HomeMy WebLinkAbout05.J- Human Resources 5.J
RESOLUTION (ID # 4122) DOC ID: 4122 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Personnel
From: Helen Tran M/CC Meeting Date: 11/16/2015
Prepared by: Helen Tran, (909) 384-5161
Dept: Human Resources Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino
Establishing the San Bernardino Police Management Association Employee
Compensation and Benefits Plan. (#4122)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Total cost for the Agreement is consistent with the City's Fiscal Plan adopted by the
Mayor and Common Council on May 18, 2015 and filed with the Bankruptcy Court on
May 29, 2015.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On July 18, 2012, the Mayor and Common Council directed the filing of a Petition under
Chapter 9 of the United States Bankruptcy Code following the adoption of a Declaration
of a Fiscal Emergency in the City of San Bernardino. Such Petition was filed on August
1, 2012.
On November 26, 2012, the Mayor and Common Council adopted the Pendency Plan,
Resolution 2012-27, which included the Fiscal Year 2012/13 and Fiscal Year 2013/14
General Fund Budgets and incorporated the Pre-Pendency Plan adopted on September
5, 2012.
On February 4, 2013, the Mayor and Common Council adopted Resolution No. 2013-25
adopting terms and conditions of employment for the San Bernardino Police
Management Association, consistent with certain provisions of the City's Pendency
Plan, adopted by the Mayor and Common Council on November 26, 2012 by Resolution
No. 2012-278.
On December 2, 2013, the Mayor and Common Council adopted Resolution No. 2013-
334, approving salary adjustments resulting from the survey provisions of City Charter
Section 186.
On December 1, 2014, the Mayor and Common Council adopted Resolution No. 2014-
407, approving salary adjustments resulting from the survey provisions of City Charter
Section 186.
On May 18, 2015, the Mayor and Common Council adopted Resolution No. 2015-103,
Updated: 11/10/2015 by Jolena E. Grider A I Packet Pg. 241
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4122
approving a Recovery and Fiscal Plan.
Background:
Since the adoption of the Resolution No. 2013-25, the City's negotiating team has met
with representatives from the SBPMA membership regarding the terms and conditions
of employment. The SBPMA membership has approved the terms and conditions of
employment, hereto attached as "Exhibit A".
The Agreement is for a 5-year term which will enable the Police Department to rebuild
and recruit with the goal of providing better public safety services to the citizens of San
Bernardino. The Agreement is consistent with the provisions set forth in the
memorandum of understanding between the City and SBPMA adopted by Mayor and
Common Council on August 3, 2015. This agreement promotes career advancement
and is consistent with the City's Fiscal Plan.
City Attorney Review:
Supporting Documents:
SBPMA reso 11-15 (DOC)
Updated: 11/10/2015 by Jolena E. Grider A Packet Pg. 242
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING THE SAN BERNARDINO POLICE MANAGEMENT
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3 ASSOCIATION EMPLOYEE COMPENSATION AND BENEFITS PLAN.
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WHEREAS, the City and the San Bernardino Police Management Association a
5 ("SBPMA") have met and conferred in good faith pursuant to California Government Code w
6 Section 3500 et seq. and have reached agreement on compensation, benefits and other terms and c
conditions of employment; o
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WHEREAS, the City and the SBPMA desire to memorialize such terms through the o
e adoption of this Resolution;
9 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON w
10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: E
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SECTION 1. The Mayor and Common Council hereby establish a Police Management
12 Employee Compensation and Benefits Plan which defines the wages and benefits of those 0
13 employees whose positions are a part of the Police Management and are represented by the San
Bernardino Police Management Association (SBPMA). Q
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SECTION 2. The Police Management Employee Compensation and Benefits Plan (Plan) v
15 shall be as follows: a
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A. Recognized Employee Classifications:
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1. Assistant Chief of Police
18 2. Police Captain o
19 3. Police Lieutenant a
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20 B. Compensation—Salaries:
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21 For each year that this Agreement is in effect, the monthly salaries of local safety
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22 members of the San Bernardino Police Management Association shall be increased by N
3.5%. In addition, salary surveys shall be conducted annually, in accordance with the L
23 City Charter, Article X, Section 186 and consistent with the interpretation and g
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methodology currently utilized by the City. In the event that the annual salary m
adjustment for each classification surveyed exceeds 3.5%, the higher amount shall co
25 determine the salary for that classification. Salary increases shall be effective August
1 in accordance with the City Charter. The provisions of this section shall continue E
26 during the term of this Agreement regardless of whether City Charter Section 186 is w
27 repealed or otherwise modified. a
28 C. Compensation—PERS/Retirement Plan:
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a) Retirement formulas:
