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Home My WebLink About10- Personnel CITY OF SAN BER' %RDINO - REQUEST OR COUNCIL ACTION BARBARA DILLON RESOLUTION IMPLEMENTING MEMO- RANDUM OF UNDERSTANDING Dept: PERSONNEL BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE Date: JANUARY 20, 1995 POLICE SAFETY EMPLOYEES' Synopsis of Previous Council action: BARGAINING UNIT REPRESENTED BY SAN BERNARDINO POLICE OFFICERS' ASSOCIATION (SBPOA) February 3, 1992: The Mayor and Common Council imposed a contract on the Police Safety Employees' bargaining unit. April 4, 1994: Mayor and Common Council (Closed Session). November 21, 1994: Mayor and Common Council (Closed session). December 19, 1994: Mayor and Common Council (Closed Session). Recommended motion: Adopt Resolution. ac.�l��LL A 1/m Signature Barbara Dillon 384-5161 Contact person: Phone: Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct No.) (Acct Description) Finance: Council Notes: A---A- la..... 111- . • 1 CITY OF SAN SERI 1RDINO - REQUEST ` ')R COUNCIL ACTION STAFF REPORT The contract with the Police Safety Employees expired on November 30, 1992. The City Team and the San Bernardino Police Officers' Association (SBPOA) held ten (10) negotiations sessions, before SBPOA declared impasse at the tenth negotiations session on August 9, 1994. Both parties agreed to mediation by the State Mediation and Conciliation Service. Two (2) mediation sessions were held, on September 19, 1994, and October 3, 1994. The mediator, upon request of SBPOA, presented SBPOA's proposals in closed session at the November 21, 1994 Council meeting. Attached is the Police Safety Employees' Memorandum of Understanding (MOU). The term of the MOU is from January 1, 1995-to December 31, 1998. The Mayor and;Common Council approved an economic benefit package on December 19, 1994. Based on the SBPOA's requests, and based on a meeting with two (2) SBPOA representatives on January 19, 1995, the Council is being asked to consider additional changes at its meeting of January 23, 1995. Changes are underlined below. The MOU also contains several language changes on non-economic items. Health Benefits Increase City contribution to employee's health insurance, to add $50/month over and above the Kaiser South and Mission Dental (Denticare) rates following open enrollment in 1995; and, add $100/month over and above these rates ($50/month more than in 1995) following open enrollment in 122-6,, Retirement Benefits Increase contribution to the employees' share of the Public (two items) Employees' Retirement System (PERS) plan, from 8% to 9%, as of January 1. 1995. Contract with PERS to provide the Post-Survivors' Retirement benefit, as of January 1, 1988, based on approval from PERS and the Mayor and Common Council. Vacation Parity Implement vacation parity with non-safety bargaining units, resulting in employees receiving additional vacation hours after fewer years of service, e.g., 120 hours after five (5) years of service vs. 120 hours after seven (7) years of service, as of Januaa 1. 1995, As part of the contract, Police Safety Employees gave up 16 hours of holiday time each calendar year, starting in 1995. Attachment: Resolution Implementing Memorandum of Understanding Between the City of San Bernardino and Employees in the Police Safety Employees' Bargaining Unit Represented by San Bernardino Police Officers' Association (SBPOA) 75.0?A4 t i January 23 , 1995 to January 23 , 1999 POLICE SAFETY EMPLOYEES ' MEMORANDUM OF UNDERSTANDING CITY OF SAN BERNARDINO OFFICE OF THE DIRECTOR OF PERSONNEL �j� TABLE OF CONTENTS Article/Section ifl Resolution No. Implementing a Memorandum of Understanding 1 ARTICLE I ADMINISTRATION Section 1 Definition of Terms 3 Section 2 Management Rights 4 Section 3 Mutual Aid 5 Section 4 Agency Personnel Rules 5 Section 5 Employees' Rights 5 ARTICLE II EMPLOYER-EMPLOYEE RELATIONS Section 1 Recognition 6 Section 2 No Strike 6 Section 3 Payroll Deductions 6 Section 4 Grievance Procedure 7 Section 5 Employee Representatives 9 Section 6 Investigation Rights 10 Section 7 Non-Discrimination 12 Section 8 Personnel Files 12 Section 9 Political Activity 13 Section 10 Polygraph Activity 13 Section 11 Financial Disclosure 13 Section 12 Locker Search 13 Section 13 Use of City Resources 14 Section 14 Employer-Employee Relations Committee 14 ARTICLE III COMPENSATION Section 1 Salaries 15 Section 2 PERS 15 Section 3 Overtime 16 Section 4 Assignment to Higher Position 17 Section 5 On Call/Call-Back/Standby 17 Section 6 Educational Incentive 18 Section 7 Court Fines 18 Section 8 Bilingual Pay 19 ARTICLE IV FRINGE BENEFITS Section 1 Health/Life Insurance 19 Section 2 Wellness Programs 20 Section 3 Rain Gear[Utility Uniforms 20 Section 4 Books and Tuition Allowance 21 Article/Section Title Page Section 5 Deferred Compensation 21 Section 6 Safety Equipment 21 Section 7 Replacing/Repairing Personal Property 22 Section 8 Service Pins 22 ARTICLE V LEAVES Section 1 Vacations 23 Section 2 Holidays 24 Section 3 Sick Leave 25 Section 4 Payment for Unused Sick Leave 26 Section 5 Injury Leave 27 Section 6 Leave of Absence Without Pay 28 Section 7 Military Leave 29 ARTICLE VI WORKING CONDITIONS Section 1 Work Schedules 30 Section 2 Shift Change 30 Section 3 Probationary Period 31 Section 4 Seniority 31 Section 5 Re-Employment 31 Section 6 Physical Examinations 32 ARTICLE VII GENERAL PROVISIONS Section 1 Waiver Clause 32 Section 2 Severability 32 Section 3 Printing of Memorandum of Understanding 32 Section 4 Term of Memorandum of Understanding 32 Section 5 Notice of Intent to Reopen 33 Section 6 Prevailing Benefits 33 Exhibit 1 Letter of 1/28/92 Re: Tuition Reimbursement Exhibit 2 Memorandum of 12/17/91 Re: Indemnification of Police Officers for Punitive Damages Sought in Lawsuits Index Police Safety MOU ARTICLE I ADMINISTRATION Section 1 Definition of Terms Administration: Any elected or appointed official of the City and any employee of the City whose job classification is Management or Confidential employee. Appointing The Chief of the San Bernardino Police Department. In the A t� h ri X;, Chiefs absence, the Assistant Chief will be the appointing authority. Appropriate Those positions recognized as belonging to the unit covered by ni • the terms of this MOU. Association: The San Bernardino Police Officers' Association (SBPOA). Chief: The Chief of Police of the City of San Bernardino. iW The City of San Bernardino. Continuous Service: Five-sixths (5/6) of the available compensable days within the 12- month period immediately preceding the date of the employee's return to service: 217 days for employees working 8-hour shifts and 173 days for employees working 10-hour shifts. Department: The San Bernardino Police Department. Division: Any one of the major Divisions of the Department. Employee: All Safety Personnel within the classifications in this appropriate unit. Employee The San Bernardino Police Officers' Association (SBPOA). Organization: Employer: Shall include the City of San Bernardino, and the City of San Bernardino Police Department. Gender: The masculine gender also includes the feminine. Police Safety MOU Mandatory and "Shall" is mandatory, "may" is permissive. Permissive: Memorandum of Shall mean the contractual obligation between the City and the Understanding employees of the Unit. (MOU): Singular and The singular also includes the plural. F Tense: The present tense shall also include the past and future. Working Day: Eight (8) hours, unless otherwise stated. Section 2 Management Rights This Resolution shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers, and authority which the City had prior to entering into this MOU, except to the extent that the provisions of the MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all rights, powers and authority under City Charter, Ordinances, Resolutions, State and Federal law, and expressly and exclusively to: determine the mission of its constituent departments, commissions, and boards; set standards of selection for employment and promotion; direct its employees; establish and enforce dress and grooming standards; maintain the efficiency of governmental operations; determine the methods, means, numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City issued wearing apparel, equipment or technology to be used, provided that no such measures which threaten the safety of employees shall be adopted; determine and change the facilities, methods, technology, means, organizational structure, size and composition of the work force and allocate and assign work by which the city operations are to be conducted provided, however, that no such measures which threaten the safety of employees shall be adopted; determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; assign work to and schedule employees in accordance with requirements as determined by the City, and establish and change work schedules and assignments as set forth in the MOU; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline employees in accordance with the applicable law; establish employee performance standards including, but not limited to, quality and quantity standards; carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 4 Police Safety MOU Section 3 Mutual Aid Nothing herein shall in any way be construed to limit the use of any public safety agency or any member in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this article be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is indeed necessary or desirable by the jurisdictions or the agencies involved. Section 4 Agency Personnel Rules It is understood and agreed that there exists within the City the "Civil Service Rules and Regulations for the Classified Service'; Resolution No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and Resolution No. 10585, Adopting Rules and Regulations Relating to Employer Employee Relations, as amended. These documents will continue in effect, except for those provisions modified by the Common Council in accordance with State Laws, orders, regulations, official instructions or policies. In the case of proposed changes, by other than agreement, the City shall consult with the Association, or meet and confer when required by statute. In cases of emergency, the Association and City will meet as soon as possible after the changes. Section 5 Employees' Rights Employees shall have all the rights which may be exercised in accordance with State Law, the Charter, and applicable ordinances, resolutions, rules and regulations. A. The right to form,join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. B. The right to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City. C. The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal by other employees, employee organizations, management or supervisors, as a result of their exercise of rights indicated in (A) and (B) above. 5 Police Safety MOU ARTICLE II EMPLOYER-EMPLOYEE RELATIONS Section 1 Recognition Formal recognition of the Association is acknowledged for purposes of meeting and conferring on wages, hours, working conditions, and other terms and conditions of employment and of general representation of its members. The Association has been recognized formally as the majority representative of the appropriate unit composed of Police Officers and other sworn, non-management positions in the San Bernardino Police Department, including but not limited to, the following classifications: Police Officer; Juvenile Officer; Corporal; Detective; Senior Identification Inspector; and, Sergeant. Section 2 No Strike It is the purpose of the MOU for the parties hereto, to confirm and maintain the spirit of cooperation which has heretofore existed between the City of San Bernardino and the employee organization. It is recognized that any work disruptions are unproductive to City operations and services provided its citizens. The Association and City hereby agree that they shall at no time nor in any way jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Association and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Association shall not, on behalf of itself and its members, individually or collectively, engage in any curtailment or restriction of work, including, but not limited to "blue flu" or strikes, at any time during the term of this MOU. Section 3 Payroll Deductions It is agreed that the Association membership dues, insurance and premiums for plans sponsored by the Association shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to the Association within 30 days after the conclusion of the month in which said membership dues and insurance premiums were deducted. 6 Police Safety MOU The City shall not be liable to the Association, employees, or any other persons by reason of the requirements of this section for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Association shall hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the City under this section. Section 4 Grievance Procedure A. PPuWse: The City of San Bernardino and the Association realize the importance of a viable Grievance Procedure to aid in the resolution of disputes among employees, supervisors and management. It is recognized that, to maintain high employee morale and harmonious relations, an orderly method of processing grievances is necessary. This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints. The representative of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process. The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on his/her standing with his/her supervisors or his/her loyalty as a City employee, not be a reflection on the employee's supervisor or the department involved, unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process. B. Definition: A grievance is an alleged violation of the terms of this MOU or of the laws, ordinances, resolutions or regulations concerning or affecting wages, hours or other conditions of employment. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure, or through appeals to the Civil Service Board. Additionally, allegations of discrimination and harassment shall be submitted to the Affirmative Action Officer. C. Representation: The aggrieved employee shall have the right to be represented. This representation may commence at any step in the Grievance Procedure. Legal Counsel and/or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he/she so desires. If the employee's Legal Counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the MOU. Police Safety MOU D. Consolidation of Grievances: In order to avoid the necessity of processing numerous similar grievances at one time, a single grievance may be filed. E. Time Limitations: Time limitations are established to settle a grievance quickly. Time limits may be modified by agreement of the parties. If at any stage of the grievance procedure the grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal grievance may be entertained in or advanced to any step if the parties jointly so agree. F. Svgs in the Grievance Procedure: The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee's grievance. An attempt to settle the grievance in the informal structure at the employee-supervisor level is required. The grievance must be submitted to the Informal Step within ten (10) working days of the incident causing the grievance, or of the grievant's knowledge of the incident's occurrence. *Note: If the employee chooses to appeal disciplinary action to the Civil Service Board, he/she shall be precluded from filing a grievance. The date and the subject of the incident should be provided with the request for the informal meeting. 