letter 2009-140,modify MOU to include the provision "A minimum of 24 hours must be requested per sell back and employees will be allowed to sell back holiday or vacation time anytime throughout the fiscal year. Employees may sell back holiday and or vacation time up to six(6) shifts of holiday and(10)shifts of vacation on a fiscal-year basis at anytime throughout the fiscal year as long as a minimum of 24 hours is requested per sell back and does not result in a negative vacation balance." ARTICLE IV FRINGE BENEFITS: SECTIOIN 1,HEALTH/LIFE INSURANCE— ACTIVE EMPLOYEES, SUBSECTION(A) rn Optio : If the City chooses to proceed with a mandatory sell back of vacation hours(up v to 2 shifts year)this section would be modified to provide, "For the period commencing ' the payroll period beginning August 1,2012, and continuing through June 30,2013,All ' Safety employees shall contribute$400.00 per month(post tax) E towards City non-health benefit programs. A pay check deduction will come on the — deduction side(right side)o aycheck. If a the City Attorney or a court of d` competent jurisdiction determines such a contribution violates the provisions of it Charter§186,this modification shall be an void. Similarly, if said mandatory sell ��, back of vacation time is found to violate the or Code or any other provision of law, this modification shall be null and void. LL N Option B: If the City chooses not to require the sell back of vaca ' ours,this section M would be modified to provide,"For the period commencing with the pa Il period beginning August 1, 2012, and continuing through June 30,2013,All Fire S N employees shall contribute$600.00 per month(post tax)towards City non-heal e 9 benefit programs. A pay check deduction will come on the deduction side(right sid of a the paycheck. If the City Attorney or a Court of competent jurisdiction determines that w such a contribution violates the provisions of Charter§186,this modification shall be null c and void, d E r u 6. ARTICLE VII, GENERALS PROVISIONS: SECTION 2,TERM OF MEMORANDUM OF UNDERSTANDING a Extend the term of the Memorandum of Understanding(MOU)through June 30, 2013. 7. All proposed policies changes to be negotiated at the table(not separately as City. proposed). At current time,the Union does not agree with the three of the four policies proposal brought to the table by the City(Modified Duty,Disciplinary Policy or Evaluation Policy). The Rehab policy is still being reviewed at this time. The SBCPF, Local 891 will make a diligent effort to bring their proposed policy changes to the table at the next meeting. II I d i m i a E T d A y d LL N N M B L X W C d E L V A Q i EXHIBIT 6 Packet Pg.434 ATKINSON , ANDELSON, LOYA, RUUDS, ROMO A PROFESSIONAL CORPORATION FRESNO RIVER51DE Isms 225a7m ATTORNEYS AT LAW m5uee3-1122 PA%(56D1225U416 FAX 1951)669-1144 1 2800 CENTER COURT DRIVE, SURE 300 IRVINE CERRITOS. CALIFORNIA 90703-9384 SACRAMENTO 194%46}4260 (562) 653-3200-(714) 825-6480 191 a1923.1 zoo Fur (94 9)4 6 54 26 2 FAX 19 16)923-1222 PLEASANTON SAN DIEGO 1.zs1 2279ZO FAX(562) 653-3333 term 465-952e rAx 1.x61 2279202 WWW.AALRR.COM FAX 1651.465�D41 z WR ALE NUMBER: September 28, 2011 oos 1 0.00005 I OO6IOOBVi E-MAIL poanttorney( aol com M FACSIMILE(310)379-0456& FIRST CLASS MAIL s c Corey Glave,Esq. 'm Attorney at Law _ 1042 2nd Street v Hermosa Beach,CA 90254 a Re: City of San Bernardino and Fire Safety Employee Unit E E Dear Mr. Glave: T d Pursuant to the City of San Bernardino Employer-Employee Relations Resolution, Section 13, on behalf N of the City,I write to inquire if you are interested in an impasse procedure meeting. If you are interested 0 in an impasse meeting, please inform me by 12 noon on October 3, 2021 of your availability to meet a before October 14,2011. If the FSE has an impasse resolution preference, please provide this to me as it a would be helpful information to provide to the Council. I will brief the Council about the status of labor 6D9 negotiations on October 3,2011 at 1:30 p.m. m As a result of the Monday, September 26, 2011 bargaining session,the possibility of settlement by direct iD discussion has been exhausted and thus the City declared impasse. The disputed issue is the City's proposal asking for labor concessions. The FSE's September 26,2011 proposal was a step backwards as s it withdrew all the previous proposals related to salary savings. The FSE verbally issued a proposal that I j was regressive and failed to provide for any alternative means for labor cost savings, m I am enclosing the Last, Best, and Final Offer that was handed to you on September 26, 2011 as it is the E basis of the impasse. Q Sincerely, A,TK�fI N'tSON, ANDELSON,LOYA,RUUD&ROMO Irm' a Rodrigue IRM/ab Enclosure cc: Linn Livingston(via email) Packet Pg..435 CITY OF SAN BERNARDINO LAST,BEST AND FINAL OFFER SEPTEMBER 26,2011 COMPENSATION REDUCTION Effective October 1, 2011 and continuing through June 30, 2012, all Fire Safety employees agree to a deduction of $1076.26 per month (post tax) towards City non-healthcare benefit programs. The deduction will come on the deduction side (right side) of the paycheck. ARTICLE III COMPENSATION• SECTION 7 PERS/RETIREMENT PLAN SUBSECTION (F) d All individuals hired after January 1, 2011, shall contribute nine percent (9 1/6) towards the payment of the employee's contribution to PERS. After one year of employment, the City shall pay 1% of the members contribution to PERS. After five years of employment, the City shall pay an additional 21/6 of the member's — contribution to PERS. After ten years of employment, the City shall pay an additional 3% of the member's contribution to PERS. After fifteen years of T employment, the City shall pay an additional 3% of the employee's contribution to PERS. m v LL 4 CONTINUATION OF TERMS IMPOSED ON FEBRUARY 24,2011 N M TWO-TIER PERS BENEFIT FOR NEW HIRES Continuation of the City's amendment to the PERS contract to provide two-tier retirement benefit of 3% at 55 for all employees hired on or after September 1, 2011. x >< W VACATION SELL BACK v Effective October 1, 2011, employees shall sell back a minimum of 48 hours of vacation leave on or before June 30, 2012. All sellback forms will be submitted r to the Finance Department by May 31,2011. a VACATION ACCRUAL Employees shall have the following vacation accrual: 240 increase to 276 360 increase to 414 480 increase to 552 00 5119.00 09/10057029vI PacketPg..436 MAXIMUM ACCRUED SICK LEAVE Employees hired on or before June 30,2010 will accrue sick leave at the rate of 4.0 hours per semi-monthly pay period for employees scheduled to work 40 hours per week, or 6.0 hours per semi-monthly pay period for shift employees, with no limit as to the number of days/shift that may accrue. Employees hired after July 1 2010 shall have a sick leave maximum accumulation of 480 hours. HEALTH Continue freeze of health contributions at July 1, 2010. The City shall contribute a flat rate of $571.66 for employee only and $992.56 for employee+l/family per month for each employee to be used to purchase City-sponsored medical, dental, vision, and life insurance, The City contribution amount will be based on the employee's medical `- selection. Any City contribution not utilized by the employee shall revert to the City. OVERTIME--ARTICLE III, SECTION 6 a B. Definition: Overtime is defined as all hours worked in excess of the established E 7(k) work period. All overtime shall be reported in increments of six (6) minutes and is non-accumulative and non-payable when incurred in units of less than six (6) minutes. Overtime will be paid in accordance with FLSA standards. U) d LL POLICIES M The City proposes to implement the following policies as presented: o, * Light Duty 4 a * Taser and Baton X LU * Disciplinary Policy E r * Employee Performance Documentation m a * Emergency Scene Rehabilitation 005119.00008/10057029v1 Page 1 0 Irma Rodriguez Moisa From: Poaattomey@aol.com Sent: Monday, October 03, 2011 11:31 AM To: Irma Rodriguez Moisa Cc: penmanja @sbcity.org; scottmoss43 @gmail.com Subject: City of San Bernardino: City's Declared Impasse Ms. Moisa We are in receipt of your September 28, 2011, letter regarding an impasse procedure meeting_ You indicated that the disputed issue,that lead the City to declaring impasse, is the City's asking for labor concessions and the Union's withdraw of all proposals related to salary savings. First, as we have stated throughout,the City failed to initiate the