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3 1) Employees hired prior to September 1, 2011 shall receive a 3% @ 50 Y
retirement benefit;
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5 2) Employees hired between September 1, 2011 and December 31, 2012 shall E
receive a 3% @ 55 retirement benefit; w
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3) Employees hired between January 1, 2013 and December 31, 2015 shall receive c
7 a 2.7% @ 57 retirement benefit in accordance with the Public Employees'
8 Pension Reform Act(PEPRA); o
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9 4) Employees hired on or after January 1, 2016 shall receive a 2.5% @ 57
retirement benefit in accordance with PEPRA. E cn
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b) Contributions/Cost Sharing: As of the effective date of this Agreement, legacy or
classic employees as defined under Ca1PERS law shall contribute 9% for the first o
12 two years of the Agreement and for the next three years, legacy or classic o
employees, shall contribute 12% (9% employee share and 3% employer N
13 share).PEPRA employees shall contribute 50% of the normal cost as defined (D
14 under the Act. E
15 c) The "post survivors retirement" benefit in accordance with § 21624 and § 21635
of the Public Employees' Retirement Law (PERL) that is currently provided by E
16 the City in its contract with CalPERS agreement will be referenced in the new
17 MOU.
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18 D. Compensation-Reimbursable Overtime for Working Contractual Events: •o`0
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Lieutenants and Captains who are required to work special events where the City has N
20 contracts with third parties to provide public safety services and where the third v
parties pay for the cost of such labor services, shall be entitled to be paid overtime, u,
21 (either straight time or premium overtime) in accordance with the contract between r
22 the City and the third party. The City and the SBPMA acknowledge that this c
provision shall not result in any additional cost to the City. a
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E. Education and Professional Development: a..
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25 The current SBPMA Manager's Professional Development reimbursement policy
shall be amended to include attendance at job related training, seminars, conferences, E
26 classes, and membership in professional organizations within the City of San
Bernardino determined to be appropriate by the Chief of Police. Any reimbursement a
27 for these activities shall be limited to membership dues, fees for attendance and/or
28 materials only and classes must be taken on the employee's own time and shall not
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1 exceed $750.00/year for each SBPMA member. Employees shall not be entitled to be
reimbursed for travel expenses. Eligibility for reimbursement shall be within the sole
2 discretion of the Chief of Police and shall be dependent on availability of funding.
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F. Pre-Petition Leave Banks:
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The monetary value of all pre-petition leave bank accruals, including without a
5 E vacation, sick leave, concession leave, and holiday leave, will be the W
6 subject of distribution as part of the bankruptcy unsecured creditors' pool. All leave o
balances accrued on or before August 1, 2012 (Pre-Petition Leave) shall be placed in o
7 the unsecured creditors' pool and will not be available for cash-out (or the cash
equivalent by the SBPMA members. This position is consistent with the Recovery c
8 Plan adopted by the City Council on May 18, 2015. Under the City's Recovery Plan,
9 all City employees are subject to these restrictions on pre-petition leaves. C
10 All vacation leave balances, sick leave balances and holiday leave balances that all E
employees in this bargaining group had accrued as of August 1, 2012 ("pre-petition ~
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leave") will be separated from post August 1, 2012 leave accruals ("post-petition
12 leave") in each of these leave categories. o
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13 With the exception of pre-petition concession leave accruals, pre-petition leave
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balances, including vacation leave, sick leave and holiday leave, may be utilized by E
employees in this bargaining group. However, employees are required to utilize all v
15 post-petition leave accruals in each category before they utilize any pre-petition leave
accruals in the same leave category. All pre-petition concession leave balances shall E
16 be placed in the unsecured creditors' pool and will not be available for use by
17 SBPMA members.
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18 Upon separation from employment with the City, employees will receive payment for 2
any post-petition leave balances according to the terms and conditions outlined in 0.
19 their existing Memorandums of Understanding/Side Letter Agreements and the final N
20 paragraph of this section.
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21 Upon separation from employment with the City, employees will not receive payment r-
for any pre-petition leave balances. The monetary value of all pre-petition leave bank o
22 accruals will be placed in the unsecured creditors' pool and be the subject of i
23 distribution as part of the bankruptcy unsecured creditors' pool. Upon final approval a
of the City's Plan of Adjustment by the Bankruptcy Court, any remaining pre-petition a.