1. Informal: Initially, the grieving employee shall, on a personal face-to-face basis, discuss his/her complaint with his/her immediate supervisor informally. Within ten (10) working days, the supervisor shall give his/her decision to the employee orally. 2. Formal: Step 1. Written Grievance to Supervisor: If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to his/her immediate supervisor. This must be accomplished within ten (10) working days of being informed of the supervisor's informal decision. Within ten (10)working days of receiving the written notification of the employee's grievance, the supervisor may meet with the employee and thoroughly discuss the grievance. The employee may appear personally and may be represented by a representative of his/her choice. In any event, the supervisor shall give a written decision to the employee within ten (10) working days after receipt of the written grievance. Step 2 Meet with Division Head: If the grievance has not been satisfactorily resolved at this level, it may be appealed within ten (10) working days to the Division Head who may follow the steps outlined in Step 1 above. In any event, the Division Head shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be 8 Police Safety MOU appealed within ten (10) working days to the Chief. Step 3. Meet with Chief: If the grievance has not been satisfactorily resolved at this level, it may be appealed within ten (10) working days to the Chief, who may follow the steps outlined in Step 2 above. In any event, the Chief shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within ten(10)working days to the Director of Personnel. Step 4. Review by the Director of Personnel: If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Personnel within ten (10) working days from the date of delivery of said answer. The Director of Personnel, or his/her designee, shall meet with the employee, and, if the employee desires, the designated Union representative within ten (10) working days after receipt of the appeal. The designated City representative shall deliver his/her answer, in writing, to the employee within the ten (10) working days after the meeting. Step 5. Final Step: a. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Administrator or his/her designated representative within ten (10) working days from the date of delivery of said answer. State in writing the complaint and the desired result. b. The City Administrator or his/her designated representative shall deliver his/her answer, in writing, within the ten (10) working days after receipt of the appeal. C. The decision of the City Administrator or his/her designated representative is final and binding on all parties, unless reversed by a court decision. d. All grievances shall be treated as confidential and no publicity will be given the final resolution of the grievances. Section 5 Employee Representatives When requested by an employee, a Job Representative (Job Rep) may investigate any alleged grievance in the department, and assist in its presentation. The representative shall be allowed reasonable time therefore during working hours without loss of time or pay, upon notification and approval of his/her immediate supervisor with the concurrence of the division or department head. The privilege of a Job Rep to leave their work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation 9 Police Safety MOU of overtime. Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Rep will not be granted time off,or compensation, for the purpose of handling grievances outside this unit. The Association shall notify the City of the names of each Job Rep, each January. A ratio of one (1) Job Rep for every 50 permanent employees in the Unit, but not less than five (5), shall be recognized by the City. Job Reps shall include: one (1) from Detective Bureau; three (3) from Patrol; one (1) from MET/Traffic; and, one (1) from Narcotics. Section 6 Investigation•on Rights When any employee is under investigation and subjected to interrogation by his/her commanding officer, or any other member of the department, which could lead to punitive action, such interrogation shall be conducted under the following conditions. 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Y. :::::. :::::._:::::.:::::::..::::::::...:.:.:::::::::.:::::::.:_::::.Y:::::::::: s. . ::::::::::::::::..::._ �`."°:�.. A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty or during the normal waking hours for the employee unless the seriousness of the investigation requires otherwise. If such interrogation does occur during off-duty time of the employee being interrogated, the employee shall be compensated for such off-duty time in accordance with regular department procedures, and the employee shall not be released from employment for any work missed. B. The employee under investigation shall be informed prior to such interrogation of the name, rank and command of the officer in charge of the interrogation, the interrogating officers and all other persons to be present during the interrogation. All questions directed to 10 Police Safety MOU the employee under interrogation shall be asked by and through no more than two interrogators at one time. C. The employee under investigation shall be informed of the nature of the investigation prior to the interrogation. D. The interrogating session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his own personal physical necessities. E. T'he employee under interrogation shall not be subjected to offensive language or threatened with punitive action, except that an officer refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any questions. The employer shall not cause the employee under interrogation to be subjected to visits by the press or media without his express consent nor shall his home address or photograph be given to the press or news media without his express consent. F. The complete interrogation of an employee may be recorded. If a tape recording is made of the interrogation, the employee shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The employee shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators to other persons, except those which are deemed by the investigating agency to be confidential. No notices or reports which are deemed to be confidential may be entered in the officer's personnel file. The employee being interrogated shall have the right to bring his own recording device and record any and all aspects of the interrogation. G. If prior to or during the interrogation of an employee it is deemed that he may be charged with a criminal offense, he shall be immediately informed of his constitutional rights. H. Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters which are likely to result in punitive action against any employee, that employee, at his request, shall have the right to be represented by a representative of his choice who may be present at all times during such interrogation. The representative shall not be a person subject to the same investigation. This section shall not apply to any interrogation of an employee in the normal course of duty, counseling, instruction or informal verbal admonishment by or other routine or unplanned contact with-a supervisor or any other public safety officer, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities. 11 Police Safety MOU I. No employee shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. Lawful Exercise of Rights: Insubordination• Administrative Appeal: 1. No employee shall be subjected to punitive action, or denied promotion or be threatened with any such treatment, because of the lawful exercise of the rights granted herein or the exercise of any rights under any existing administrative grievance procedure. Nothing in this section shall preclude a head of an agency from ordering an employee to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him with insubordination. 2. No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the employee with an opportunity for administrative appeal. Section 7 Non-Discrimination The provisions of this agreement shall be applied equally by the City and the Police Association, to all employees covered hereby without favor or discrimination because of race, sex, age, national origin, political or religious opinions or affiliations or Association membership. Further, there shall be no discrimination against qualified individuals with disabilities, as defined in the Americans with Disabilities Act (ADA) of 1990, when those individuals do not pose a risk to the health or safety of themselves or others. Section 8 Personnel Files No member shall have any comment adverse to his/her interest entered in his/her personnel file, as described in PC 832.8, or any other file used for any personnel purposes by the employer, without the member having first read and signed the instrument containing the adverse comment indicating he/she is aware of such comment, except that such entry may be made if, after reading such instrument, the member refuses to sign it. Should a member refuse to sign, that fact shall be noted on the document, and signed or initialed by such officer. A member shall have 30 days within which to file a written response to any adverse comment entered in his/her personnel file. Such written response shall be attached to, and accompany, the adverse comment. 12 Police Safety MOU Section 9 Political Activities Except as otherwise provided by law, or whenever on duty or in uniform, no employee shall be prohibited from engaging, or be coerced or required to engage in, political activity. Section 10 Polygraph Examination No member shall be compelled to submit to a polygraph examination against his/her will. No disciplinary action or other recrimination shall be taken against a member refusing to submit to a polygraph examination, nor shall any comment be entered anywhere in the investigator's notes or anywhere else that the member refused to take a polygraph examination, nor shall any testimony or evidence be admissible at a subsequent hearing, trial or proceeding, judicial or administrative, to the effect that the member refused to take a polygraph examination. Section 11 Financial Disclosure No member shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his/her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his/her family or household) unless such information is obtained or required under a state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his/her official duties, or is necessary for the employing agency to ascertain the desirability of assigning the member to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. Section 12 Locker Search No member shall have his/her locker, or other space for storage that may be assigned to him/her, searched except in the member's presence, or with his/her consent, or unless a valid search warrant has been obtained or where the member has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the City. 13 Police Safety MOU Section 13 Use of City Resources The Association may be granted permission to use department facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by the Association from the Chief or a designated representative. The Association shall be held fully responsible for any damages to and the security of any facility that is used by the Association. The department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards may be used for the following notices: A. Scheduled Association meetings, agenda and minutes; B. Information on Association elections and results; C. Information regarding Association special, recreational and related bulletins; D. Reports of official business of the Association including reports of committees or the Board of Directors; E. MOU, pay scales, job announcements, promotion lists, etc.; F. Such other items as may be approved by the department management upon request of the Association. Posted notices shall not be obscene or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Association and should have the prior written approval of the Chief or an authorized representative. Denial of approval shall not be arbitrary or capricious or discriminatory. Section 14 Employer-Employee Relations Committee Consistent with Section 5, the Association will designate five(5)representatives who will meet with representatives of Police Administration on a mutually agreeable basis to discuss matters pertinent to the welfare of the City and the employees. The Association may have additional representatives present when appropriate for the discussion of scheduled matters. Normally, such meetings shall be during regular worldng hours. 14 Police Safety MOU ARTICLE III COMPENSATION Section 1 Salaries A. During the term of this MOU the monthly salaries of local safety members of the San Bernardino Police Department shall be fixed annually effective August 1st, in accordance with the City Charter, Article X, Section 186, as follows: At the amount equal to the arithmetic average of the monthly salaries, paid or approved for payment to local safety members of like or most nearly comparable positions of ten (10) California cities with populations of between 100,000 and 250,000 as shown in the latest Annual Report of Financial Transactions of California Cities published by the State Controller. B. The ten (10)cities used for fixing the monthly salaries shall be those ten(10)cities remaining from an original and complete list of all California cities in the 100,000 to 250,000 population range based on the latest Annual Report of Financial Transactions of California Cities, published by the State Controller, after representatives of the City and the appropriate recognized employee organization have alternately struck the names of cities from the list one at a time until the names of ten (10) cities remain. The representatives to strike the first name from the list shall be determined by lot. C. In the event one or more of the ten (10) cities does not have one or more of the comparable position classifications, the monthly salary for the particular classification shall be computed as the arithmetic average of the next highest and next lowest comparable position classification of that City. D. The salaries paid in Step "A" shall be the same as the arithmetic average of the starting salaries of the comparable positions in the ten cities and the salaries paid in comparable positions in the ten cities. The salaries paid in steps "B," "C" and "D" shall be fixed at amounts which will cause the local safety members in the San Bernardino Police Department to advance from the starting steps to the maximum pay steps in approximately equal salary advances. E. New employees shall be hired at the "A" step of the established base salary range. Variable entrance steps may be established if justified by prior service or lateral transfer. Section 2 PERS-Retirement Plan :......................................::::..:::::.:.:rr r:.::::...........:::::...::.rv::::::.:::::�.n.:r::.. .:.,r::..:.:w�.