meet and confer process for the fiscal year 2011-2012 prior to the adoption by the public agency of its final budget for the ensuing year. The City's timing H of its demand to enter into negotiations did not include adequate time for the resolution of impasse as required y by the Government Code and the City's Employer-Employee Relations Resolution. o E Next, the City further acted in bad faith as it never really endeavored to reach agreement on matters within the y scope of representation. In fact, the City's negotiation team, lead by yourself,continually made false D representations and/or provided false and misleading information to the Union's team. r d Finally, it was the City's team that indicated that the Union's proposal, and any proposal that included salary y reductions and/or compensation reductions was inconsistent with the City Charter. As we continually informed v the City's team,the Union would not act in violation of state law nor in violation of the City Charter. After being LL put on notice that the City believed that the Union's proposals were inconsistent with the City Charter,the Union withdrew any proposal that the City indicated may be inconsistent with the Charter. The City then n declared impasse; clearly because the Union would not participate with the City in unlawful actions. w As the Union will not violate state law or the City Charter, as the City's team has proposed and/or encouraged, there is no need for an "impasse procedure meeting." The City has enough corruption investigations going on; w we do not want to participate in any additional conspiracies to violate the law or charter. n s When you update the City Council on the status of"negotiations," please provide them a copy of this a-mail, w m Corey Glave E Attorney at Law m Cell: 323-547-0472 Fax: 310-379-0458 This electronic mail transmission, including any attachments, may contain confidential information which is legally privileged. This information is intended only for the use of the individual or entity named above and may contain information that may be protected by the attomey-client privilege,work-product doctrine, or other privilege, and may be restricted from disclosure pursuant to applicable stated and/or federal law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail information in error, please notify the sender immediately and permanently delete all copies of the original e-mail and any attached document(s). Corey Glave, Attorney at Law, does not accept or consent to the service of process, motions, pleadings, documents or any other items by electronic format. Correspondence via electronic format does not indicate an Qagreement or consent to acceptance of service in such format. Thank you and have a great day. 10/31/2011 ATKINSON, ANDELSON , LOYA, RUUD S ROMO A PROFESSIONAL CORPORATION FRESNO RIVERSIDE 56RESN 700 ATTORNEYS AT LAW 195U5d3•uz2 FAX 5)z 225341 B F.1951168}.1 44 1 2B00 CENTER COURT DRIVE, SURE 300 9q qAM NTO IRVINE. CERR708. CALIFORNIA 907039364 Z 194914534280 (562) 853-3200-(714) 826-5480 191819z312 I459J282 FAX 191 E1923' 222 FM(9491 PIPASANTON SAN DIEGO 1025)227N200 FAX(582) 853-3333 1568:485-QSZS FAX 19 2 51 2979202 WVVW.AA RR.COM FM M581465-941 2 O MIX NUM : 005119.00008 October 4,2011 1006552< i EoMAIL poaattorney@&01 com VIA FACSIMILE(310)379-0456&FIRST CLASS MAIL rn Corey Glave,Esq. Attorney at Law _ 1042 2nd Street y Hermosa Beach, CA 90254 0 E Re: City of San Bemardino and Fire Safety Emolovee Unit Dear Mr. Glave: a, Given your October 3, 2011 email correspondence stating that the FSE were not interested in n participating in an impasse resolution meeting, the City Council has directed that the impasse a resolution procedure will be a hearing before the Council. To ensure the FSE's availability to participate, if it so chooses, the Council will hold the hearing at either of its next two regularly- M scheduled Council meetings, October 17 or November 7, 2011. Please let me know by Monday October 10, at 12noon, as to which of these days is preferred by the FSE. If the FSE do not have °D a preference, then the hearing will be scheduled for October 17. The FSE will have an opportunity to submit written communications to the Council, via the City Clerk, and an a opportunity to make a verbal presentation. Once the date of the hearing is set,I will inform you x of the deadline to submit any written materials. w c m Please do not hesitate to contact me if you have any questions. E U A Sincerely, a ATKINSON ANDELSON,LOYA,RUUD &ROMO lZkn � IRM/ab cc: Linn Livingston (via email) Stephanie Easland(via email) Packet Pg.439 6.A.d COREY WMIAW GLAVE ATTORNEY AT LAW 1042 2"m STREET HEiRMOSA BEACH,CALIFORNIA 90254 TELEPHONE(310)379-0065 I'MMIMILE(310)379-0456 E-mail POAattomeyOaot.com October 12,2011 VIA E-MAIL AND FIRST CLASS MAIL Irma Mosia Atkinson, Andelson, et al - d x v &-L San Bernardino City Professional Firefighters-Eumorted Impasse Q E Ms.Moisa, E M We are in receipt of your communications regarding the City's declaration of impasse and v communications regarding the scheduling of an"Impasse Resolution meeting". N d First,as we have stated throughout, we do not believe tbat we are in negotiations for any LL matters related to fiscal year 2011-2012 as the City failed to initiate the meet and confer process N for the fiscal year 2011-2012 prior to the adoption by the public agency of its final budget for the ensuing year.The City's timing of its demand to enter into negotiations did not include adequate o, time for the resolution of impasse as required by the Government Code and the City's Employer- o Employee Relations Resolution. Consequently,any declaration of impasse is of itself in bad faith,just as the City's purported negotiations. r x w Next,the City further acted in bad faith as it never really endeavored to reach agreement on matters within the scope of representation. In fact,the City's negotiation team,lead by yourself,continually made false representations and/or provided false and misleading information to the Union's team. When challenged on said information,you simple refused to a answer questions or changed the subject. Finally, it was the City's team that indicated that the Union's proposal, and any proposal that included a salary reduction and/or compensation reduction,was inconsistent with the City Chatter. We continually informed the City's team that the Union would not act in violation of state law nor in violation of the City Charter. After being put on notice that the City believed that the Union's proposals were inconsistent with the City Charter, the Union withdrew any proposal that the City indicated may be inconsistent with the Charter. The City then declared impasse; clearly because the Union would not participate with the City in unlawful actions. I.Moisa October 12,2011 Page 2 As the Union will not violate state law or the City Charter as the City's team has proposed and/or encouraged,there is no need for an"impasse resolution meeting." It is clear that the majority of the City Council,together with the Mayor,have no regard for the law and the City will continue on its predetermined plan to violate the City Charter and state law. If it does so,it does so without the participation of the Firefighters. Just to be clear,it is the Union's position that the City cannot impose any reduction in the salary of the employees and cannot force any employee to give money back to the city,in any form or manner. Neither the Union,nor its members are not consenting to the imposition and/or a forced implementation of any item contained in the City's Last,Best,and Final Offer.'The `- Union and its members specifically reserve all legal rights and remedies. V � m > A a E CORE W.GLAVE T R cc:4 Client n d LL ' N N M OJ Yl 4 L K W C E E z U A Q ' Packet Pg.441 Page 1 o OIrma Rodriguez Moisa From: Poaattomey @aol.com Sent: Wednesday, October 12, 20116:20 PM To: Irma Rodriguez Moisa Subject: Re: SBCPF v. CoSB: Impasse Resolution Meeting We will not be attending and/or participating in any impasse hearing the Mayor and Common Council hold. . We are reserving all our rights, and the City can take whatever action they wish, but they do at their own peril after having been put on notice. Corey Glave Attorney at Law Cell: 323-547-0472 Fax: 310-379-0456 This electronic mail transmission, including any attachments, may contain confidential information which is y legally privileged.This information is intended only for