24 M balances, although available for use by current employees, will have no cash N
25 value to current employees upon separation from employment with the City.
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26 Upon separation from employment with the City, with the exception of post-petition
vacation accruals, all post-petition leave accruals will be deferred pending the final a
27 approval and effective date of a Plan of Adjustment by the Bankruptcy Court. Any
28 post-petition leave accruals will be compensated in accordance with the terms of any
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1 Resolution adopted by the Mayor and Common Council regarding such payout or by
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2 the terms of any other agreement(s)between the City and the SBPMA.
3 G. Vacation Leave Accruals: r
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4 All employees within the bargaining unit covered by this MOU shall be entitled to 0
annual paid vacations as follows: a
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6 Completed Years of Rate of Accrual Equivalent Hours o
Continuous Service* Per Pay Period Per Year o
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1 year** 3.33 hours 80 hours c
e 5 years 5.0 hours 120 hours U
9 15 years 6.667 hours 160 hours
20 years 8.33 hours 200 hours
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*Service year begins on initial date of employment in a full-time regular status.
11 **No vacation granted or accrued, if service is less than one year.
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Bargaining unit employees may only accrue maximum vacation leave hours as N
13 follows: 1 through 5 years of service: up to 160 hours; 6 through the completion of
14 15 years of service: up to 240 hours; 16 through the completion of 20 years of service: C
up to 320; and, 21 or more years of service: up to 400 hours. Once the cap has been v
15 reached, an employee may not accrue any additional hours until the employee's c
accrued leave is below the cap. E
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17 H. Holidays:
18 All participants shall receive the following paid holidays:
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19 New Year's Day January 1" c•,
20 Martin Luther King Day 3`d Monday in January
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Presidents D V
ay 3 Monday m February
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21 Memorial Day Last Monday in May
Independence Day July 41h
22 Labor Day 1St Monday in September 0
23 Veteran's Day November 11th a
Thanksgiving 41h Thursday in November
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24 Day-After Thanksgiving 41h or 5th Friday in November m
Christmas Eve December 24th u
25 Christmas Day December 25th
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26 New Year's Eve December 31St U
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27 Two (2) Floating Holidays (18 holiday hours) a
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1 Holidays listed above shall be allowed on a Monday, if any such holiday falls on
Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a
2 Saturday, for all employees except those covered by other provisions herein. If the
3 Christmas and New Year holidays occur on Mondays, these holidays and the holiday r
eves will be observed on Mondays and Tuesdays.
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5 Holidays will accrue at nine (9) hours per holiday. Holidays earned in any twelve-
month period are not accumulative beyond the total number of holidays allowed each w
6 year by this pay plan. Employees may not exceed a balance of 126 hours at any time. o
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7 SBPMA members shall be paid for his/her holiday account balance, upon separation
8 from the City. o
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9 I. Sick Leave Accrual Caps:
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10 Sick leave earned on or after February 1, 2013 shall be capped at 1040 hours. At the
11 time of separation from service, any employee having fifteen (15) years of continuous
service with the City of San Bernardino, may cash out up to 50% of the unused post-
12 petition sick leave. At the time of separation from service, any employee having 20 c
years or continuous service with the City of San Bernardino may cash out up to 75% y
13 of unused post-petition sick leave.
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J. Family Sick Leave: U
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16 SBPMA bargaining unit members may use unlimited sick leave for the care of an E
immediate family member. Immediate family member means husband, wife,
17 grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-in-
law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law,
18 domestic partner. 2
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K. Optional Cell Phone Allowance:
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21 Employees who are required to have cell phones for conducting City and Department LO
business may, in lieu of receiving a City issued paid cell phone, elect to maintain a r
22 personal cell phone for that purpose. Employees who select this option are entitled to 0
be reimbursed$65.00 per month.
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24 L. Technolou Reimbursement: m
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25 Employees are eligible for a$1,000.00 reimbursement for technology purchases every
two years commencing July 1, 2015. Technology purchases include but are not E
26 limited to desktop computers, laptops, tablets, and cellular phones. Employees are
2 required to submit a receipt verifying the purchase(s). The purchase shall not be a
limited to a single item but can be multiple items with a cumulative reimbursement
28 not to exceed $1,000.00 every two years.