•.. ,. .;::.�::::::::. .:::•:::. ...... . -........�...::'�:: -:.:••.:%:::-::::-::•�>::i.:..::-.::•::.�::-: :-::•.:.:....Y•s;•::;r .F•;e�c;...:•w:,'.r{....r.•r'::..;,.;... ..rf.: t :ut<:> ::> :::::: ::> r€ ai »::. ".# ::ems ..... ................... ............... .............. ....asv:........v............:.._..r.r.............v nom. ' •::::::.....•-:::.:v.......................................nii}i}ii::'::•:w::::::•::::v:.................................................:.........:.�:.:tiv:::Lr:•: �Gr.:::::i::::::::::hiii:iii{:....r r.r:.:•..f r {::;::-Y:µ::.'.•.:i::i:.;:::Fr:6;Fi. ... .n......., ..... .. �� }�QY�}� +gypp �L7 �/�J �./�'� 4 1�1�.•: -.�P.S::•R i$.......... i%rlbh S.WOb�iC ...... �..:..�............:v:::.....:w::::::::r::Y-ii4;.•:•• -'::1i:.'::::._:::•-:::v::' :S{Lvi4Yi.ri_v.v.. .........:.:.......:.... ....x::::::::.....x:::.:....., r....n..iiti{:::v.W.:.vr]L1ow..v...w.n:.v..xf......rr......n.v...:.i..:n.....v..r/ ................................. :rf.•.0:: .......r....:.:.... .r..�:.:..r:::s:,:rr.,..x.:,;..:;..:r:rr:r�.�>....::;..• .,�Y.� 15 Police Safety MOU I B. The City u canttnue to contract,with Pt to provide the "highest 12 month" retirement formula. ;;;;::;:;;The qty will increase> is aym nt of e....... rs!contr butx hz P �e employees�cvunl~�� fi�nge benefit, frvm effectie.the:ltrst..IlotnQttt $ nrn��zlthe lrt ;.,. ..... .. ..,.,•...,..........,r.. >.. ,'a ....:....., .:..,,.,o. .,....v.v,,,, ..,....a v.....r,-.,-::.s;:;. .,.v, ,,....a,.,.vn,,:.iliG',,ar;>•inecera. ..i':.4:{t:i\;^;�..•'.;{+. ffN f... .:. v•Y.Y.%J,.!\..•.}.t++;.:•\:i4x: / \\hti l. .►ir�ll 1V1 1 Vii:::: WON aaa , 198::: ?va� yelayc 'and ttQ cxl�iaW :;.:.:.. Section 3 Overtime A. Polices It is the policy of the City to discourage overtime except when necessitated by abnormal or unanticipated work-load situations. The City has the right to require overtime to be worked as necessary. Consistent with this policy, the Chief will make every effort to assign overtime evenly among the employees with similar skills or assignments. B. Definition: Overtime is defined as all compensable hours in excess of the regularly scheduled work day, or 40 hours per week. All overtime shall be reported in increments of 15 minutes and is non-accumulative and non-payable when incurred in units of less than 15 minutes. C. Compensation: An employee who works overtime authorized by the department shall be compensated at time-and-a-half. Payment for overtime shall be made on the first regular payday following the pay period in which overtime is worked, unless overtime compensation cannot be computed until some later date, in which case overtime will be paid on the next regular payday after such computation can be made. The employee may decide that he/she be paid for the overtime or accumulate such overtime at time-and-a-half. Payment for unused accumulated overtime shall be made upon termination, retirement or paid to the survivor upon death of the employee. Such determination must be made at the time the employee submits the overtime slip. Accumulated overtime shall not exceed 160 hours. If an employee reaches 160 hours, he/she must accept pay for any overtime exceeding that maximum. ' ltl ..........::.;::::...... :C::: ':•iii}}iiiiiiii:6:: ..::.:: :::Si}>T;?::.:.iiiii?i-? :•iii::'i....:n:: ::i\ ......................................................:.::::.................. first r�c�dd l'a��wt 0 �. �� vet �:.::::::>::::::>': it ttJ wt3r�d da ht $ $>: ` he.r:::::s extendedy±fie boareoclrs tr bk cane( }wl 16 Police Safety MOU Employees required to work when their shift is reduced 8y pnI honrcac, are turned fo3rW. T oue( hoax) tit rtat be edu ted MCA x: f`comi ensalaar :f >:...Y:.>}. If employees are required to wt�x beorad t%e�x standard et�d v si� "t,eno vvslt compensated at Mir normal +okert�xe rate, Section 4 Assignment to Higher Position An employee of the department temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten consecutive working days, shall receive the same salary for the higher rank to which he/she would be entitled, were he/she promoted to that rank during the period in which the employee is acting in the higher rank. The Chief shall certify monthly as to the assignment and the period of time worked in the higher rank to validate entitlement to the higher salary. This article does not apply to a situation in which there is no vacant higher level position for which funds have been appropriated. Substantive addition of duties of a higher level classification to an employee's budgeted position should be considered for a classification study. Section 5 On Call/Call-Back/Standby :::............................. rn ettt._ nII.> tt �s>: .... ::: r:: �crr. ::: .:....... : !::.............:::::.......r :. ! .:::::.:::::::::::...:...:........ :........ ..................................:..::::::::::.:::::.::::._::::.:.:;:.Y:::Y:.....}::.............. :. :._::._::::.:: " >:... .,...: ........ :....... :. . .. . ... .:sta ..at...l ..e? .. ..l ...:.. .....:... ... l al I ce::::... :.:....::............:: . :............. ..,........ ................r..�.,. ........................... <................r..r<.,.......r..., � :::.. ... ........::::::::.::::::::::::.::.::.::.::.::::...................Y}:.::............. .. t:s :vf o - at::::..... ; Nam ........ a....... <... ves6gatto ese: :::.:: aad ► . :fl o r >WM compensated with bne < D t flYf I It >..:.: time 8nd ::> - _::..v_:..:.:-::::...'.�{::::::::•w:::.v:::::ii(i••i}<::::L:ii::�:'i::}i:.i:'4i rate; f. ..':.ir!errads otame fartatu w bestabshed b axttnen ats .}Y::tt:^-:::::..v::::::�.YYY:<:a::..,.Y::-:'.}Y•:..nv:::.:.,:.:::.v!C^..:...Li:;,., :.......4......•.;...:.:v ................:.......:,.:...............�f......v....v.v....v ....v....:..u..n:rv:..x.4.a}nv:..w}nv o... rapsat4, :..ox tba►se railed ktex t eedu> vpx da wtll be e ttr m... .... or time artd.a:>ar aptrable �................... ....................:. :............. ................ ..... t.-T.:.•Y.r.:v:'k-•:-_.:�.'..ri:.}...,:,:#.:�:.}:.y m}':.iei}Y:.:iiiy:::.:.:.:.n.::-.:.n.:.:nsY.r::.;u�: ...:..v.....t..h..n e...e...m..........o N...............2..1..S..::T..,.,.,:j.....................%�.�!X�1y� ....�...... ... .. ....... �q wo .. AJS n...v :.rr.......r.r°r�..S 4:r.7 r .• 17 Police Safety MOU • :..w:..w::;•..v...,,.:;....:-.ii;;,.: ...,i..::.:'.ii?:!..:.!:.y'vV"•\•; ..:.,,,,::..::::.,,.n:.:::.yN.i.. :..v:.v.,v.xn.n,\\,\,v.,,,v. ....,,,,,,.\\\,,v,.+//p,\: :;4wG: x:MYI{??'-.:NH+•+ � �$ .y; Iri the event�n employed<�$pYa�t�<st$ndby,for�`fiourt:su� tfa ; angioyee wili xeve thxee (3)hou ray standby payf ttie etnoee is raUai tt courtt ark does i riot o be bnd 100=hours Ott thatch be conned part of the tiu ; 3 ilaufs' dl If tl;e employee has to a afr: e 000 :'rerss, dd�.ttonai t ili ad '> tree 3 hs1ustatidb . :w '....`: ' t . +a. x iii:...:::.:;:...................... ::.:: .:.:;•:;:.»::•::;•i:.::::::;::::.�.:o::-::.:;,,..:.,>,,:w{:::::::;;;.:.....::.: , or sta,dti vudl start with tie .......... )ate ern . . ..to .. .... ��...��...yy:::::::::.:.,•.,•n...:.:.... ,,.,,..,..;-::::......:a;•:::s;:•:;•:o:::::::.+.:....,.,,....:..,,,,\.,\a-:.,,.+++x.::.:;:,-;:::>;::::::::>:::4::::::::+.o..•�\h\.�\\„-:>:;\\.♦♦♦\\\..,+ //+:;::a„->::•:sl+/na:z: •.:»xa»:.+:iirrx tiA±.M ............... If an employee works graveyard shift and has an 8:00 AM court appearance, the employee will receive overtime pay for a minimum of one (1) hour. For all hours worked in excess of the one (1) hour, employees will receive overtime pay for actual time worked. In the event the employee is required to pay parking fees, the employee will be reimbursed. If employees are required to stay through noon recess, they will be paid for the actual time worked. Section 6 Educational Incentive All police officers shall be entitled to receive, in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below: A. One hundred dollars ($100)additional compensation per month shall be paid each police officer who has obtained a POST Intermediate Certificate; or, B. One hundred fifty dollars($150)additional base pay compensation per month shall be paid each police officer who has obtained a Peace Officer Standards Training (POST) Advanced Certificate; or, C. One hundred seventy-five dollars ($175)additional compensation per month shall be paid to each police office who has obtained POST Supervisory Certificate. Section 7 Court Fines The City shall pay for court fines imposed upon each member as a result of his/her conviction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member. 18 Police Safety MOU Section 8 Bilingual_ _ _.PU Each full-time employee who meets the City's certification and eligibility requirements shall be compensated at the rate of $50/month. The City shall reserve the right to determine languages for which testing will be conducted. ARTICLE IV FRINGE BENEFITS Section 1 Health/Life Insurance A. The City shall contribute monies toward health premiums for the employee plus one dependent, at the rate equivalent to the Kaiser South premium. In addition, the City will provide payment at the rate of the Mission Dental (Denticare) High Option plan, or its equivalent, for the employee and one dependent. The City's contribution will change to equal the cost in the Kaiser South premium and the Mission Dental (Denticare) High Option plan or its equivalent during the term of the MOU. +V.:::::::. a O••.b.Te'+,e. >on .'..::.`.>..a..i..i d:...<.t.h:ve:::::�v. is.....orl. Aex it... .. ....-b ii}.::t:(:•::4:!b:^:"•:i:' �':is rt i:Y i©:':i i::}:::i:;:,ti nF.az..ti.i i�f.#1 fr.:!.:•'.::�:i?t!.},'.:•<i>C::[:iC::v..A:..�v!.♦ � :N i e: 3 Vi n � >: .r?{:;::!?!•:a-:--:'I": ...:rv....................f.,.!:;>,::::•: r:a:;:..v :F?;:.;':•ti::.:': 14 3I�SI : enrollment t3�$` �C ?�v < ............. .. :....::.:......,.♦;.::::>.!!.:::.:�::'::'.::.;:'!.;::...,:.....::.........,:...:..:.:.;n..: �:::........ ..:c.:......:. ;,•:`.:;:.Y.:?££Cc:.:•.:.�xl?:'.•91x.•..Q .:.:......m...••bv�v:?.vx\�::.�::. v::..w:::::.w::r. :a?\:!:.:::..•;.,..::1.�.i:!:•:-:: . .. .:. .::.: v,'b'?:.;4b.' :v:._:•: ::'♦}}:¢:.':'i..i:?bi:'+i: v.}:.,.v::. v- :'r:�$:•..v.....}..:.. ...\ ;�:tt � �c��::. . . >>:Tb estate .>� > : bc ...:. .is � l� ea� : ::::.::::. ....................... ..........-............................... Y :: ..:. !.::::::::::::::::.::::::.:: . � � -: '.i.:b':i:•}:.}::1..`n}:::::. .:ti::•;:::{{!'::biiy:,:::::.:::::::.ii'p~::i:Li :::•'i::i':n :i: �:...:.:i. ::'::... :?!!?:.l+i;??.:ii:•i :v:::'::Y• �..:':. :'........ ...i::♦}iii:ii�iiTii:::{:::::n�;: :>:and:> >: .:.:<::la::..:....... e.:..: s:: ...t? .:..... ..:.........:......::::::.:::c ::.........:................................................. ....:.. .........................................................................................................................::::.::.:::::::::.::::::..:..::.:.::..::.::::..::..::::::::..:: ::::.is::...:.::::.i'.i':::.?::w:L:::?:.:':?:;•'li::.vivii%' .::.•.-�.�y:?�i.....i.....:i?.ii:.i:..:':'- ::':.:'::n;:.:...�...:. ...:��.i':.:... ..::..:..:.:.::.: ..: .:... ..ti: yet tra attons<< tlr w1i > an an $ u ;: ard.h t f r a ig <f on I grnu .. ...::::: ' .::.::::..::::::...:. : . <: ffe ::ialhealtlristtartee: ....: > Iii: -: :::::::.:::::::::::::::::::::::::::::::.:::.:....:::::::::::.::::..:. ....... :........... :.... :::.!•.: i ` •,v,�Gif:rib:?4:• ::.::::::::::::::::::::::::v::.:::::............................. ........................:::::::::::::;::.... Any contribution not utilized by the employee shall revert to the City. B. Insurance benefits available for purchase by employees include: medical, dental, vision, life, and accidental death and dismemberment insurance. 19 Police Safety MOU C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A. D. Included in the contribution described in Section A, the City shall contribute a maximum of $16 per employee to be used exclusively for the purchase of medical insurance benefits. E. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B. F. Cafeteria monies may be redesignated or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee. G. The City shall provide each employee with $5,000 term life insurance. H. The City shall pay funeral expenses of up to $10,000 for a police officer killed in the line of duty. I. Enrollment in City insurance plans is subject to the regulations established by each plan's provider. Section 2 Wellness Programs Each member of the bargaining unit is eligible to participate in a City-sponsored program of quarterly cholesterol checks and dietary counseling. Up to ten (10) members of the bargaining unit may participate one time in a Stop Smoking Program at up to$200/person, with incentives for up to ten (10) smokers who quit for 6 months& 12 months. (6 months-one shift off with pay; 12 months - another shift off with pay) Section 3 Rain Gear/Utility Uniforms/Uniform Allowance A. Rain Gear: The City shall continue its current method to provide appropriate duty rain gear for personnel. B. Utility Uniforms: Each employee of the bargaining unit shall be furnished one utility uniform. Said uniform shall be maintained in assigned lockers or in the vehicle, available for use at all times. 