the use of the individual or entity named above and may c contain information that may be protected by the attomey-client privilege, work-product doctrine, or other E privilege, and may be restricted from disclosure pursuant to applicable stated and/or federal law. If you are not — the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action c in reliance on the information is strictly prohibited. If you have received this e-mail information in error, please > notify the sender immediately and permanently delete all copies of the original e-mail and any attached document(s). m N v Corey Glave,Attorney at Law, does not accept or consent to the service of process, motions, pleadings. LL documents or any other items by electronic format Correspondence via electronic format does not indicate an agreement or consent to acceptance of service in such format. M Thank you and have a great day. m In a message dated 10/12/20114:16:18 P.M. Pacific Daylight Time, (Moisa @aalrr.com writes: n z Corey: w This email confirms that I have received this correspondence. v E I assume you are sending it to ensure that it is provided to the City Council in its packet for the November 7, 2011 impasse hearing. I will make sure they have it. I have already expressed my disagreement with your points in previous correspondence and in-person meetings. See you on November 7, 201 Irma Rodriguez Moisa Sent from myiPhone, (562) 822-1991. On Oct 12, 2011, at 12:59 PM, "Poaattorney@aol.com"<POaaftomeVColaol.com>wrote: Ms. Moisa, aPlease see the attached letter regarding the above matter. Packet Pg. 442 10/312011 Page 2 0 Corey Glave Attorney at Law Cell: 323-547-0472 Fax: 310-379-0456 This electronic mail transmission, including any attachments, may contain confidential information which is legally privileged. This information is intended only for the use of the individual or entity named above and may contain information that may be protected by the attomeyclient privilege,work-product doctrine, or other privilege, and may be restricted from disclosure pursuant to applicable stated and/or federal law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail information in error, please notify the sender immediately and permanently delete all copies of the original e-mail and any attached document(s). rn Corey Glave,Attorney at Law, does not accept or consent to the service of process, motions, pleadings, documents or any other items by electronic format. Correspondence w via electronic format does not indicate an agreement or consent to acceptance of service x in such format. m m Thank you and have a great day. E <cwg 101211 letter to moisa.pdf> T d R N v LL N M W N a t x W c m E z U A a Packet Pg. 443 10/31/2011 s�a.a a c v x a y Ul A Q E 'c 7 d `m pl m LL N H M M N h a r K w c m E r u m a EXHIBIT 7 PacketPg.444 . ATKINSON, ANOELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION FRESNO RIVERSIDE (559122&6700 ATTORNEYS AT LAW 1951)6631122 FN(I55W 225-3415 r"(051)003-1144 1 2600 CENTER COURT DRIVE, SUITE 300 IRVINE CERRITOS, CALIFORNIA 90703-9304 SACRAMENTO 19491 4 5 342eo (562) 653-3200-(714) 626.5460 (9161923-I 99 FA (9491453<252 IM 19 161 923-1 222 PLEASANTON SAN DI rD (926)227.9200 FAX(562)653.3333 (556)455.952e r"(9251 227-9202 WWW.AALRR-COM F"(e68)4669412 WR ME Wo M; August 3, 2011 t000a70a VIA FACSIMILE AND FIRST CLASS MAIL m c m x Corey W. Glave H 1042 2nd Street m Hermosa Beach,California 90254 ° E Re: Fire Safety Neeotiations-City of San Bernardino T Dear Mr. Glave: w 6) w During the July 25, 2011 Fire Safety Negotiation Meeting relating to the City of San Bernardino, you expressed the opinion that your clients were no longer obligated to meet and confer L inasmuch as a budget had already been adopted for the 2011-2012 fiscal year. Specifically, the M following exchange took place on the record between you and me: Corey: On the offer that you gave, you have the tern of July 1, 2011 through June 30,2012. Y a z Irma:.Yes. w Corey: But you already passed the budget and Myers-Milias-Brown Act requires E you to do the negotiations, including impasse,prior to the adoption of the budget. m Irma: I don't think that's exactly what Myers-Milias-Brown Act requires. What a Myers-Milias-Brown Act requires is that I meet with you during the budget cycle. And I attempted to meet with you before June 30; I sent you a-mails to that effect and these past two July dates are the dates you offered to me that you were available. So, I certainly offered to meet with you before the budget was adopted; you weren't available,and I took the earliest date you offered. Corey: Does Myers-Milias-Brown Act require you to meet and confer and have all the procedures to meet and confer and impasse and implementation prior to the adoption of the budget? Irma: I don't know what you are talking about. Packet Pg.445 ATKINSON, ANDEL40N, LOYA, RuuD S. ROMO Corey W. Glave August 3,2011 Page 2 Corey: I'm just talking about Government Code Section 3505 and 3505.4 that requires that it be done, that this process should include adequate time for resolution at impasse where specified procedures for such resolution are contained in local rules when such procedures by mutual consent and that prior to the adoption of the budget for the ensuing year. So you guys are late, if you're looking to budget to negotiate for 2012/2013 then you would still be within that timeframe. Irma: I completely disagree with your interpretation of that code section. Later during the same meeting, you invited me to provide you with authority countering the position that you had placed on the record, which is cited above. Specifically, you stated, in y pertinent part: a Corey: And if we do a counter, it will be for 2012-2013 fiscal year as that is the one that can only be properly negotiated at this time. If you have some authority that you can do it retro after you guys implemented your budget and by counter to 3505 with such language is pretty specific and clear, let me know. In response to this invitation, I direct your attention to Dublin Professional Fire Fighters, Local LL 1885, et al, v. Valley Community Services District (1975) 45 Cal.App.3d 116, which addressed the issue that you have presented. In that case, the district took the same position that you are M now putting forth- "that a request to meet and confer is ineffective if it is not made prior to the adoption of a budget." (Id. at 119.) However, the Court of Appeal rejected that argument and 00 specifically held that a request for a conference may be made at any time by either side, even y after the adoption of a budget. (Id) In this regard,the Court of Appeal wrote: s L X The construction proposed by the district is not correct; the obligation, in proper w cases, to 'meet and confer promptly upon request' is absolute, while the statutory v admonition to 'reach agreement' before the adoption of the budget is only L hortatory. . . . We conclude that a request for conference may be made at any time by either side, though the possibility of resolving disagreements will of course be a much influenced by the practical realities of the budget cycle. (1d) Based upon this direct authority, your claim that your clients are no longer obligated to meet and confer in good faith in connection with the 2011-2012 fiscal year is contrary to case law specifically interpreting Government Code Section 3505. Thus, the City of San Bernardino expects that any counter from your clients will also address the 2011-2012 fiscal year. Moreover, the City of San Bernardino also expects that you and your clients will continue to negotiate in good faith with regard to any and all issue pertaining to the 2011-2012 fiscal year, especially in light of the City's request to meet and confer beginning on May 4, 2011, and your limited availability. C ATKINSON, ANDELSON, LOYA, RUUD & ROM0 Corey W. Glave August 3,2011 Page 3 If you have any questions or wish to discuss this issue further,then please feel free to contact me. I look forward to our continued negotiations. Very truly yours, ATKINSON,ANDELSONy, LOYA,RUUD&ROMO Irma Rodriguez Moisa IRM/ab x d cc: Linn Livingston(via email only) v E T d A N y LL N N M W N a t X W C E E L U A Q V d d M @ 6 E C 7 T d R N d LL N h M W N a r x w c d E z U Q EXHIBIT 8 PacketPg.448 CITY OF SAN BERNARDINO LAST,BEST AND FINAL OFFER SEPTEMBER 26,2011 COMPENSATION REDUCTION Effective October 1, 2011 and continuing through June 30, 2012, all Fire Safety employees