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2 M. Fringe Benefits, Health/Life Insurance—Active Employees:
3 In Plan Year (Calendar Year) 2016, the City's contribution toward medical, dental,
vision care premiums will be paid at $949.87 (Employee Only), $991.84 (Employee
4 + 1), and$1174.72 (Employee+family), using the Kaiser premiums then in effect.
5 Thereafter, the City and the SBPMA will share 50-50 of the dollar increase to the
6 Kaiser premiums for the next two years of the Agreement. During years four and five
of the Agreement, the 50-50 cost sharing of the increased Kaiser premiums would be
7 continued, however, the City's contribution during the last 2 years of the Agreement
would be capped at 3% per year. At the end of the Agreement, the 3% cap would
8 sunset, unless otherwise modified by the City and the SBPMA. The amount of the
9 City's contribution is based on the selection of the"medical" enrollment category. If
an employee elects "employee only" medical coverage, then the "employee
10 only" allowance is given to the employee. Any contribution not utilized by the
11 employee shall revert to the City.
12 An employee who does not want to enroll in any health care plan offered by
the City must provide evidence of group health care insurance coverage, and
13 execute a"Waiver of Benefits and Release Agreement" releasing the City from any
responsibility or liability to provide health care insurance coverage on an annual
14 basis. For calendar year 2016, employees who waive the City's health care
15 insurance shall receive a stipend of $2,500 on December 15th, 2016. The amount
of the stipend shall be determined by the City on an annual basis. Such payment is
16 not considered compensation for purposes of Ca1PERS and is subject to state
and federal taxes. Employees participating in this option are required to waive all
17 medical, dental, and vision insurance coverage from the City. The SBPMA agrees to
18 participate in the City's Joint Labor-Management Health Benefits Committee
("Committee") to evaluate, on an annual basis, City -wide plan designs for health
19 care. All plan designs and City contributions shall be effective January I"annually.
20 The amount of the City's contribution is based on the selection of the" "medical"
21 enrollment category. For example, if an employee elects "employee only" medical
coverage, then the "employee only" allowance is given to the employee. As another
22 example, if an employee elects "employee plus family" medical coverage, then the
23 "employee plus family" contribution is provided to the employee. Any contribution
not utilized by the employee shall revert to the City.
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Employees must purchase insurance offered through the City in order to utilize the
25 contributions described above. Insurance benefits available for purchase by
26 employees include: medical, dental, vision, and supplemental life and accidental
death and dismemberment insurance. However, City contributions cannot be used for
27 any voluntary benefits offered to members through Colonial Life.
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REPLACEMENT PAGE FOR 5.1a 11116/15 MCC 6
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1 Employees must be in a paid status for fifteen (15) consecutive days in any given
month to receive the benefits of this Article, unless the employee is on a qualifying
2 approved leave, such as Family Medical Leave, and is eligible for benefit continuation
3 under applicable State or Federal law.
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4 N. Housing Incentives: >'
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5 During the term of this Agreement, the City shall provide HUD housing incentives W
6 to members wishing to purchase homes within the City of San Bernardino 0
("Community Revitalization Program"). Such incentives shall represent a 50% c
7 discount from the list price of the home. All participants in this program must commit
to live in the property for three (3) years. The City shall provide to the SBPMA a o
8 summary of the terms of this Community Revitalization Program. v
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O. Additional Items: N
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1. Uniform Allowance. SBPMA members shall receive an annual uniform ~
11 allowance of$950 to be paid in a lump sum on or before March each year of v
12 the term of this agreement. o
13 2. POST Incentive Pay; Special Certification Pay. SBPMA members may a
14 receive additional compensation for obtaining a POST certificate as set forth E
below. Such additional payment for certificates is not cumulative and the coy
15 SBPMA member is only entitled to additional compensation only for the d
highest level certificate earned. E
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17 a. All SBPMA members who obtain a POST Intermediate Certificate shall
receive two hundred dollars($200) additional compensation per month.
18 b. All SBPMA members who obtain a POST Advanced Certificate shall 2
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receive two hundred fifty dollars ($250) additional compensation per a.
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month. N
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20 C. All SBPMA members who obtain a POST Supervisory Certificate shall
receive two hundred seventy-five dollars ($275) additional compensation LO
21 per month. r
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22 d. All SBPMA members who obtain a POST Management Certificate shall o
receive four hundred fifty dollars ($450) additional compensation per L
23 month. Q
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24 3. Administrative Leave. In lieu of monetary compensation, all forty (40) N
25 hour/week SBPMA employees shall be assigned eighty (80) hours of
Administrative Leave per year each July 1St. Administrative Leave shall not be .Ec
26 carried beyond the end of any fiscal year and shall not be paid for at any time.