20 Police Safety MOU C. Uniform Allowance: Once each fiscal year, each employee in the bargaining unit shall receive an annual uniform allowance of$500, to be paid in a lump sum amount during the first pay period of March. . st°: ft�teir Pa ..: 041o� + ve :.;:: . ......... ......, , a�nnuat ttM a�1c��wance�: Section 4 Books and Tuition Allowance The City will continue, under its formalized procedures, to pay tuition costs for members who complete prior-approved,job-related courses of instruction which will increase their value to the City. Grades must be consistent with the City's Affirmative Action Policy. Courses must be taken at an accredited school. The amount of reimbursement shall be the equivalent of 50% of the tuition costs for up to three (3) units per quarter as charged by the California State University, San Bernardino, or up to one-and-a-half (1-1/2) times that amount, if based on a semester system. The Director of Personnel will recommend approval or disapproval, based on the availability of budgeted funds for tuition assistance. Reimbursement for books required for the approved course or courses may be authorized provided such books are tendered to the Chief at the time reimbursement for tuition is requested. Section 5 Deferred Compensation The City shall continue to sponsor a deferred Compensation Plan which shall be available to employees on a voluntary basis. Unspent "cafeteria" contributions may not be diverted into a deferred compensation or like plan. Section 6 Safety Equipment A. New employees who are required to have safety equipment, will be furnished same on a one-time basis including safety equipment hardware, leather and safety vests. B. The City shall furnish regularly-assigned motorcycle officers the following items as initial issue: (1) safety helmet; (1) pair boots; (2)pair of riding breeches, which are declared to be necessary for the safety of the officer as specified under Labor Code Section 6401 and Government Code Section 5008.1 21 Police Safety MOU C. Replacements will be issued upon return of worn-out items. It shall be the duty of each employee to use normal diligence in their use and any willful damage or loss shall obligate the employee to replace the item at his/her expense. Upon reassignment or separation from the department, these items shall be returned to the City. The City Director of Finance shall have direct control over the purchase, issue and replacement of the above described items. The Chief shall certify, in writing, to the Director of Finance as to an individual's entitlement. Section 7 Replacing/Repairing Personal PropeM The City shall continue to provide for the cost of replacing or repairing personal property, of an employee, which is lost or damaged in the performance of duty, as provided in Department Director Letter (DDL) No. 33, dated April 17, 1989, and revised September 21, 1992. Section 8 Service Pins Employees of the City of San Bernardino shall be awarded service pins upon completion of each of the following period of years of continuous loyal service: 5 Years 10 Years 15 Years 20 Years 25 Years & Over Years of service shall be deemed to include all continuous loyal employment for the City of San Bernardino. Award of service pins for the above designated service shall be made as soon as may be practicable after the employee has completed the required period of employment. Service pins shall be of such design as approved by the Mayor and Common Council of the City of San Bernardino and shall show the number of years of service for which the award is made and the City seal of the City of San Bernardino. 22 Police Safety MOU ARTICLE V LEAVES Section 1 Vacations •$Iii111a� t�\`i�.i:`$ :i•x4r:;�•:':$:• m y:d•>v}:.t t Q V�: VQ<:� .}.�...y.�......................::'.�..}..�v�.v/r�ti i�?<•'t•?}\\}'v v•::w�-.v.:..v:::.....}}}v\.Y.r'i.F"\.:��v.r}iy}.v••n:r:/n}}�v}}:4}%:t.}'.} }}:%'. A\v k\:Ji:..iJn',..\.. �eV� 1. :�::L:��AiJ". �::�i;:a•:'�i:;:.'::::;",�(`� V42:ii�: .;f:<;:S::it::::i:.t:::'ii! ......... ..}.....ri....:v:}hi .n\\....{i!n1}i:4•yr. :}i%I..:.:}y�..;:...>i:tt,..S .. ......:v-:.::.nom;.:. ... .....- v\\..:?.4\�.:4v,...,v vv,.... :. vn..:r r. v.✓: r:.t : ..• '�%%/:.xnvv.:..::.avv x•.v..,•:::ry.,%.,.....,,L;t!\{}x}tvvi!;v\\ti •.�.. ::i`�w v\\:v: � r::!6Rr8yi%%:G'...ti:.:.yf :.�'G�:}y.n} <`%%:.;:y:;i!;ry4}}:!?!.!}iii n:i'} ii'\}:?:`ii::�v\.}:+Y:i}v.:: •::%:'.:>\�.. {!F.:4:.:�:...r :.f.^3'!..t•.?.,�/ �.:.., .�(� ::\•y: .v\�::i .�.: -'rfv}}}}}%ili F pnJ{T..}}\�:!tt l A :::........... ................:... �;jy:?; \\:Y•:r j�(�}}�.-:%iR}::.�1':`'/L•i:i:i:•::•{.'i'?v`yiy':! :::•:i:;:.:!.}:?•.:-::S?ty:?!?v}:_i:.:!ii`•}::;�vv,}.£�� i'1=.YyaY.f:...:::i::�.:. .f.. � . ! }}:a::..n;<sS'}S::i:::;:;`::::i:::?''`:' :\\'.y� (..fffl\�\'.2cy.�}i:y...• ii.:�>s}r}:!y.•.�.,a.r.//.{-..:.\..�''�'�'C :..t..:::}:., }:.;:'u%f ��::'•? ?/lf�:cR}}::vrril.•:•}}:}>i}/ifff.�fft:;};t};.� `.�i.:. �t�¢ :i.:eR►14w.or;.ioy%.y...y:::;:::i:x:y:.r::i.:}. {.}:� ��y�Ao�. .i?'r.}};;•r9;} 2iivi':'i't':'t:i... :!.:ay.•}ytt?•:t ct.�y}y:•}}.!a:::a:7:+\::x::�;\ot,`ckL}axttttAi�d%r::r.:a!aw:,•:a�H.:f'c•}iw}x•,:wF 2ta::{,',��:.yktt.\\\:Qiii; %/.cw::a`t::c!tr:.:Y:•�K. 1[ k-.:ti...�\.`:}:.?.��::i:�:':Y.::v,.yU yv %/.;.fA.'.C�;`rH/../1d-:F..!�.... .. .iy;!.:i.:..:::�aC 9T'vY'C;\\\\tiQ:}tiJh\:.\\w:•;G!:R\\:)!�/ .N>Y..:T.. ..derv `. ��g�ns o��tt��c�a ':erg�:�..:. : ��r�►��.� .� �a� anus ir:.:�}::::::n:::::. .............::::.vnvv:; ......: .:.......... ...v..iviv}:{t!•}i%% .-.....,v r .................... ::.. .:.-:::...:::............ -;........................:!..:::.:.{vi.il•}}:{.}%4}:r.}%//.:v:•}>:?;4}y:.:v:vv.. Nx+:nv.J.v ...::::::::v:::v�::...v:..•:..:.............:.......n......�•.............. ......... n.•v:n•::...r...:x:m!v:n..:w::::.v:}:-.v .L... '.:':?..,':n::i':::::.<:::.}}:.}:}:{Cy;.}y..i'?.}:4:ii}}i:.:r.:::::J::'i::?•i;??::...:�:Y.;:1. }y::::::::.Y.^}}}L::i.Jl::.i... ::r...::; :::nv.:..v.......•,•?....... :t. B. When an employee resigns or otherwise leaves the service of the City and has not used his earned vacation since his last anniversary date, payment shall be made to the employee for the earned portion of his vacation. Calculation of payment for earned vacation, or deduction for unearned vacation upon termination, shall be made in accordance with the wage rate in effect on the final day of employment. C. When an employee returns to work after a break in "continuous service,' and when such break in continuous service shall have been by leave of absence with the approval of the Mayor and Common Council, vacation time shall not accrue during such break in continuous service but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. D. Whenever the terms "year or years of employment" appear herein, it shall be deemed to include all services for the City of San Bernardino. E. Once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their vacation and holidays to the City. The Police Chief will approve or disapprove a member's request for sell-back. An eligible employee shall notify the City by August 1st of his/her request for sell-back, for the prior fiscal year ending June 30th. 23 Police Safety MOU Section 2 lidays A. Employees shat Uo enh�ted to 1t1 qty-desntedotda±s, e ► ez ` l�otday. urs eac1 year, as{4s bav New Year's Day Memorial Day Independence Day Labor Day Veterans' Day (November 11) Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year's Eve :ddtlot� x�?Wrees sltal enttl tc� is: .. ::..... .:: .......... .: : .::.:.::::::.,.: : ......... ..... .. .::.....:....::.......:.:....... ...... ..:..::..::.::::.:::... be# veers.. a..... ...ts:, .. :...... ........... ... B. The Chief shall consider any request of any employee as to preference for taking floating holidays, provided however, the final right to allot the day to be observed is exclusively reserved to the Chief. ::::.:..... _:.... .:::::.:. ::::....... ............... ... ::. .....:::::.::::i:.:i}i:vii:':i.;•:, y;.. :r.....:......... :...... Fl .:..r.. r ;:: s ::1 :atloedatx�ue;hc�ltt> '`{{:>:{:;:` v > ............... ........... .�:.::{::ii:^:T;..;:.;�.::•. -.-:::::......R.i' .:. .........v,.::: .. "::.:V}: 4;{.......... •::f..+Tiiiiir Fi:.i:if:L::::i:+:•r!ii;:}��tiii wIL1TIII iP,3 iT13 $1 :t..... ta... . .....:. ''>: vv�de :. e. :: :: :. ..± ::. .... ::;::.:.:: Of�Cworkingtl�y:.�un�led��te�: `:.: 8c�d�[ c�s!�i3 � .:� f:�tbeCbr#i :.::::::::::..................,:..................:;::::.::::::::..:::::::::: ...... .....:..::::::::::::::::::.:.:..... .......:............... .........:......::::.:::::. .::::::::r::::.............:::..,.:.::.::.:i::...:_ ...... . ;>»:>:.::.:<..i.....:>.'':':::: ........ :::�4�i li g STS; :.:::::...... . ::..:........:::.:;:. it ..F D. Holidays as listed above shall be allowed on Monday, if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if any such holiday falls on Saturday, for all employees except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holidays eves will be observed on Mondays and Tuesdays. E. Holidays earned in any 12-month period are not accumulative beyond the total number of holidays allowed each year. 24 Police Safety MOU Section 3 Sick Leave A. Sick leave means absence from duty of an officer or employee because of illness or injury, exposure to contagious disease, attendance upon a member of his immediate family who is seriously ill or requires the care or attendance of an officer or employee, or death in the immediate family of the officer or employee. Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; mother-in-law; father- in-law; sister-in-law; brother-in-law; son-in-law; or, daughter-in-law. B. Not more than {#'' s of sick leave within any calendar year may be granted to an officer or employee for the care of or attendance upon members of his immediate family. Not more than :A'lfiN 1 of sick leave may be granted to an officer or employee for each absence due to death of a member of his immediate family as defined above. <saa C. No absence due to illness or injury in excess of 14.0:n.>� shall be approved except after the presentation of satisfactory evidence of illness or injury; and a certificate from a practicing physician or an authorized practicing chiropractor approved by the Mayor and Common Council may be required by the Chief and shall be subject to his approval concerning said absence. The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by the County health officer or other designated physician, and in the event of an adverse report, to reject such claim for sick leave, in whole or in part, and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the Mayor and Common Council may terminate sick leave compensation and reject any claim therefor. The Mayor and Common Council shall have the right to require the presentation of a certificate from a practicing physician or the County health officer stating that an officer or employee is physically or psychologically able to perform his work and duties satisfactorily before permitting an officer or employee who has been on sick leave to return to work. D. In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior or the station commander prior to the time set for beginning his daily duties, or as may be specified by the Chief. When the absence is for more than one work day, the employee may be required to file a physician's certificate or a personal affidavit with the Director of Personnel stating the cause of the absence. E. Sick leave with pay shall be granted to all regular employees. Sick leave shall not be considered as a right which an employee may use at his discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. 25 Police Wery MOU F. Whenever an employee is compensated hereunder for sick leave and has not had a vacation at the end of the current calendar year, he shall be allowed to take his vacation in the calendar year he returns to duty. G. Whenever the term "service of City" appears herein, it shall be deemed to include all service of the City of San Bernardino. H. All full-time officers and employees of the City who are actively on duty, have been in the service of said City for six (6) months or more continuously, and who are compelled to be absent from their work on account of illness or injury, other than that which is compensable under Article V, Section 5, Injury Leave, of this MOU shall receive their full salary, wages, or compensation for a period of one (1) day for each month of continuous service; provided that such salary, wages, or compensation shall cease upon the exhaustion of all accumulated sick leave. I. Sick leave may be accumulated without limit and time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave shall not accumulate during periods of leave of absence without pay. J. The of sick leave granted after six (6) calendar months of continuous service as herein provided for all full-time employees shall be computed at the rate of approximately #hours per pay period. In the event that an employee works less than 50% of the total normal work hours in the pay period, he shall receive no sick leave benefit for such pay period and shall not be credited with the #1 hours of sick leave. K. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only. Section 4 Payment for Unused Sick Leave A. All permanent employees or the estate of any such deceased employee who dies during employment shall be entitled to receive payment for unused sick leave, subject to the restrictions and conditions as set forth below. B. Employees or the estate of any such deceased employee who dies during employment, after the completion of five (5) years of continuous full-time employment with the City, upon retirement, death or termination of employment, except through dismissal or resignation with prejudice, shall receive compensation of 50% of accumulated, unused sick leave, provided that in no event shall such compensation exceed 480 hours of such leave. C. For the purpose of this section, the "retirement" shall have the meaning ascribed to it and the definition therefore as set forth in Section 20035 of the Government Code. 26 Police Safety MOU D. Each fiscal year, an employee may elect to receive payment in lieu of accrued sick leave, provided such employee has used Ullours or less of sick leave during the fiscal year ending June 30th. An eligible employee shall notify the City by August 1st of his/her desire to receive such payment. The City shall compensate eligible employees no later than December 1st. An employee receiving such pay shall receive, at the then current salary rate, pay for one-fourth (1/4) of the number of hours of sick leave accrued, less those hours used for the fiscal year period. The employee's accrued sick leave shall be reduced by the number of sick leave hours for which pay is provided. Section 5 Iniury Leave Employees will have a choice of doctor and hospital on work related injury, in accordance with existing State Labor Code. The parties understand that Association may submit the issue of the applicability of California Government Code Section 45010 as it pertains to City Resolution No. 6433, Section 6, for determination by way of an action for declaratory judgment to be filed in the San Bernardino County Superior Court. The City does not waive its defense that this issue has been decided in favor of the City by a binding decision of the Court of Appeal, nor does the City hereunder agree to pay any costs or expenses of the litigation. When injury is sustained in the course and scope of employment with the City, said employee shall be compensated under the provisions of the Workers' Compensation Insurance and Safety Act of California and not under the provisions of the MOU; provided that he/she shall be reimbursed pursuant to the provisions of California Labor Code Section 4850 during the first 365 days of disability, provided further that these payments may be terminated pursuant to the provisions of California Government Code Section 21023.6. Employees who are receiving payments under Labor Code Section 4850 shall accrue vacation, sick leave and holiday credits during such absence from duty. When an employee is off duty on injury leave and has not had a vacation at the end of the current year, he shall be allowed to take his vacation in the calendar he returns to duty. 27 Police Safety MOU i Section 6 Leave of Absence Without Pay A. Leave of absence without pay is a temporary non-pay status and absence from duty granted at the request of the employee. Leave of absence without pay may be granted by the Mayor and Common Council for a period not to exceed six (6) months, upon the positive recommendation of the Chief and the City Administrator. Under justifiable conditions, said leave may be extended by the Mayor and Common Council for additional periods. A leave of absence without pay will be considered favorably if it is to be expected that the employee will return to duty and that at least one of the following benefits will result: increased job ability, protection or improvement of the employee's health, retention of a desirable employee, or furtherance of a program in the interest to the City. Examples or conditions for which a leave of absence without pay may be granted are: 1. For an employee who is a disabled veteran requiring medical treatment. 