agree to a deduction of$1076.26 per month (post tax) towards City non-healthcare benefit programs. The deduction will come on the deduction side (right side)of the paycheck. ARTICLE III COMPENSATION: SECTION 7 PERS/RETIREMENT PLAN SUBSECTION c i All individuals hired after January 1, 2011, shall contribute nine percent (9 1/6) y towards the payment of the employee's contribution to PERS. After one year of o employment, the City shall pay 1% of the members contribution to PERS. After E five years of employment, the City shall pay an additional 2% of the member's contribution to PERS. After ten years of employment, the City shall pay an additional 3% of the member's contribution to PERS. After fifteen years of employment, the City shall pay an additional 3% of the employee's contribution w to PERS. LL CONTINUATION OF TERMS IMPOSED ON FEBRUARY 24, 2011 N M TWO-TIER PERS BENEFIT FOR NEW HIRES Continuation of the City's amendment to the PERS contract to provide two-tier retirement benefit of 3% at 55 for all employees hired on or after September 1, z 2011, w VACATION SELL BACK e E Effective October 1, 2011, employees shall sell back a minimum of 48 hours of Y vacation leave on or before June 30, 2012. All sellback forms will be submitted a to the Finance Department by May 31,2011. VACATION ACCRUAL Employees shall have the following vacation accrual: 240 increase to 276 360 increase to 414 480 increase to 552 005119.00009110057029x1 �- MAXIMUM ACCRUED SICK LEAVE Employees hired on or before June 30,2010 will accrue sick leave at the rate of 4.0 hours per semi-monthly pay period for employees scheduled to work 40 hours per week, or 6.0 hours per semi-monthly pay period for shift employees,with no limit as to the number of days/shift that may accrue. Employees hired after July 1 2010 shall have a sick leave maximum accumulation of 480 hours. HEALTH Continue freeze of health contributions at July 1, 2010. The City shall contribute a flat rate of $571.66 for employee only and $992.56 for employee+l/family per month for a each employee to be used to purchase City-sponsored medical, dental, vision, and life insurance. The City contribution amount will be based on the employee's medical selection. Any City contribution not utilized by the employee shall revert to the City. A OVERTIME--ARTICLE III, SECTION 6 E B. Definition: Overtime is defined as all hours worked in excess of the established 7(k) work period. All overtime shall be reported in increments of six (6) minutes and is , non-accumulative and non-payable when incurred in units of less than six (6) minutes. w Overtime will be paid in accordance with FLSA standards. LL N N M POLICIES The City proposes to implement the following policies as presented: * Light Duty t x W * Taser and Baton d * Disciplinary Policy r U A * Employee Performance Documentation * Emergency Scene Rehabilitation 005119.00008/10057029x1 7 DRAFT SAN BERNARDINO CITY FIRE DEPARTMENT LIGHT DUTY PROGRAM (Replaces SBFD Standard Operating Procedure 10.49) PROPOSE: To establish a modified duty program for employees of the fire department whose physical industrial injuries preclude them from returning to the regular duties of their permanent position. POLICY: It is the goal of the fire department to locate and assign modified and/or light duty whenever possible to employees who are temporarily disabled from their regular job as a result of an on- the-job injury.All such work assignments are to be within the limitations defined by the City- m approved treating physician. The following guidelines will be used when it becomes necessary to place an injured employee in R the retum-w-work program: E I. The City-approved treating physician shall describe the employee's limitations in sufficient detail to enable the city to determine if a suitable temporary modified or light duty work d assignment exists. m 2. Upon receiving information from the City-approved physician indicating that temporary LL modified duty is appropriate,the employee shall immediately forward such information to .. C1 Fire Administration through the on-duty battalion clue£. 3. Time final approval for a modified duty assignment lies with the Fire Chief. n N 4. Upon receiving this information;the fire chief or his designee shall to locate or design work a L assignment that is within the limitations and the skills/abilities of the employee,as described w by the treating physician.This may include temporarily assigning the employee to perform E work in other divisions within the department,if a suitable work assignment exists.A copy of A the physician's record will be sent to the department for review with the approval of the a employee. 5. The modified/light duty program shall not exceed 90 working days in total.Exceptions shall be reviewed on an individual case basis by Risk Management,the employee's department, and treating physician. 6. Medical status reports shall be required from the treating physician at a minimum of every thirty(39)days.It shall the responsibility of the affected employee to ensure prompt delivery ofhislher medical report to Fire Administration. 7. The Fire Chief, at his/her discretion,may extend the modified duty status beyond the 90 days based on the employee's medical condition as assessed by a qualified physician, and ti.. availability of work. 8. Upon release to regular work duties,without restrictions,the employee shall be returned to his/her regular work unit and his/her regular position,per doctor's evaluation. 9. Persons not being able to work a full work day will be able to pro-rate Temporary Disability payments and light duty tune; sick leave may be used to supplement differences in TO and regular time worked. PROCEDURE: The Risk Management Department will inform the treating physician of the CVs policy on modified duty.The employee's direct supervisor shall contact the Risk Management Department y to confirm that the employee will be performing a modified and/or light duty assignment within E 24 hours of establishing such.The employee's time sheet shall be maintained by the employee's c regular department or division. A N m EXCLUSIONS: This program may preclude certain types of industrial illnesses,injuries,and LL very restrictive physical limitations which are limited by the treating physician.This program M also precludes absences covered by the employee's sick leave provision. DEFINITIONS OF DEGREES OF WORK a s X 1. Sedentary Work: w Transporting ten pounds maximum and occasionally lifting and/or carrying such articles as dockets,ledgers and small tools. Al though a sedentary job is defined as one which involves sitting, a certain amount of walking and standing is often necessary in carrying out job duties. a Jobs are sedentary if walking and standing are required only occasionally and other sedentary criteria are met. 2. Light Work: Lifting twenty pounds maximum with frequent lifting and/or carrying of objects weighing up to test pounds.Even though the weight lifted may be only a negligible amount,a job is in this category when it requires walking or standing to a significant degree,or when it involves a- sitting most of the time with a degree of pushing and pulling of arm and/or leg controls. Fes, 3. Medium Work: Lifting fifty pounds maximum with frequent lifting and/or carrying of objects weighing up to twenty five pounds. 4. Heavy Work: Lifting one hundred pounds maximum with frequent lifting and/or carrying of objects weighing up to fifty pounds. S. Very Heavy Work: Lifting objects in excess of one hundred pounds with frequent lifting and/or carrying of objects weighing fifty pounds or more. rn c .q d d Y1 Vl A a E T d N N d LL N N M W b 49 a_ r X w c E E s U A Q PacketPg.453 . 