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4. Deferred Compensation. The City shall provide for a deferred compensation
28 plan for all SBPMA members.
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5. Long-Term Disability Insurance. The City shall provide long term disability
2 insurance for all SBPMA members. Subject to the usual provisions and
3 exclusions of such insurance plans, the coverage shall be for sixty percent
(60%) of salary after a sixty (60) calendar day elimination period, for a E
4 maximum period of two years. An SBPMA employee shall not be required to c
exhaust his or her sick leave to receive benefits. n.
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6 6. Life and Accidental Death & Dismemberment (AD&D) Insurance. The City 0
shall provide Term Life of fifty thousand dollars ($50,000) and Accidental o
7 Death and Dismemberment Insurance of fifty thousand dollars ($50,000).
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e P. Per Diem Policy:
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The City shall pay employees per diem rates for authorized travel and lodging related
10 to attendance at schools, training, and other approved work related duties. Per Diem
11 rates will be determined by location and destination of the school or business attended -a
and in accordance with the guidelines the U.S. General Services Administration. a
12 Requirements for receiving per diem expenses will be provided in the City of San o
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Bernardino's Department/Director Letter,No. 32. N
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14 Q• General Provisions: E
1. The Term of this Agreement shall be five (5) years, commencing on July 1, c0�
15 2015. The dates of this Agreement shall be:
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16 2015 - 2016;
17 • 2016 - 2017;
• 2017 - 2018;
18 • 2018 -2019; and o
19 • 2019 - 2020. a
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20 2. In January 2020, either Party may submit to the other, a written request to
21 bargain for a successor agreement, including a list of proposals on economic LO
or non- economic issues.
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3. The compensation, benefits, and other terms and conditions of employment
23 shall supersede and replace any and all prior Resolutions, Side Letters, or any g
other Agreements. m
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R. Bankruptcy Provisions and Release of Claims: E
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27 1. The above terms and conditions will become effective upon execution by the a
parties, provided, however, that the terms will become null and void and of no
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1 further effect if the City's Plan of Adjustment is not approved by the Bankruptcy
- Court.
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3 2. The City will append this Resolution to its Plan of Adjustment ("Plan"), and the
Plan and confirmation order shall provide for Court approval of the terms set forth
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4 herein. o
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Under the Plan all claims of the SBPMA and its members with respect to wages, w
6 pensions (including implementation of cost sharing and elimination of the EPMC o
benefit), other benefits and other terms and conditions of employment that arose o
7 prior to the date of the confirmation of the Plan, including, without limitations, all
8 claims arising from the City's changes to the terms and conditions of employment o
and/or rejection of any prior agreements (collectively the "Police Management
9 Claims") shall be treated as general unsecured claims under the Plan, and the City
and its officers shall be discharged from such Police Management Claims upon E
10 confirmation of the Plan; provided, however, that any claims arising under this F
11 Resolution after it is approved by the City and the SBPMA (eg. Grievances) shall
not be discharged as long as a the SBPMA complies with the terms of this ro
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12 Resolution, and 2) the Court confirms the Plan. o
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13 4. The SBPMA shall support confirmation of the Plan that incorporates this Q.
14 Resolution. E
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15 5. The City and the SBPMA shall stipulate and agree on the amount of the Police
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Management Claims. The SBPMA shall vote the full amount of the Police E
16 Management Claims in favor of the Plan and shall file a brief in support of
17 confirmation of the Plan.
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I 18 6. The Resolution is not a solicitation by the City, and the SBPMA's commitment to 2
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vote the Police Management Claims in favor of the Plan is not effective until the a.
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Court approves a Disclosure Statement that incorporates this Resolution. N
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i RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING THE SAN BERNARDINO POLICE MANAGEMENT
2 ASSOCIATION EMPLOYEE COMPENSATION AND BENEFITS PLAN.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held on the C.
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6 day of , 2015,by the following vote, to wit: 0
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7 Council Members: AYES NAYS ABSTAIN ABSENT
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8 MARQUEZ v
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BARRIOS E
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11 VALDIVIA =
12 SHORETT
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13 NICKEL a
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JOHNSON
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MULVIHILL E
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Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of 52015. 0-
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21 R. Carey Davis, Mayor
22 City of San Bernardino 0
Approved as to form: L
23 Gary D. Saenz, City Attorney Q
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By:
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