2. For an employee who is temporarily mentally or physically unable to perform his duties. 3. For an employee who files for or assumes elected office. 4. For maternity or paternity leave, upon the recommendation of the attending physician. 5. For military leave when the employee has less than one(1) year of service to qualify for leave with pay. An approved leave of absence without pay for less than 60 days in any calendar year will not be considered a break in service. Leave in excess of 60 days shall result in the advancement of the employee's anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to return to duty at the expiration of the approved leave of absence without pay shall constitute an automatic resignation. B. The City's contribution towards an employee's health and life insurance premiums will not be extended beyond the last day of the month in which the absence without pay begins if the leave of absence without pay becomes effective during the first 15 days of the month nor beyond the last day of the next succeeding month if the leave of absence without pay becomes effective after the 15th day of the month, unless the employee is returned to work from leave of absence without pay status prior to the date the City's contribution would be discontinued. In the event the employee desires to maintain full health and life insurance coverage while on leave of absence without pay status, he may arrange to pay the insurance premiums for the coverage desired (both the employee and the employer portions). It is the responsibility of the employee to contact the payroll section in this regard. The payment of the amount of the premiums must be made to the payroll section prior to the date on which the City's participation will terminate. Payments must be made monthly thereafter until the employee either returns to work or his employment with the City is terminated. 28 Police Safety MOU C. Upon an employee's return to work, the City's contribution towards the employee's health and life insurance premiums will begin on the first day of the month following the end of the leave of absence without pay if that leave of absence without pay terminates between the 1st and 15th days of the month, or on the 1st day of the next succeeding month if the leave of absence without pay terminates after the 15th day of the month. D. Notwithstanding any other provision of this section to the contrary, the City will continue its contribution for health and life insurance premiums of an employee on leave of absence due to any injury or illness arising out of and in the course of his or her employment with the City. in4:.:i^:n•..:}'7\V:'{•;'b.v.;ri;::!S:\:;\j:ivnn;};i+.ry�.,vy:ii:'l,.r":k:`:•:\\':�N:�•+i\\\tii?. '..0.�. ^.N.iJ? ;} ,>C.nY ?:r'.i: ;F fJ�.J::::•-v:v. �� Wt� \ S :\\�,.�A.l.,:j•.\4 �4\\ Ffr MN Med .and:;Fame: frr > :. : }� Section 7 MililM Leave A. An employee who shall enter the Armed forces of the United States during war or national emergency, as declared by the President or the Congress of the United States, shall be entitled to a leave of absence without pay during such service and for a period of 90 days thereafter. Every such employee and/or officer returning to the City within the time herein specified, and who has been honorably discharged from such service shall be reinstated without loss of status or seniority, provided they are not physically or mentally incapacitated from performing the duties of said office or position. B. Compensation of employees on temporary military leave of absence is found in Military & Veterans Code Section 395.01 which currently provides in part as follows: "Any public employee who is on temporary military leave of absence and who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his salary or compensation as such public employee for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in any one fiscal year. For the purposes of this section, in determining the one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service." C. All persons appointed to fill such position during war or such national emergency, shall be temporary appointees only. D. In the event of circumstances which require reserve "call-up," the City will meet and confer with the POA over the impact of the call-up on unit members. 29 Police Safety MOU ARTICLE VI WORKING CONDITIONS Section I W.Wo��'d Schedules The standard work day represents the tour of duty for which an employee is regularly scheduled for work during a 24-hour period commencing from the start of the employee's assigned shift. A regularly scheduled tour of duty which commences before midnight and ends the following day shall be reported for payroll purposes as time worked for the day in which the tour of duty began. A q W.ix .. ................ .... ... ..... xil : ............. ...... da 6 g 5 V g N -Z M lour.- .... ....................... . *A ...... ... .... .. or "01 ................ ..................... ... ..................... ....... ........................... .............. iilii...................27............ he, . ............. ........ W- ve .............. IN WON th, !k........ ... ............. ........... .......... Section 2 Shift Change Subject to authorization of the Chief, Assistant Chief, Captain, Area Commander or Station Commander, employees in the Unit should be allowed to exchange time with other 30 Police Safety MOU employees of equal rank on the following basis: A. Time exchanged shall be with equal rank and be agreeable with both parties and shall be requested in a memo signed by both employees. B. The time exchange requested shall be initiated with the immediate supervisor of the employee requesting the exchange. C. Time exchanged may be by one standard workday or by a half (1/2) standard workday. D. Time exchanged shall be repaid by one standard workday or by a half (1/2) standard workday, within a seven ('n-day period. E. Since this is done for the convenience of the employee, in no case shall a shift exchange or repayment of a shift exchange be considered in computation of overtime. Section 3 Probationary Period The probationary period for positions in this Unit shall be 12 months from the date of hire. Section 4 Seniority Seniority is herein defined to be an employee's length of service, with no break in service, within the Police Department and/or classification in which the employee is presently assigned. The department may consider seniority in vacation scheduling, shift assignments and transfers within classification. Section 5 Re-Employment An employee who has terminated City employment, and who is subsequently rehired in the same classification in a regular position within a 90-day period, may receive restoration of salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as of the date of rehire. 31 Police Safety MOU RR Section 6 Physical Examinations The City shall pay medical fees for the physical examination of any police officer when such examination is required and directed by the City. ARTICLE VII GENERAL PROVISIONS Section 1 Waiver Clause The City and the Association for the life of the MOU, each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU. Section 2 Severability If any provision of this MOU is held by the proper legislative or judicial authority to be unlawful, unenforceable, unconstitutional, or not in accordance with applicable statutes or not applicable to Charter cities, all other provisions of the MOU shall remain in full force and effect for the duration of this MOU. If there is any conflict between the provisions of this MOU and the provisions of federal, state or local government regulations, the provisions of the federal, state or local government regulations shall be controlling. Upon the issuance of a decision declaring any article, section or portion of this MOU to be unlawful, unenforceable, unconstitutional or not applicable to Charter cities, the parties agree to meet and confer immediately concerning only those articles, sections and portions. Section 3 Printing of Memorandum of Understanding The City and the Association will share the cost of printing of the MOU. Section 4 Term of Memorandum of Understanding .Y....i: .::}:"'� :: ......:.�#:.....:.. ..:....:. ...... .ry: :.i. ..y..........::.:..:Y:.:..•;•r. :........:........: .....::.t YY.i:l• Its MOO bet a fe t:<f r t >. ..:..:.:.::..: r .:....:. :> ...::..:.... ::» ':: ark> td ..:: sv.......... ....... 32 Police Safety MOU PROPOSED CONTRACT COSTS POLICE SAFETY EMPLOYEES' MOU 1/1/95 - 12/31/98 Fiscal Fiscal Fiscal. Fiscal Fiscal Year (1/2) Year 'Year Year Year.(112) 7/1/94-6/30/95 7/1/95-6/30/96 7/1/96-6/30/97 7/1/97-6/30/98 7/1/98-12/31/98 HARD COSTS PERS 1% 69,600 139,200 139,200 139,200 69,200 MEDICAL (811 each year) Kaiser +50 -0- 117,200 10,700 Kaiser +100 234,300 255,600 127,800 Post Survivors (111198) 291,300 291,300 TOTAL CONTRACT COSTS 69,600 256,400 384,200 686,100 +1$8,700 ORIGINAL PARAMETERS <53,000> <106,000> <106,000> <106,000> <53,000> TOTAL OVER PARAMETERS 1 16,600 1 150,400 1 278,200 580,100 435,700 SOFT COSTS Vacation Parity 15,000 30,000 30,000 30,000 15,000 Holiday Reduction <47,000> <94,000> <94,000> <94,000> <47,000> TOTAL SOFT COSTS. <32,000 <64,000> <G4,OOQ <64,000> <32,OQ0> Notes: *Total estimated payout over term of contract = $1,885,000($127,900 increase) *Total estimated annual cost of continuing contract = $977,400 *Total contract represents approximately $3,9101year increase per employee after full implementation of the contract. *The Kaiser South health premium rates for the past three years have remained stable,fluctuating up or down by 1.5% POLICE.NEGOTIATIONS:PROPOSED.CONTRACT.COSTS.2 dm 1/23/95 A, CITY OF SAN BERN! IDINO - REQUEST Fr I COUNCIL ACTION BARBARA DILLON RESOLUTION IMPLEMENTING MEMO- RANDUM OF UNDERSTANDING Dept: PERSONNEL BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE Date: JANUARY 5, 1995 POLICE SAFETY EMPLOYEES' BARGAINING UNIT REPRESENTED BY Synopsis of Previous Council action: SAN BERNARDINO POLICE OFFICERS' ASSOCIATION (SBPOA) February 3, 1992: The Mayor and Common Council imposed a contract on the Police Safety Employees' bargaining unit. April 4, 1994: Mayor and Common Council (Closed Session). November 21, 1994: Mayor and Common Council (Closed session). December 19, 1994: Mayor and Common Council (Closed Session). Recommended motion: Adopt Resolution. ��alc . ��►cF,� JAN 95 ,1: 21 Signature Barbara Dillon 384-5161 Contact person: Phone: Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct No.) (Acct Description) Finance: Council Notes: 75-0262 Agenda Item No. �� CITY OF SAN BERNA ""'DINO - REQUEST FC -1 COUNCIL ACTION STAFF REPORT The contract with the Police Safety Employees expired on November 30, 1992. The City Team and the San Bernardino Police Officers' Association (SBPOA) held ten (10) negotiations sessions, before SBPOA declared impasse at the tenth negotiations session on August 9, 1994. Both parties agreed to mediation by the State Mediation and Conciliation Service. Two (2) mediation sessions were held, on September 19, 1994, and October 3, 1994. The mediator, upon request of SBPOA, presented SBPOA's proposals in closed session at the November 21, 1994 Council meeting. Attached is the Police Safety Employees' Memorandum of Understanding (MOU). The term of the MOU is from January 23, 1995 to January 23, 1999. The Mayor and Common Council approved the economic benefit package described below on December 19, 1994. The MOU also contains several language changes on non-economic items. Health Benefits Increase City contribution to employee's health insurance, to add $50/month over and above the Kaiser South and Mission Dental (Denticare) rates following open enrollment in 1995; and, add $100/month over and above these rates following open enrollment in 1997. Retirement Benefits Increase contribution to the employees' share of the Public (two items) Employees' Retirement System (PERS) plan, from 8% to 9%, as of the first pay period following Council approval of the MOU. Contract with PERS to provide the Post-Survivors' Retirement benefit, as of January 1, 1988, based on approval from PERS and the Mayor and Common Council. Vacation Parity Implement vacation parity with non-safety bargaining units, resulting in employees receiving additional vacation hours after fewer years of service, e.g., 120 hours after five (5) years of service vs. 120 hours after seven (7) years of service. As part of the contract, Police Safety Employees gave up 16 hours of holiday time each calendar year, starting in 1995. Attachment: Resolution Implementing Memorandum of Understanding Between the City of San Bernardino and Employees in the Police Safety Employees' Bargaining Unit Represented by San Bernardino Police Officers' Association (SBPOA) -0264 January 1, 1995 to December 31, 1998 POLICE SAFETY EMPLOYEES ' MEMORANDUM OF UNDERSTANDING CITY OF SAN BERNARDINO OFFICE OF THE DIRECTOR OF PERSONNEL TABLE OF CONTENTS Article/Section Title Pan Resolution No. Implementing a Memorandum of Understanding I ARTICLE I ADMINISTRATION Section 1 Definition of Terms 3 Section 2 Management Rights 4 Section 3 Mutual Aid 5 Section 4 Agency Personnel Rules 5 Section 5 Employees' Rights 5 ARTICLE II EMPLOYER-EMPLOYEE RELATIONS Section 1 Recognition 6 Section 2 No Strike 6 Section 3 Payroll Deductions 6 Section 4 Grievance Procedure 7 Section 5 Employee Representatives 9 Section 6 Investigation Rights 10 Section 7 Non-Discrimination 12 Section 8 Personnel Files 12 Section 9 Political Activity 13 Section 10 Polygraph Activity 13 Section 11 Financial Disclosure 13 Section 12 Locker Search 13 Section 13 Use of City Resources 13 Section 14 Employer-Employee Relations Committee 14 ARTICLE III COMPENSATION Section 1 Salaries 14 Section 2 PERS 15 Section 3 Overtime 16 Section 4 Assignment to Higher Position 17 Section 5 On Call/Call-Back/Standby 17 Section 6 Educational Incentive 18 Section 7 Court Fines 18 Section 8 Bilingual Pay 19 ARTICLE IV FRINGE BENEFITS Section 1 Health/Life Insurance 19 Section 2 Wellness Programs 20 Section 3 Rain Gear/Utility Uniforms 20 Section 4 Books and Tuition Allowance 21 Article/Section Title Page Section 5 Deferred Compensation 21 Section 6 Safety Equipment 21 Section 7 Replacing/Repairing Personal Property 22 Section 8 Service Pins 22 ARTICLE V LEAVES Section 1 Vacations 23 Section 2 Holidays 24 Section 3 Sick Leave 25 Section 4 Payment for Unused Sick Leave 27 Section 5 Injury Leave 27 Section 6 Leave of Absence Without Pay 28 Section 7 Military Leave 29 ARTICLE VI WORKING CONDITIONS Section 1 Work Schedules 30 Section 2 Shift Change 30 Section 3 Probationary Period 31 Section 4 Seniority 32 Section 5 Re-Employment 32 Section 6 Physical Examinations 32 ARTICLE VII GENERAL PROVISIONS Section 1 Waiver Clause 32 Section 2 Severability 32 Section 3 Printing of Memorandum of Understanding 33 Section 4 Term of Memorandum of Understanding 33 Section 5 Notice of Intent to Reopen 33 Section 6 Prevailing Benefits 33 Exhibit 1 Letter of 1/28/92 Re: Tuition Reimbursement Exhibit 2 Memorandum of 12/17/91 Re: Indemnification of Police Officers for Punitive Damages Sought in Lawsuits Index Police Safety MOU ARTICLE I ADMINISTRATION Section 1 Definition of Terms Administration: Any elected or appointed official of the City and any employee of the City whose job classification is Management or Confidential employee. Appointing The Chief of the San Bernardino Police Department. In the Authority: Chiefs absence, the Assistant Chief will be the appointing authority. Appropriate Those positions recognized as belonging to the unit covered by Unit: the terms of this MOU. Association: The San Bernardino Police Officers' Association (SBPOA). Chief: The Chief of Police of the City of San Bernardino. City: The City of San Bernardino. Continuous Service: Five-sixths (5/6) of the available compensable days within the 12- month period immediately preceding the date of the employee's return to service: 217 days for employees worldng 8-hour shifts and 173 days for employees working 10-hour shifts. Department: The San Bernardino Police Department. Division: Any one of the major Divisions of the Department. Employee: All Safety Personnel within the classifications in this appropriate unit. Employee The San Bernardino Police Officers' Association (SBPOA). Organization: Employer: Shall include the City of San Bernardino, and the City of San Bernardino Police Department. Gender: The masculine gender also includes the feminine. 