6.A.d San Bernardino City Fire Department Operational Procedure Number. Specialized Investigations Bureau Effective Date: 05/0912011 Revised: Subject: Use Of Electronic - -- — _ Control Device (Taser) Approved: Cross Reference: `- v N N Policy a The Taser is a hand held electronic immobilization device, which is considered an intermediate significant use of force that is used for controlling suspects who pose an intermediate threat to Fire Department personnel or the public, based upon objective factors available to the officer at w the time the Taser is deployed and when less intrusive means cannot be used under the n circumstances. `. Procedure N M W PROCEDURES N s«- I. Performance Characteristics and Operational Limitations x Lu v A. M26 Advanced Tasers and X26 Tasers have been designed for operation at E moderate temperatures (20 to 114 degrees Fahrenheit). Operation at temperatures outside this range may negatively affect performance. a B. M26 Advanced Tasers and X26 Tasers have an effective range of 0 to 21 feet, but should be deployed within a range of 12 to 18 feet for optimum efficiency. C. Efforts shall be made to deploy the Taser to the suspect's lower chest area. Probes will not be intentionally aimed at or fired against the suspect's head, neck, upper chest area or genital area. (Attached diagram) 1 Packet Pg. 454 D. Only Duracell Ultra AA or Energizer Nickel Metal Hydride (NiMH) AA rechargeable batteries will be used in the M26 Tasers. Only a Digital Power Magazine (DPM) shall be used in the X26 Taser. This battery should be good for approximately 195 5-second firing cycles. Always store tfie X26 Taser with the DPM to maintain Taser integrity. E. To avoid the potential for accidents, Tasers shall be loaded and unloaded in open areas outside of the building with the weapon on'safe' and directed away from all persons in the immediate vicinity. A spark test should be conducted before the beginning of each shift, to ensure the Taser is operating properly. rn m II. The following guidelines shall be adhered to at all times: _ v N N A t]. A. Only Department approved Tasers shall be utilized by personnel. E c B. The Taser shall be carried as a part of an on duty uniformed investigator's equipment in an approved holster so that it is readily accessible at all times. m w �M LL C. Tasers shall be issued to and used only by those who have completed the N Department's Taser Training Program. M D. Following the use of the Taser the investigator/officer shall notify their direct supervisor, battalion/duty chief and arson unit captain. The Arson Unit Captain and the Battalion Chief will coordinate notifications to the Fire MarshaVDivision r Chief and the San Bernardino Police department regarding the incident and W applicable reporting requirements. m E E. Any individual subjected to an application of the Taser, in either the "probe" or the"touch/drive stun"mode, shall be taken to a medical facility prior to booking, a for appropriate medical treatment and/or removal of the probes. F. The Taser shall not be applied to gain compliance over persons whom personnel reasonably believe are not presenting an immediate, credible threat to the safety of Department personnel or the public,based on objective factors. 1. In the absence of an articulable immediate threat to department personnel or the public,the Taser shall not be deployed 1)to apprehend non-violent misdemeanants; 2) to detain non-violent misdemeanants; and 3) against a r passively resistant subject. �s 2 2. Whenever feasible, a warning shall be given to a suspect that the Taser will be deployed if the suspect does not comply with commands 3. Whenever feasible, personnel must consider less intrusive means to apprehend the suspect 4. Avoid deploying Tasers on suspects on elevated platforms or other places where a fall could be more injurious. 5. When dealing with exhausted suspects exhibiting symptoms of distress and/or agitated/excited delirium, once the Taser has been deployed, minimize the duration of any physical struggle when engaging in capture procedures. a v G. Application of the Taser shall be discontinued once the suspect is controlled. _ d N N a H. Personnel, investigator(s) or officer(s) may demonstrate a "sparking" of the E weapon in an effort to gain voluntary compliance of the suspect. In the event of such a demonstration, personnel shall contact the Arson Unit Captain and Battalion/Duty Chief fully explaining the necessity and details of their actions. d Following the verbal report, a written memorandum providing the details of the y incident shall be submitted to the Arson Unit Captain and Battalion/Duty Chief. This report will be forwarded to the Fire Marshal/Division Chief. N I. Except in *exigent circumstances, the Taser shall not be applied to the following without notification or approval of the San Bernardino Fire Department's Arson w Unit Captain and/or Fire Marshal,of the intent to use the Taser. o N 1. Civil demonstrators s 2. Handcuffed persons (a Taser shall not be utilized on a handcuffed person w as a"come along" method, and/or in a manner to control their movement, or lack thereof) 3. Persons detained in a police vehicle 4. Persons detained in any custodial setting 5. Persons in control of a motor vehicle a 6. Persons in danger of falling from potentially lethal heights or becoming entangled in machinery or heavy equipment which could result in death or serious bodily injury 7. Persons near or those that douse themselves with flammable liquids or combustible fumes 8. Persons near any body of water that may present a drowning risk 9. Persons known to have a pacemaker or known to be pregnant *Exigent circumstances are defined as circumstances where the life of an officer or another person's life or safety is threatened fir.. 3 (� J. Officers/Investigators will constantly evaluate the effectiveness of the deployed �r•' Taser. The use of multiple repeat applications or multiple officers/investigators deploying the Taser shall constantly be re-evaluated. If the Taser is ineffective, other strategies should be employed to gain compliance. III. Reporting Use of Terser A. With the exception of the pre-shift spark test, all Taser discharges shall be repotted to the investigator/officer's direct supervisor, battalion/duty chief and arson unit captain.The incident shall be documented in a report/memorandum and the Use of Force form and must include the following: v I. All objective factors which relate to and/or demonstrate an immediate threat by a suspect to department personnel or the public shall be clearly y articulated; E 2 The warning,or reasons for not issuing a warning prior to deploying the Taser shall be documented. T 3. The consideration of less intrusive means; and the reasons that less y intrusive means were not used prior to deploying the Taser shall be d documented a N M B. The Use of Force form shall be forwarded to the appropriate chief for review via the chain of command by the supervisor completing the form. Replacing the cartridges will be the responsibility of the Investigator and Administrative Investigation Unit Captain,via the chain of command. a s x w C. If an accidental discharge occurs,the investigator shall immediately notify the fire d department's Arson Unit Captain regarding the discharge. Every effort will be z made to recover the probes so as not to pose an injury hazard to the community. o If the supervisor determines that the discharge was not caused by operator error, a the Taw armorer will complete an inspection of the Taser to determine the cause of discharge. If it can be determined that a mechanical malfunction occurred, the Taser will be taken out of service until the mechanical malfunction can be identified and repaired. The investigator/officer will notify the arson investigation unit captain, and or the fire marshal as soon as practical after the incident. If an injury occurs due to an accidental discharge, the arson investigation unit captain, and fire marshal will be notified as immediately. 4 Packet Pg.457 D. All reporting of Taser incidents shall be conducted in accordance with the employee's rights under the Peace Officer Procedural Bill of Rights for peace officers and under the Firefighters Bill of Rights for non-peace officer fire personnel. E. If an accidental discharge is determined to be operator error, then the investigator will be re-trained in the use of the Taser. It shall be the responsibility of the Administrative Investigation Unit Captain to ensure this re-training is accomplished as soon as practical. IV. Treatment of Tasered Subjects Once in custody, the suspect shall be transported to a designated medical facility where the probes will be removed. x A. If the tasered subjects are exhibiting symptoms of exhaustion, distress, or y agitated/excited delirium and appear to be in significant physical distress, o immediate medical attention should be requested. E B. Only medical personnel shall remove the Taser probes. C. The transporting investigator/s shall obtain medical clearance from the y emergency room physician prior to transporting the suspect to a booking or d (� psychiatric facility. LL M V. Training A. San Bernardino Police Department Personnel & Training Unit will maintain a records of instructor's certificates and personnel trained in Taser use. The San x Bernardino City Fire Department and its investigation units will record/document W the training as well. a s s U B. Certified training instructors will train personnel in the use, care, and maintenance M ofAdvanced Tasers,both M26 and X26. a C. Employees shall not carry or use the Taser without completing department approved training and demonstrating proficiency. 