3 Police Safety MOU Mandatory and "Shall" is mandatory, "may" is permissive. Permissive: Memorandum of Shall mean the contractual obligation between the City and the Understanding employees of the Unit. (MOU); Singular and The singular also includes the plural. Plural: Tense: The present tense shall also include the past and future. Working Day: Eight (8) hours, unless otherwise stated. Section 2 Management Rights This Resolution shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers, and authority which the City had prior to entering into this MOU, except to the extent that the provisions of the MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all rights, powers and authority under City Charter, Ordinances, Resolutions, State and Federal law, and expressly and exclusively to: determine the mission of its constituent departments, commissions, and boards; set standards of selection for employment and promotion; direct its employees; establish and enforce dress and grooming standards; maintain the efficiency of governmental operations; determine the methods, means, numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City issued wearing apparel, equipment or technology to be used, provided that no such measures which threaten the safety of employees shall be adopted; determine and change the facilities, methods, technology, means, organizational structure, size and composition of the work force and allocate and assign work by which the city operations are to be conducted provided, however, that no such measures which threaten the safety of employees shall be adopted; determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; assign work to and schedule employees in accordance with requirements as determined by the City, and establish and change work schedules and assignments as set forth in the MOU; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline employees in accordance with the applicable law; establish employee performance standards including, but not limited to, quality and quantity standards; carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 4 Police Safety MOU Section 3 Mutual Aid Nothing herein shall in any way be construed to limit the use of any public safety agency or any member in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this article be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is indeed necessary or desirable by the jurisdictions or the agencies involved. Section 4 Agency Personnel Rules It is understood and agreed that there exists within the City the "Civil Service Rules and Regulations for the Classified Service"; Resolution No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and Resolution No. 10585, Adopting Rules and Regulations Relating to Employer Employee Relations, as amended. These documents will continue in effect, except for those provisions modified by the Common Council in accordance with State or Federal Laws, orders, regulations, official instructions or policies. In the case of proposed changes, by other than agreement, the City shall consult with the Association, or meet and confer when required by statute. In cases of emergency, the Association and City will meet as soon as possible after the changes. Section 5 Employees' Rim Employees shall have all the rights which may be exercised in accordance with State Law, Federal Law, the Charter, and applicable ordinances, resolutions, rules and regulations. A. The right to form,join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. B. The right to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City. C. The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal by other employees, employee organizations, management or supervisors, as a result of their exercise of rights indicated in (A) and (B) above. 5 Police Safety MOU ARTICLE H EMPLOYER-EMPLOYEE RELATIONS Section 1 Recognition Formal recognition of the Association is acknowledged for purposes of meeting and conferring on wages, hours, working conditions, and other terms and conditions of employment and of general representation of its members. The Association has been recognized formally as the majority representative of the appropriate unit composed of Police Officers and other sworn, non-management positions in the San Bernardino Police Department, including but not limited to, the following classifications: Police Officer; Juvenile Officer; Corporal; Detective; Senior Identification Inspector; and, Sergeant. Section 2 No Stri ke It is the purpose of the MOU for the parties hereto, to confirm and maintain the spirit of cooperation which has heretofore existed between the City of San Bernardino and the employee organization. It is recognized that any work disruptions are unproductive to City operations and services provided its citizens. The Association and City hereby agree that they shall at no time nor in any way jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Association and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Association shall not, on behalf of itself and its members, individually or collectively, engage in any curtailment or restriction of work, including, but not limited to "blue flu" or strikes, at any time during the term of this MOU. Section 3 Payroll Deductions It is agreed that the Association membership dues, insurance and premiums for plans sponsored by the Association shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to the Association within 30 days after the conclusion of the month in which said membership dues and insurance premiums were deducted. 6 Police Safety MOU The City shall not be liable to the Association, employees, or any other persons by reason of the requirements of this section for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Association shall hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the City under this section. Section 4 Grievance Procedure A. use The City of San Bernardino and the Association realize the importance of a viable Grievance Procedure to aid in the resolution of disputes among employees, supervisors and management. It is recognized that, to maintain high employee morale and harmonious relations, an orderly method of processing grievances is necessary. This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints. The representative of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process. The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on his/her standing with his/her supervisors or his/her loyalty as a City employee, not be a reflection on the employee's supervisor or the department involved, unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process. B. Definition: A grievance is an alleged violation of the terms of this MOU or of the laws, ordinances, resolutions or regulations concerning or affecting wages, hours or other conditions of employment. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure, or through appeals to the Civil Service Board. Additionally, allegations of discrimination and harassment shall be submitted to the Affirmative Action Officer. C. Representation: The aggrieved employee shall have the right to be represented. This representation may commence at any step in the Grievance Procedure. Legal Counsel and/or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he/she so desires. If the employee's Legal Counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the MOU. 7 Police Safety MOU D. Consolidation of Grievances: In order to avoid the necessity of processing numerous similar grievances at one time, a single grievance may be filed. E. Time Limitations: Time limitations are established to settle a grievance quickly. Time limits may be modified by agreement of the parties. If at any stage of the grievance procedure the grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal grievance may be entertained in or advanced to any step if the parties jointly so agree. F. SLQs in the Grievance Procedure: The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee's grievance. An attempt to settle the grievance in the informal structure at the employee-supervisor level is required. The grievance must be submitted to the Informal Step within ten (10) working days of the incident causing the grievance, or of the grievant's knowledge of the incident's occurrence. *Note: If the employee chooses to appeal disciplinary action'to the Civil Service Board, he/she shall be precluded from filing a grievance. The date and the subject of the incident should be provided with the request for the informal meeting. 1. Informal: Initially, the grieving employee shall, on a personal face-to-face basis, discuss his/her complaint with his/her immediate supervisor informally. Within ten (10) working days, the supervisor shall give his/her decision to the employee orally. 2. Formal: Step 1. Written Grievance to SuNryisor: If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to his/her immediate supervisor. This must be accomplished within ten (10) working days of being informed of the supervisor's informal decision. Within ten (10)working days of receiving the written notification of the employee's grievance, the supervisor may meet with the employee and thoroughly discuss the grievance. The employee may appear personally and may be represented by a representative of his/her choice. In any event, the supervisor shall give a written decision to the employee within ten (10) working days after receipt of the written grievance. Step 2. Meet with Division Head: If the grievance has not been satisfactorily resolved at this level, it may be appealed within ten (10) working days to the Division Head who may follow the steps outlined in Step 1 above. In any event, the Division Head shall give a written decision to the employee within ten (10) working days after receipt of the grievance. g Police Safety MOU i Step 3. Meet with Chief: If the grievance has not been satisfactorily resolved at this level, it may be appealed within ten (10) working days to the Chief, who may follow the steps outlined in Step 2 above. In any event, the Chief shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within ten (10)working days to the Director of Personnel. Step 4. Review by the Director of Personnel: If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Personnel within ten (10) working days from the date of delivery of said answer. The Director of Personnel, or his/her designee, shall meet with the employee, and, if the employee desires, the designated Union representative within ten (10) working days after receipt of the appeal. The designated City representative shall deliver his/her answer, in writing, to the employee within the ten (10) working days after the meeting. Step 5. Final Step: a. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Administrator or his/her designated representative within ten (10) working days from the date of delivery of said answer. State in writing the complaint and the desired result. b. The City Administrator or his/her designated representative shall deliver his/her answer, in writing, within the ten (10) working days after receipt of the appeal. C. The decision of the City Administrator or his/her designated representative is final and binding on all parties, unless reversed by a court decision. d. All grievances shall be treated as confidential and no publicity will be given the final resolution of the grievances. Section 5 Employee Representatives When requested by an employee, a Job Representative (Job Rep) may investigate any alleged grievance in the department, and assist in its presentation. The representative shall be allowed reasonable time therefor during working hours without loss of time or pay, upon notification and approval of his/her immediate supervisor with the concurrence of the division or department head. The privilege of a Job Rep to leave their work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Rep will not be 9 Police Safety MOU granted time off, or compensation, for the purpose of handling grievances outside this unit. The Association shall notify the City of the names of each Job Rep, each January. A ratio of one (1) Job Rep for every 50 permanent employees in the Unit, but not less than five (5), shall be recognized by the City. Job Reps shall include: one (1) from Detective Bureau; three (3) from Patrol; one (1) from MET/Traffic; and, one (1) from Narcotics. Section 6 Investigation Rights When any employee is under investigation and subjected to interrogation by his/her commanding officer, or any other member of the department, which could lead to punitive action, such interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action is defined as any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for purposes of punishment. ' lrepatenf wl €talc » f efft ...........: :::;:::::::::::::::;;::..:...... . ::..:.... ...:.. ::::.::.v::::::::n:�:•.w::::;;....:..ii:i Ti':'iv0:•i ............. :::::..i':i'iii:iL: v: ...... ... :............ ............ .................•.:.�:::;x.xxx............n.n..xrxrv..•.F.:::.E•rff.Y.x1.-r. ::v:::::;:i::::::::n...•:::::.y':ii::.......... A::......: ..................... :. :'r:.w:::.:.:%::...:::.;':..::}v: :::.::}'::.}':;X.:i:}:•.v..}'._:::..w:x:.i ; rtirce lid de�rn thattp [ vden ... sue. i:::i:iii',...i}i:'?i:.:titi:•.::ii?iiii:4::'^?i':.^iyiT?:Y.i{•:�....•:iiii}i:!•i?iiiii}ii:: ':.:.ii::i:x::i.:.........:. .......... ? . .::.:i:u >'..; :_:<: tyd Ihon ::: .. tire:: ..........::. .:::. .:a........: .:: . .,.:.:. ....•>::.;:::i:. .:....:...........,..:... .:..... ..�:....:.. ::::. :.::.»:. w:>:;i:.:v.>..n::;:...:::::.:.::i:.:;::;.:;'i::.:r,.>:::.:.::::;'>:.:;'::«.::: ..::.-:..:::....; i:;<•::-•::7::i:::::is;:::.'•:::?;7;?>:R:;:Y:;:Y>'ac Te: 'c�t te :wt` cde:>dr <�c :< etc J� � x:..::::. :::: :::::::.::::::::::::::::::::::::::::::::::1 . :::::::::::::: :.: ��t.... : .: ::... ................................................ .................:.::.::......:..................:.::::::.: '..::. ::.::::.:<::........................:....:.:....... :. rfoance evaTgtxsclv�te ai ::.:: unt.re '< e.... t# st`' iR :: ! :...........:....::........................... ....::.:: :........:. . :: :........ cplq . o �c :�tf, k :::'.::i::: :.:;.:.. ce�ttls sd<fti ................................. ...:......:....:.:::::::::............................................................... :.....::.:.......:..{1 ::.::::..:'::::(:.::::;::: :.;('�.::}'.�:::::::..(::::::::•::;:::v:is}. .:.�:::...::.......:. ::•.:.::::::.:::::.:�:' _.:�Q:yi?i',.w::.•.....f..::::iiii:::ji:i'ir•:�:i:?!::xixQ:ir":S.i::i-'�.ifH:::jj• `y- v :.: �/.. ?4:i.::: � .ji�1!;:i.:: .�.:.w.•n'3.T.v':T.'-• .•.n:•.:...:..:v 1 :..:..:. ' ,. v............. .......... ..... .... Sew> c1,tie em 10 :> :< be T esebed Vie;. e ?...:.Y..:::...::...:.:::....::::....: .........................::....:.:::.:...:..:.:...::.:.: :...............:........::....::::.:. ..............:......... erng3vard meet Qvd tf ;thes 4n � ;frhe tom:>:..:::::: :.:::: : :: .. ' :...:....:.::.:::::::::::.:.:........:: ... .::::.::.::::..:::.::::::._:::.::::::::::::::::::::::::::::::::. .:::::::...::.:::..:::..:..::............p.............. e em a nests Igo shift e::� ;a u c you tiiE t. au ` o r€t .:.. .ism :: :.:.::.:::.::.::. .::i :i ::: >:.,:.:.:i:::i::;:::::::::... A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty or during the normal waking hours for the employee unless the seriousness of the investigation requires otherwise. If such interrogation does occur during off-duty time of the employee being interrogated, the employee shall be compensated for such off-duty time in accordance with regular department procedures, and the employee shall not be disciplined for any work missed. B. The employee under investigation shall be informed prior to such interrogation of the name, rank and command of the officer in charge of the interrogation, the interrogating officers and all other persons to be present during the interrogation. All questions directed to the employee under interrogation shall be asked by and through no more than two interrogators at one time. 10 Police Safety MOU A C. The employee under investigation shall be informed of the nature of the investigation prior to the interrogation. D. The interrogating session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his own personal physical necessities. E. The employee under interrogation shall not be subjected to offensive language or threatened with punitive action, except that an officer refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any questions. The employer shall not cause the employee under interrogation to be subjected to visits by the press or media without his express consent nor shall his home address or photograph be given to the press or news media without his express consent. F. The complete interrogation of an employee may be recorded. If a tape recording is made of the interrogation, the employee shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The employee shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators to other persons, except those which are deemed by the investigating agency to be confidential. No notices or reports which are deemed to be confidential may be entered in the officer's personnel file. The employee being interrogated shall have the right to bring his own recording device and record any and all aspects of the interrogation. G. If prior to or during the interrogation of an employee it is deemed that he may be charged with a criminal offense, he shall be immediately informed of his constitutional rights. H. Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters which are likely to result in punitive action against any employee, that employee, at his request, shall have the right to be represented by a representative of his choice who may be present at all times during such interrogation. The representative shall not be a person subject to the same investigation. This section shall not apply to any interrogation of an employee in the normal course of duty, counseling, instruction or informal verbal admonishment by or other routine or unplanned contact with a supervisor or any other public safety officer, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities. i I. No employee shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. 11 Police Safety MOU Lawful Exercise of Rights: Insubordination• Administrative Anneal A. No employee shall be subjected to punitive action, or denied promotion or be threatened with any such treatment, because of the lawful exercise of the rights granted herein or the exercise of any rights under any existing administrative grievance procedure. Nothing in this section shall preclude a head of an agency from ordering an employee to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him with insubordination. B. No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the employee with an opportunity for administrative appeal. Section 7 Non-Discrimination The provisions of this agreement shall be applied equally by the City and the Police Association, to all employees covered hereby without favor or discrimination because of race, sex, age, national origin, marital status, sexual orientation, political or religious opinions or affiliations or Association membership. Further, there shall be no discrimination against qualified individuals with disabilities, as defined in the Americans with Disabilities Act (ADA) of 1990, when those individuals do not pose a risk to the health or safety of themselves or others. Section 8 Personnel Files No member shall have any comment adverse to his/her interest entered in his/her personnel file, as described in PC 832.8, or any other file used for any personnel purposes by the employer, without the member having first read and signed the instrument containing the adverse comment indicating he/she is aware of such comment, except that such entry may be made if, after reading such instrument, the member refuses to sign it. Should a member refuse to sign, that fact shall be noted on the document, and signed or initialed by such officer. A member shall have 30 days within which to file a written response to any adverse comment entered in his/her personnel file. Such written response shall be attached to, and accompany, the adverse comment. Section 9 Political Activities 12 Police Safety MOU Except as otherwise provided by law, or whenever on duty or in uniform, no employee shall be prohibited from engaging, or be coerced or required to engage in, political activity. Section 10 Polygrrph Examination No member shall be compelled to submit to a polygraph examination against his/her will. No disciplinary action or other recrimination shall be taken against a member refusing to submit to a polygraph examination, nor shall any comment be entered anywhere in the investigator's notes or anywhere else that the member refused to take a polygraph examination, nor shall any testimony or evidence be admissible at a subsequent hearing, trial or proceeding, judicial or administrative, to the effect that the member refused to take a polygraph examination. Section 11 Financial Disclosure No member shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his/her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his/her family or household) unless such information is obtained or required under a state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his/her official duties, or is necessary for the employing agency to ascertain the desirability of assigning the member to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. Section 12 Locker Search No member shall have his/her locker, or other space for storage that may be assigned to him/her, searched except in the member's presence, or with his/her consent, or unless a valid search warrant has been obtained or where the member has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the City. Section 13 Use of City Resources The Association may be granted permission to use department facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be 13 Police Safety MOU obtained by the Association from the Chief or a designated representative. The Association shall be held fully responsible for any damages to and the security of any facility that is used by the Association. The department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards may be used for the following notices: A. Scheduled Association meetings, agenda and minutes; B. Information on Association elections and results; C. Information regarding Association special, recreational and related bulletins; D. Reports of official business of the Association including reports of committees or the Board of Directors; E. MOU, pay scales, job announcements, promotion lists, etc.; F. Such other items as may be approved by the department management upon request of the Association. Posted notices shall not be obscene or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Association and should have the prior written approval of the Chief or an authorized representative. Denial of approval shall not be arbitrary or capricious or discriminatory. Section 14 Employer-Employee Relations Committee Consistent with Section 5, the Association will designate five(5)representatives who will meet with representatives of Police Administration on a mutually agreeable basis to discuss matters pertinent to the welfare of the City and the employees. The Association may have additional representatives present when appropriate for the discussion of scheduled matters. Normally, such meetings shall be during regular working hours. ARTICLE III COMPENSATION Section 1 Salaries A. During the term of this MOU the monthly salaries of local safety members of the San Bernardino Police Department shall be fixed annually effective August 1st, in accordance with the City Charter, Article X, Section 186, as follows: 14 Police Safety MOU At the amount equal to the arithmetic average of the monthly salaries, paid or approved for payment to local safety members of like or most nearly comparable positions of ten (10) California cities with populations of between 100,000 and 250,000 as shown in the latest Annual Report of Financial Transactions of California Cities published by the State Controller. B. The ten (10)cities used for fixing the monthly salaries shall be those ten (10)cities remaining from an original and complete list of all California cities in the 100,000 to 250,000 population range based on the latest Annual Report of Financial Transactions of California Cities, published by the State Controller, after representatives of the City and the appropriate recognized employee organization have alternately struck the names of cities from the list one at a time until the names of ten (10) cities remain. The representatives to strike the first name from the list shall be determined by lot. C. In the event one or more of the ten (10) cities does not have one or more of the comparable position classifications, the monthly salary for the particular classification shall be computed as the arithmetic average of the next highest and next lowest comparable position classification of that City. D. The salaries paid in Step "A" shall be the same as the arithmetic average of the starting salaries of the comparable positions in the ten cities and the salaries paid in comparable positions in the ten cities. The salaries paid in steps "B," "C" and "D" shall be fixed at amounts which will cause the local safety members in the San Bernardino Police Department to advance from the starting steps to the maximum pay steps in approximately equal salary advances. E. New employees shall be hired at the "A" step of the established base salary range. Variable entrance steps may be established if justified by prior service or lateral transfer. Section 2 PERS-Retirement Plan A ` > > .; ......:: ..... .:.vi. .;.::v.:. ::'.Ji?}:::;:'.iv, .. .Y:f;i:ri:;?i:;i:;:;ii•%:-': <iSfti;k'h; :::it'r:ii;{:?:yi::i'{'f?iii{iiii i'i•..::y::i •:•• B. :;ro; tr ::P >to provide the "highest 12 month" ::.v... retirement formula. : ::::.;.:;:.;:.;:::::::::::::::: fQ:>.;.::..::..:..... ':...::..: '$<a Cbl3i 3'<$ >b "L.:'<:;flt�Tt ::a"th ; ac vi » 15 Police Safety MOU ............ ...................i::.ii::::Y:iiiY.i:^?i:^:i:::diii......... ...p:::.::i:.}Tv�.::.: :..�:.:�: :: ............................. + ltyvdlE,{#f►tt'dC tth P ►�?� 1 gfldF .;'; d :jlt> 3x1 ":.: r:....:....:......,. ...:.:.... ..:...::.....:._... :. .:.........:.....::. :;.;:.: : :.:;:,.::;'::::::::::::::::::,:>:.::.i:.>•:.:';.;::::,:.::::::...:...::is i:.;i:.i;-;i:•i -;..;;. ..�::::::.� .:.:.i:.:::::::•.,•:.,-:.,: letzxet„ ,fl 3a . :; ::.:::.;::::.: .......................... .... ? ::::::::::::.Y......:::::::::...::: ; Section 3 Overtime A. Poligy: It is the policy of the City to discourage overtime except when necessitated by abnormal or unanticipated work-load situations. The City has the right to require overtime to be worked as necessary. Consistent with this policy, the Chief will make every effort to assign overtime evenly among the employees with similar skills or assignments. B. Definition: Overtime is defined as all compensable hours in excess of the regularly scheduled work day, or 40 hours per week. All overtime shall be reported in increments of 15 minutes and is non-accumulative and non-payable when incurred in units of less than 15 minutes. C. Compensation: An employee who works overtime authorized by the department shall be compensated at time-and-a-half. Payment for overtime shall be made on the first regular payday following the pay period in which overtime is worked, unless overtime compensation cannot be computed until some later date, in which case overtime will be paid on the next regular payday after such computation can be made. The employee may decide that he/she be paid for the overtime or accumulate such overtime at time-and-a-half. Payment for unused accumulated overtime shall be made upon termination, retirement or paid to the survivor upon death of the employee. Such determination must be made at the time the employee submits the overtime slip. Accumulated overtime shall not exceed 480 hours. If an employee reaches 4 ours, she must accept pay for any overtime exceeding that maximum. :::::.ii.... }iii::: ::'.:::.::...i..Ji}ii i:.i:.iii:.i:.iii'::::is ..:::::::v:...............................................:�:::::::::::::::v v:.::::......... . ... ..... :.:....:. .i.''":: .:..;...:....iii:i:' :: ::::....:.. 'r._?--:.ix;..::v'i•:{:::.;'{;i'i::::ri.r;,, '.i::i'::::5:{:Y{:.. niv.i}G i}::.;1;}. ct ffw a sba be :................................:::.:::::::.:.:::.:::::..:: ...Qr.:.....:........... .::..:...jA..�..p..i::-....;:,... ,..:....:.i.Q..i......�..:}.�.}.:/.. ...: .>: :.;:'.:.::::.��::..::::.:.>'.�::.:::..:i':::::.r::::::::::<..:.i:.::;•:i;:i;:::.::•:.:.:.ii:-i;-i;.:.' ii:.i:;•:ii;•i: .