3 i D. Re-certification training for the Tasers is required every two years. This training j shall include shooting at least one Taser cartridge. VI. Maintenance,Inspection and Dataport Tracking 5 PacketPg.458 A. Care, inspection, and maintenance of tasers is primarily the responsibility of officers issued the Tasers. Malfunctioning Tasers shall be promptly brought to the attention of the Taser armorer for repair or replacement. B. On Advance Taser M26 always replace batteries when there is no flashing red light in the battery check system. This may be completed by personnel trained in the use of the M26. C. Replace the DPM on the X26 Tasers when the percentage of life is less than 20%;this should be limited to a department Taser instructor or Taser armorer. D. Appropriately dispose of spent probes in Sharps containers located at medical facilities, fire stations, or in the evidence processing room at the San Bernardino = Police Department. H y a E E. Expended air cartridges minus the probes will be turned in to the designated Taser armorer. T d R F. All air cartridges will be replaced at the end of their expiration date(five years). U1 d LL G. The Taser armorer will arrange for expired air cartridges to be transported to the M range for disposal by the rangemaster. Expired cartridges may be used for — training purposes. Discharged probes will be placed in the sharps container in the 0D evidence processing room. y s L H. The Taser armorer will have primary responsibility for technical maintenance of w the Tasers. All other general maintenance will be the responsibility of the officer. E E z I. The Arson Unit Captain will coordinate issuing,tracking,repairing and re- equipping the Tasers to the assigned investigator(s). a J. Taser history shall be downloaded after each use of force, or as authorized by the FD Arson Unit Captain, Fire Marshal and a representative of the PD Executive Staff. K. Only authorized supervisors from the FD and PD may download Taser data. No unauthorized employee shall attempt to extract, edit or alter Taser data 9 0 6 VII. Holster Usage A. The only holsters approved for carry and use by department personnel are the Special Operations Tech (S.O. Tech) Tactical Ambidextrous Taser holster for the M26, Blade-Tech Tek-Lok for the X26, S.O. Tech. Model #THATBR, Tactical Ambidextrous Taser holster for the X26 and the Safariland, Model #6005 drop down holster for the X-26. B. Holsters will be worn on non-guniweak side only. C. The Blade-Tek Tek-Lok holsters for the Tasers will be issued to each officer assigned a Taser and should be used in such a manner as to allow a cross draw. d x d D. Investigators may carry the Taser in Department approved drop down holsters for off-hand draw, as aforementioned under item VII-A. E. No investigator will carry the Taser in a manner that allows strong hand draw from the handgun weapon side. w v VIII. Supervisor Responsibilities N N M A. When notified of a Tam discharge, the FD Arson Unit Captain, Fire Marshal or other Chief Officer shall: N 1 a 1. Respond to the scene. w 2. Insure medical attention is administered, as appropriate. 3. Insure reporting requirements are accomplished. d E r U A a 7 ' Packet Pg. 460 San Bernardino City Fire [department Operational Procedure Number: Specialized Investigations Bureau - Effective Date: 09/09/2010 Revised: Subject: Use Of Baton (RCB) Approved: L Gross Reference: v a N N - A Policy E The baton may be used as a defensive or control weapon in those instances that threaten the safety of an investigator or other persons, or to subdue and arrest combative persons. Only the baton authorized by the Fire Chief shall be used. w R -- _ Procedure v f`✓ PURPOSE LL N N M A. Non-lethal means of subduing physically combative persons. N B. Circumstances that require more force than can reasonably be applied without weapons, t but fall short of calling for firearms, such as: w d 1. The size of suspect compared to the size of the investigator. Ec U N a 2. The number of suspects. 3. The need for immediate control due to tactical considerations. C. The baton is to be used as a defensive weapon to repel or protect. L 1 - - PacketPg.461 RESTRICTIONS © A. The baton strikes shall be directed to the areas which are easily accessible, effective for quickly subduing the suspect's, and unlikely to cause serious injury. These areas are the legs, arms,chest,midsection, and the side(rib cage). B. Reasonable care should be taken to avoid striking the head, neck, spine, kidneys, and groin area of a suspect. C. The baton shall not be used to apply a choke hold. D. The baton shall not be used against noncombative persons. d x E. The baton shall not be used for the purpose of obtaining compliance to verbal commands where no physical danger exists to the investigator's, suspect's, or citizen's. This is to be o adhered to especially when investigators are confronted with suspect/s known to be under the influence of PCP who quite often have a high pain tolerance that ultimately makes baton strikes ineffective and can later lead to major physical damages to the suspect. d A rn TRAINING N A. Scheduled training of personnel in the correct use of the baton shalt be the responsibiiity of the Police Department's Personnel & Training Unit. The baton shall not be used unless the officer using it has been trained and/or certified by a department instructor. B. In the event that the Administrative Investigation Unit Captain becomes aware of the a need to have an investigator receive remedial training, the Administrative Investigation x Unit Captain will notify the Personnel & Training Unit at the Police Department. w Remedial training will be coordinated through the PD's Personnel and Training Bureau v and the FD's Administrative Investigation Unit Captain. U A Q REPORTING USE OF THE BATON All uses of the baton to control/arrest a suspect shall be thoroughly documented in the report of the incident. All reporting of R.C.B, incidents shall be conducted in accordance with the employee's rights under the Peace Officer Procedural Bill of Rights for peace officers and under the Firefighters Bill of Rights for non-peace officer fire personnel. 2 TREATMENT OF SUSPECT/S WHEN A BATON IS USED A. When use of a baton causes injury that would require medical attention, the arresting/ transporting investigawr/s shall ensure the injured individual receives proper and immediate medical attention. B. The arresting/transporting investigator/s shall obtain medical clearance from the emergency room physician prior to booking the suspects in the county jail or an approved psychiatric facility. rn v x N N M d E 'c 7 T A fn d LL Virg N N M OJ b N s x W c y E z u m Q i Packet Pg.463 Operational Procedure Number. 10.39 Personnel Policies and Procedures Effective Date: 04-01-85 Draft Revised: 09-21-93, 09-15-98, 05-15- 00, 03-15-G2, (draft) Subject: Disciplinary Guidelines Approved: Cross Reference: rn d M Policy N Ul A 6 The Firefighter's Bill of Rights (AB 220) (Gov. Code; 3250-3262)was written into law to E cover all firefighters and the Fire Chief,while they are involved in the performance of his or her official duties. Probationary employees and Arson Investigators are not covered Y by this law. A N Assembly Bill 220(Government Code §§ 3250 et. seq.) is effective January 1,2008 and shall govern administrative appeals of"punitive action or denial of promotion on grounds r other than merit*as those terms are defined in Government Code § 3251(0). M Accordingly, "punitive action" means any action that may lead to dismissal, demotion, — suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. a L Procedure W PERSONNEL FACT FINDING INVESTIGATIONS d Procedure E L U N Investigation/Fact Finding a * Upon discovery or report of an infraction of department or City rules, or other actions that are clearly incompatible with employment as a firefighter,the supervisor of record is responsible for initiating the investigation into the details of the allegations. Temporary or Acting in Capacity supervisors are responsible for initiating the investigation and then forwarding the information to the supervisor of record. Only during unusual circumstances will a Temporary or Acting supervisor conduct the full investigation, i.e., supervisor of record on extended leave. * For reporting and investigating of illegal discrimination or haressment/sexual harassment issues, the policies and procedures defined in the City HARASSMENT/SEXUAL HARASSMENT.POLICY will be utilized. IMPORTANT NOTE: If the investigating official believes that criminal activity has likely occurred, immediately discontinue the investigation and notify the appropriate Division Head or Fire Chief. They will assist coordination of law enforcement, the Human Resource Division, and City Attorney. To determine the employee's work related history/background, research the personnel file, contact previous supervisors, and research any appropriate Fire Department folder. GOVERNMENT CODE SECTION 3250-3262. When an incident warrants a fact finding investigation, the officer in charge of the d investigation shall refer to Government Code Sections 3250-3262. If the Chief of the v Department or designee finds sufficient evidence supporting the decision to impose punitive action the Firefighter Bill of Rights shall be followed. GOVERNMENT CODE SECTION 3300-3313 For any Firefighters who meet the criteria of Arson Investigator or acting in the capacity of a SWAT Medic, procedures outlined in Government Code Section 3300-3313 shall be used to conduct fact finding measures and any implementation of punitive action. U) d � LL APPEAL PROCESS FOR MINOR DISCIPLINE N In the event that a safety employee receives a form of minor discipline from their M Captain (documented written or written reprimand), he/she may request to appeal the action to their respective Battalion Chief. This request must be completed in writing within 5 days of receiving the minor discipline. The Battalion Chief shall schedule an appeal meeting within 10 working days. The employee may bring a representative to the a hearing. x w The Battalion Chief shall capture all findings in a written document and render their final decision based on the evidence presented at the meeting. If the employee is not E satisfied with the Battalion Chiefs final ruling, they may appeal to the Deputy Chief fallowing the same procedure and time parameters. If the minor discipline was initiated by the Battalion Chief, the appeal request shall be submitted to the Deputy Chief. If the a discipline was initiated by the Deputy Chief, the appeal request shall be submitted to the Fire Chief. All written documents will be signed by the employee to acknowledge that they have been placed in the employee's personnel file, with copies to the employee. If an employee refuses to sign the documentation, the refusal shall be noted in writing and submitted in the employees personnel file along with the documentation of the reprimand. Minor discipline documentation shall remain in the employee's file for a minimum of two years. After the two year period, the employee can request in writing to have the minor discipline purged from their file. This request shall be made to the Fire Chief through the chain of command. Operational Procedure Number: 10.X0( Personnel Policies and Procedures Effective Date: Draft Revised: (draft) Subject: Employee Performance Documentation Approved: Cross Reference: c v Purpose = v To provide a mechanism for supervisors to maintain documentation on employee performance that is in accordance with the Firefighter's procedural Bill of Rights Act. E Policy d a) Employees designated as firefighters per Government Code Sec. 3251(a) shall not have H any comment adverse to his or her interest placed in his or her personnel file, or any other 2 file used for personnel purposes,without the firefighter first having read and signed the instrument containing the adverse comment. This includes,but is not limited to, N supervisor's notes that are used to document deficiencies that may be used for annual evaluations,documentation used in counseling sessions,and documentation of training , given to correct specific performance deficiencies. b) If the firefighter refuses to sign the instrument after being presented with it,that fact shall be noted on that document, signed or initialed by the firefighter,and placed in the r appropriate file. w c c) The firefighter shall have 30 days within which to file a written response to any adverse E comment placed in his or her personnel file. The written response shall be attached to, and shall accompany,the adverse comment. Procedure a) Supervisors shall document any adverse comments on a Supervisor's Consultation Form. The content should include the nature of the action or behavior that prompted the need for discussion and documentation, the date that the incidem(s)occurs,the impact of the employee's actions, and a summary of supervisor's expectations of the employee to improve performance in this area. b) The documentation shall be discussed with the firefighter, and the firefighter shall be asked to sign the consultation form acknowledging receipt of it. If the firefighter refuses PacketPg.466' to sign the mem%Aey shall sign the section indicating that they have refused to sign the form. c) Supervisors shall create and maintain a Supervisor's Consultation File for each of their employees of record All signed Supervisor's Consultations Forms shall be placed in the file for the affected firefighter. Only documents that the employee has been shown and asked to sign may be placed in the Supervisor's Consultation File. d) If a firefighter wishes to review his or her consultation file,they shall make the request to their supervisor, Supervisors will accommodate such requests in a timely manner during usual business hours. If an employee is transferred from one supervisor to another,the documents contained in the original supervisor's consultation file will be given to the new supervisor. These documents will then be handled in the same fashion as stated. d x v R a E T d R N U LL N M 4 t X W C U E U U N Q Packet Pg.467 6.A.d San Bernardino City Fire Department Operational Procedure Number: 31.06 Fireground Safety Effective Date: Draft Policy Revised: Subject: Rehabilitation Operations Approved: Cross Reference: v x v Policy R n E It is the policy of the San Bernardino City Fire Department to initiate Rehabilitation Operations, either Formal or hifotmal,while conducting emergency operations or training evolutions under the following conditions: r v 1. The potential exists for extended or high-intensity operations N f 2. when the temperature/weather conditions create the potential for a hazardous operating LL �✓ environment. . N 3. Implementation of a Formal Rehabilitation Operations shall be the responsibility of the Incident Commander(IC). The formal process of rehabilitation may be temporarily deferred dependent on fireground conditions and resource availability. 4. An informal rehabilitation process is the responsibility of the company officer and should be Ln initiated whenever the situation warrants. a z X The purpose of this policy is to provide the IC a procedure on the implementation and a process w of Rehabilitation at an emergency incident or training exercise. The Rehabilitation Group is designed to provide for rest,rehabilitation, and medical evaluation of personnel during extreme E conditions, or when engaged in lengthy operations. Reinserting firefighters into dangerous m environments when they are fatigued, overheated, and dehydrated places them,the public, and their fellow firefighters at increased risk of injury or death The intent of this policy and NFPA 1584 is to provide rehabilitation during operations normally associated with municipal&reground and training operations such as structure fires,rescues,or hazardous materials calls. Other recognized methods of rehabilitation such as 2:1 work/rest cycles may be utilized during incidents that involve multiple operational periods. As a guideline personnel should be assigned to rehab following the use of a second 30-minute SCBA cylinder,a full 45/60-minute SCBA cylinder,or 40 minutes of intense work without a SCBA.The IC,or 1 Packet Pg. 468 their designee,may adjust these time frames depending on work, envirormtental conditions,and available resources. Procedure 1.0 Rehabilitation Operations,when established formally,at a minimum address the following issues: Ll Rest/ltel ydration 1.2 Cooling,warming and shelter from extreme climatic conditions as needed 1.3 Medical monitoring/evaluation and emergency medical care.Medical care/treatment is addressed in section 7.0 of this policy. 1.4 Food/caloric replacement will be considered for high-intensity operations,or extended operations rn 1.5 Accountability and release from the rehabilitation area and back to the IC for A assignment. _ 2.0 At all times suppression personnel should maintain proper hydration and nutrition to H maintain normal body functions. For anticipated events,pre-hydration should include an o additional 500ml(16 oz.)of fluids within two hours prior to the event "Sport drinks" E prior to an event are appropriate and recommended. D 3.0 Implementation/initiation of Rehabilitation Operations. The IC shall be permitted to Z, adjust the time frames depending on work and environmental conditions and available resources. W w LL N N INFORMAL REHABILITATTION OPERATION 3.1 Company/Crew level(Informal)rehabilitation consist of. 3.1.1 Rest A relative turn,may only be"taking a Imee"while awaiting the next s assignment,or ten minutes whip changing out a SCBA cylinder, personnel w should remove belmet/hood and open their turnout coat if conditions permit and c can be accomplished safely. 2 r U 3.1.2 Rehvdration:Limit the volume of fluid before immediately returning to a strenuous activity to a few ounces improves excretion and bladder comfort. 3.2 Personnel Status Monitorin¢(Loop Test): A quick subjective process by the company officer often referred to as"visual vitals" assessing for skin color, mental status, strength/coordination,posture and breathing. Any of these being outside the normal parameters for the individual may indicate exhaustion, heat stress, or cardiovascular comprise. If a crew member fails the Look Test,the crew should initiate rest/rehydration at the company level,move to rehab, or deliver the individual to medical personnel. 2 Packet Pg. 469 3.3 Personnel may self-initiate company/crew level rehabilitation following the use of a single 30-minute SCBA cylinder,or 20 minutes of intense work without a CSCBA or anytime fatigue is recognized. 33.1 3.1.1 Personnel in company/crew level rehab may rest(nom-operational status) for a minimum of ten minutes when able. FORMAL REBABIL ITTON OPERATION 4.0 IC or Operations should initiate Rehabilitation Operations(Formal Rehab)as directed in this SOP by 4.1 Establishing a Rehab Group/Unit 4.2 Designation of a Rehab Supervisor/Unit leader `- 4.3 Assign appropriate resources to the Rehab Group/Unit 4.4 Ensuring EMS transport resources are available/assigaed to the incident 4.5 Establish an EMS Treatment area as necessary. n E 5.0 The Rehabilitation Group/Unit should: T 5.1 Establish a Rehab location that whenever possible: °? A N 5.1.1 Is distant enough from the operation that it will allow personnel to safely remove PPE,be afforded physical/mental rest,public and press are not allowed entry and be free from exhaust fumes. M 5.1,2 Is large enough to accommodate multiple crews,rehab personnel,and EMS m personnel providing medical evaluation and treatment. w 5.1.3 Provides a place to sit with protection from prevailing environmental conditions. 'n X X 5.1.4 In hot environments provide shade and/or air-conditioning. c v 5.1.5 In cold environments shield the wind and/or provide heat. E v A 5.1.6 Includes an area for medical evaluation and treatment and allows access for a medical transport resources. 5.2 Establish a Medical Evaluation/Monitoring program to evaluate personnel entering the rehab area and again following rehab to assess their fitness to return to operations. 5.2.1 Document the time personnel entered rehab;time released,release status,and medical evaluation results. 51.2 Ensure sufficient EMS personnel/equipment to assess and,as necessary,treat ill or injured personnel. © 3 ' Packet Pg.470 5.2.2.1 Medical treatment will be provided in accordance with established regional protocols. 6.0 Rehabilitation Group Operations 6.1 Companies/Personnel entering Rehab should be assigned to the Rehab Group by the IC or Operations. 62 Personnel assigned to the Rehab Group will check-in with the Rehab Unit Leader or their designee. 6.3 Personnel in the Rehab should rest for a minimum of 20 minutes,when possible. 6.4 Personnel in the Rehab will receive a Medical Evaluation prior to being released from Rehab. m 6.4.1 Personnel not adequately rested,or presenting with medical,psychological,or E emotional distress,or appearing unable to safely function shall not be released back to the IC. 6.5 Personnel leaving the Rehabilitation Group will check out with the Rehabilitation Unit Leader or their designee prior to reporting to the IC,Operations, Safety,Fire Attack, or E their designee for reassignment T TO Rehabilitation Medical Operations: m 7.I Perform medical evaluation/monitoring to evaluate personnel entering the rehab group 0 and again following rehab to assess their fitness to return to operations. ` N N 7.2 The time a complete crew or individual enters and exits rehab shall be documented 7.3 Upon entering the Rehab Group,this evaluation will include a brief assessment for the m following conditions: w a 7.3.1 Chest pain,dizziness,respiratory distress,weakness,nausea,or headache x w 7.32 Cramps,heat or cold related symptoms E 73.3 Alertness and orientation,or changes in gait,speech or behavior 7.4 Personnel with the above conditions will be directed to the EMS Treatment area for additional assessment and treatment. Personnel with unresolved medical conditions shall be transported by ambulance to the hospital per county protocols. 7.5 Prior to returning to Operations,personnel in Rehab will be evaluated for the same factors as entering rehab,as well as vital signs,(Blood Pressure and CO monitoring may not be routinely checked as part of the evaluation as the necessary monitors(CO)may not be available and the possibility of false readings(BP), Abnormal vital signs faftowing rehab are generally defined as: 7.5.1 Pulse above 100 bpm and/or SpO,<95%and/or CO levels>10% 4 Packet Pg. 471 7.52 BP above 160 systolic and/or 100 diastolic 7.6 Personnel exhibiting abnormal vital signs may continue in rehab with continued medical monitoring,or transported to the hospital by EMS based on the decision of the Rehab Unit Leader,Safety Officer, or the IC. They should not return to operations. 7.7 Following additional Rehab (10 minutes),personnel exhibiting unresolved medical conditions,continued abnormal vital signs,or a Blood Pressure>180 systolic or>120 diastolic,will be moved to the Medical Treatment area and patient care initiated as appropriate and will be transported to the hospital by ambulance per county protocol. 8.0 Rehabilitation Activities: 8.1 When in rehab,personnel should have the ability to lessen the environmental conditions encountetc:at the incident. 82 Shade or protection from the environment,a place to sit,as well as a means to warm up or cool down shall be provided.Resources available may be: x 8.2.1 EZrUps or shade canopies. ro a 81.2 Misting units. E 823 Wet towels will available to be used for personnel cooling.Three containers(5 gallon buckets or similar)one with a 10%bleach solution,one with ice and water d if available,and the other with clean water.All towels will be soaked in the y bleach solution and then prior to use rinsed in the container with clean water, m then placed in the ice water.After individual use the towels will placed in the bleach solution.It will be the duty of the Rehabilitation Group to monitor the N containers and changed as necessary,as well as keep a supply of fresh towels they others become unusable. W 82.4 Personnel will remove their PPE ensemble(including turnout pants and boots m where practical} n S K 8.3 Water(and sport-type drinks during extended incidents)should be available and provided w from the responding units and/or logistics staff, Personnel will consume fluids during E rehab and continue hydrating after the incident. m 83.1 Companies will insure each shift that their coolers are full and iced down. a 8.4 Electrolyte replacement drinks and nutrition will be considered during longer duration and heavy exertion events. 8.5 Personnel should have waterless hand cleaner and/or packaged wipes available from either the responding units or the logistics staff. 5 Packet Pg. 472