>::.:::•.r:.::.:.:.i:-i' :�:-`: ) ':f?F::: :>:.W..1 V+:Y �Zl1Y.�r ST::.kV !?1kVn+::: :::f}:;tii ::::.::.:::::.....:.::::..::::<>..:_::::::.:.::::::::::::::::.:::.::::.. . ...........................................................................:....:.:::. fus . `..`...ttd foil l y.: .... ..:l�.::.i:.i:<. ................................................::::....::..::::.....................:.:::::....;.:._::::::.:::..:..::::.. ................ :> :. . . ..................'> ?Py .: ued Gtr wtr ::::::: ... .c ..:....: s€� € etr.:....... :....::�� de . .:::.::::::::.::::::::::::.:::...:::......�...�................ C�Rn.. r` . ........ ......... ;::ii ii::: .....;".::::.:.i:;.::.:>:;<; iii::..::.i:.>::.::.::.i:... ::.>:.:;.:: :".;:::.:....:..........:..............:.,,..:,..................::.....•.::::..::..: :::.:: ._:. .ens.. ..::. v Vic:> :> r> :> ucd:> ::>:d : Y.:.......: .........:::.:::.::::::.::::::.. are>td:> :; 1 ::hor .......:<> r » :> ::dedttc�t± e, : : :>::>. ::. . . . . . . ...... ,.:...,:........... ...........:...:................... ... . ................. :..:may ::;.i;iii::.i:.;il ecl sli i i::,::::....:::.ii:...: .........................:.:.:. .::.;.. .............. .......................... 16 Police Safety MOU Section 4 Assignment to Higher Position An employee of the department temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten consecutive working days, shall receive the same salary for the higher rank to which he/she would be entitled, were he/she promoted to that rank during the period in which the employee is acting in the higher rank. The Chief shall certify monthly as to the assignment and the period of time worked in the higher rank to validate entitlement to the higher salary. This article does not apply to a situation in which there is no vacant higher level position for which funds have been appropriated. Substantive addition of duties of a higher level classification to an employee's budgeted position should be considered for a classification study. Section 5 On Call/Call-Back/Standby ...::....... ::::::... :..::... ................ . :..;:.;;:.;;::::::::::.:.:::::::.;.:.::: T a w eat:> :::: e��re iiI.. .; ; :.>:.:.:::.::;.::>:::.:.; :..... . : : ,.. :::::..................................:..............::::.::::::::.::.: .::.:::::::..::.<.:::::::::::: Mves .e Mot:utter : :: . . :: ' .::::::;: ................�..:..:.::{:.... .. .. ....:.:::.:::.: . : .....................................:::::.:P .::. . .. ..::::: : :.: .... . :::......::...M.•::'11-111 :::::: •::::.:}::.......... 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''.K7 7�a�MV .........................................:..::.:::::..:::::.:::::;::..:::::::::::::::::.::..:::....,,,,,,::,.,..,...........:::::::::::::::::::::::..... ........ ........... :..:. .::::::::::::............... with the cif th± : sgas< v :.:.::::......:.:.:::: .:::::.::..::::....::::::...::::::::::.::..:::::::. ......:...................:::::::::::::.:::::::::::::::::.:......:.:..................:....:.::..::::::._:.:.:.: .:. . oF:ttxs : �ci> �> :> :ea€td .::::::::::: .:.... ........................................:::.::..... :::: ::::: :::.:................: IMUT.:.iil:::..:.:............... :•�.::..i<:L:::.:'._:.:'F,.:::i:.:.:::•' :::::.'.v:. :':::i:::i'i:?i;_;}:'i:<':j4::Y:}:.:n.•!:iX!.j ...................................................n......:...................x: heir ±Ee pne rs nth RY i 1 as :.:... yorla #me€ .......:s u1 : .:.Q . frdp ! e >°:::.:. .:..........:::.:::::.::..::::::v:,:.:::::::::::::::.................................... .......................:....:.:::::::::::::::::.::::::::::::::.:.::::::::.: ...::: •.gin...... .:.::.:..::.::•.v.v.:v:v.n:-::v:v:•v v. ::::iii}ii};::ii$...�� ...1YI:::. � ': '.: -.. ...jQ�1y ��} �'f��%.j�:. �:} .vv4•.y4}::::ice}}:::: Xil :uM lF::i:::::iii::; r:' JLi ii:..f.. ::�lC:r:�✓.{k ::Gf�... :.: ..... :................................................................ .;.: ;. ii};:.} iii;:.;:.:;;:;3.::::::::::::::::::::::::::::::::::::;: .::;::.: .:........ era . exec .. :< rs s ndb:::<: : ,. :.:: »: ::. . Y:•>;..... :... p ::::::::::::::::::::::::::::::::::::::..:::::: .:::::.:::.::.::::::::::::::::::::. ::. .:: .:::: o : ::..::. .:..x::: . :... :....:.: :I.I.. ::: ::::::::::.:.:::::::..::::::::::::::::::::::::::::::::::._::::3�`.:::::: : ...............:::.:::::::::. .:::::::::::<.::::::::: .....:........:..........::. ::: :::::::::.�::::::.:::::.�:::.::::::._:::::.�.::: ::::::.:�.:::�: ::.......................... . Y.r{i.i}J:�....i...::::. •.i}Y.}i::r:}:i•:.i:iiiiii} a II .: : QQQBi t1'd � It wbSlil .> � :v.:: :'}::}:i:: i:::::::;;:i:;}''::i:::vi}:i;::'':::.::ii:::;:i i:.i}!jii:'.i::i}i ?::i: iiiii::i'?ii::ii::i::i::i::ji::i::i::isY;:::...;•?isii::i'}"::i::i:::isiiii:tititii::ii::ii?r::i::n:i::iijj::::Y::::i::::}::::.j:Y}'.w.:::::. .: :.. ...:. <_ . -......:::..... ................................................................ 'N.... thrn 1db ::> ir °slut < ie< e:: ldcrti.: .: ... ...:;i >>i ::... :...:..:. ... .::.:::.........:....................... . , .............. :.::: .:._::: ...............:n.: .... :.:.:: :.:::::.::::.:>:.::::.}<..;::.}:.;....:::..}:.:�:.:�' :<f :: :c ... :> gill'::.:.:......:.......... .... „...;.: ....,.:.......:.....:.. :;... :._:: r ...........ice::.::....:.:.: ::::.:.:#.::._::::.::::::.:. .:::: � � 17 Police Safety MOU beiw tl lime t 'lh sura 17Q� Emplo will r+�t 1na111 :.:..:.;:>::.' <: 1 If an employee works graveyard shift and has an 8:00 AM court appearance, the employee will receive overtime pay for a minimum of one (1) hour. For all hours worked in excess of the one (1) hour, employees will receive overtime pay for actual time worked. In the event the employee is required to pay parking fees, the employee will be reimbursed. If employees are required to stay through noon recess, they will be paid for the actual time worked. Section 6 Educational Incentive All police officers shall be entitled to receive, in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below: A. One hundred dollars ($100)additional compensation per month shall be paid each police officer who has obtained a POST Intermediate Certificate; or, B. One hundred fifty dollars($150)additional base pay compensation per month shall be paid each police officer who has obtained a Peace Officer Standards Training (POST) Advanced Certificate; or, C. One hundred seventy-five dollars ($175)additional compensation per month shall be paid to each police office who has obtained POST Supervisory Certificate. Section 7 Court Fines The City shall pay for court fines imposed upon each member as a result of his/her conviction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member. 18 Police Safety MOU Section 8 Bilingual Each full-time employee who meets the City's certification and eligibility requirements shall be compensated at the rate of $50/month. The City shall reserve the right to determine languages for which testing will be conducted. ARTICLE IV FRINGE BENEFITS Section 1 Health/Life Insurance A. The City shall contribute monies toward health premiums for the employee plus one dependent, at the rate equivalent to the Kaiser South premium. In addition, the City will provide payment at the rate of the Mission Dental (Denticare) High Option plan, or its equivalent, for the employee and one dependent. The City's contribution will change to equal the cost in the Kaiser South premium and the Mission Dental (Denticare) High Option plan or its equivalent during the term of the MOU. :.;:.;;:.}:.}....:...:...............,.. ....::::::::.::.....:.:.::::.:::..:::::......?:......:.:::.:::::.::::.....::.ya equ .:: ` ffBtiY f� CIQ`; Il1SlItiYI tI $ i $ ti�F . :::.:::.::. :::::::::::::.:::.:::.::::. .::::.:::::::....... .....................................:::: .:::e.::: .:{fiat :': t ::> . :...:...................................................... :.....,...;...................................................,::::::...:.:?.}}:.;:.}.::::. :: # e1ES` € :: f € # dlE ��.. YI >IA :; :._.:::::::::::.:.::::::.:::::::::: :::.::.::..-:...........................:.:...::::::.:_:::::::::::::.:: .:::::::::::.::::::.: ..:.............d. : .....:...... :.:::::..:.::.;::..:..,.:::.:...:.:.:...:..::::.::......... ................. :::.:.:...:.::. :::.:. .............< ....... ... .... ......... .. ....w. v::.:�::: w:w;.:v:•}::::::.�::}y:.}:v:•:}...:.::}4::{.}v...:.:•kip:r'v i:i is??}•}:ii:�:^:•ii}i}}, for u�tt ; ,ever :a .... :> 1 ............................................................:::.:..............................................:.::.:.:: ..:::.:::::::::.:...............................:.: ... ...... ..... ..:....:..................................:..:....:.. :v:..v.......:.....j.. ::i:'f......}i: }:}:.. ::•,i .............::�................ ...... .:6:•tl:{:;?{nw?ip ryY.:{C"L:'?^:•}:i4\ A......t11 z 1'f�et...... :#lx;lt €11: ....,::::::,:._.:.;:..?.:;::_}::?.}'.:-?:;:<;}::.;:,?>:::?r::>: <:<::.. ::: ..:::...:: ;. ... :•; .............:�...........................:I ::... .......:: EkIEi .........:::::::::: :::::::::::::::::::::::::::::::::::::::::.:::::.::::::::::::::::::::•:.:::: t e:0 :.cOM- to>an:::��{Jcmt�rt.:. ty :.1Y!.::::11.( : :.::::::::::::.::::::::: .:::::::::::::::.:::::::::::::::::::::::::::::::::::::::.::::.......:.... :: "::::::. -::r::;,;}::::;::ii::;: ij::'__;i:; :}"is ?<:'<::....:...:..}:.._.:xv:;:i.i::::•i:i ::::::viy:::y'�.;:;?:;i:;;i''::?;::ii:!•'. .. ....... .}...1....... #or ur�t:»gym ... _ >uve. f. .. ................................................................................................................:..::.:.::.: ::.::?..... ............................................................................................. :... e{�Nta ........ ....... ....... ........ Any contribution not utilized by the employee shall revert to the City. B. Insurance benefits available for purchase by employees include: medical, dental, vision, life, and accidental death and dismemberment insurance. 19 Police Safety MOU C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A. D. Included in the contribution described in Section A, the City shall contribute a maximum of $16 per employee to be used exclusively for the purchase of medical insurance benefits. E. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B. F. Cafeteria monies may be redesignated or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee. G. The City shall provide each employee with $5,000 term life insurance. H. The City shall pay funeral expenses of up to $10,000 for a police officer killed in the line of duty. I. Enrollment in City insurance plans is subject to the regulations established by each plan's provider. Section 2 Wellness Programs Each member of the bargaining unit is eligible to participate in a City-sponsored program of quarterly cholesterol checks and dietary counseling. Up to ten (10) members of the bargaining unit may participate one time in a Stop Smoking Program at up to$200/person, with incentives for up to ten (10) smokers who quit for 6 months & 12 months. (6 months-one shift off with pay; 12 months - another shift off with pay) Section 3 Rain Gear/Utility Uniforms/Uniform Allowance A. Rain Gear: The City shall continue its current method to provide appropriate duty rain gear for personnel. B. Utility Uniforms: Each employee of the bargaining unit shall be furnished one utility uniform. Said uniform shall be maintained in assigned lockers or in the vehicle, available for use at all times. 20 Police Safety MOU C. Uniform Allowance: Once each fiscal year, each employee in the bargaining unit shall receive an annual uniform allowance of$500, to be paid in a lump sum amount during the first pay period of March. • Y•}i::Oi;•+>tyi:0?:Ri:i:Cf.{ij^ .\;?;{•:{ :.............................P .: .:.::.::.::..:. t►.; ve.:: Section 4 Books and Tuition Allowance The City will continue, under its formalized procedures, to pay tuition costs for members who complete prior-approved,job-related courses of instruction which will increase their value to the City. Grades must be consistent with the City's Affirmative Action Policy. Courses must be en at an accredited school. 'Ti3ttf' itl ' "" "'R s1 :: . rub...;fA ; x 5 untl s peg:::<p as:.: aged :fie:> .:. ::::::::.:::::::::: ::::.::::::.: .::::.::.:::::::::::::::::::.:....:::...::: .::.::: .: .: ..... The Director of Personnel will recommend approval or disapproval, based on the availability of budgeted funds for tuition assistance. Reimbursement for books required for the approved course or courses may be authorized provided such books are tendered to the Chief at the time reimbursement for tuition is requested. Section 5 Deferred Compensation The City shall continue to sponsor a deferred Compensation Plan which shall be available to employees on a voluntary basis. Unspent "cafeteria" contributions may not be diverted into a deferred compensation or like plan. Section 6 Safety Equipment A. New employees who are required to have safety equipment, will be furnished same on a one-time basis including safety equipment hardware, leather and safety vests. B. The City shall furnish regularly-assigned motorcycle officers the following items as initial issue: (1) safety helmet; (1)pair boots; (2)pair of riding breeches, which are declared to be necessary for the safety of the officer as specified under Labor Code Section 6401 and Government Code Section 5008.1 21 Police Safety MOU C. Replacements will be issued upon return of worn-out items. It shall be the duty of each employee to use normal diligence in their use and any willful damage or loss shall obligate the employee to replace the item at his/her expense. Upon reassignment or separation from the department, these items shall be returned to the City. The City Director of Finance shall have direct control over the purchase, issue and replacement of the above described items. The Chief shall certify, in writing, to the Director of Finance as to an individual's entitlement. Section 7 Replacing/Repairing Personal ProMM The City shall continue to provide for the cost of replacing or repairing personal property, of an employee, which is lost or damaged in the performance of duty, as provided in Department Director Letter (DDL) No. 33, dated April 17, 1989, and revised September 21, 1992. Section 8 Service Pins Employees of the City of San Bernardino shall be awarded service pins upon completion of each of the following period of years of continuous loyal service: 5 Years 10 Years 15 Years 20 Years 25 Years & Over Years of service shall be deemed to include all continuous loyal employment for the City of San Bernardino. Award of service pins for the above designated service shall be made as soon as may be practicable after the employee has completed the required period of employment. Service pins shall be of such design as approved by the Mayor and Common Council of the City of San Bernardino and shall show the number of years of service for which the award is made and the City seal of the City of San Bernardino. 22 Police Safety MOU ARTICLE V LEAVES Section 1 Vacations ...... : ......... : :: : :::: .....::.a..w.Y\:?:>::}.•.:;•i.i.:i.:}kE..3.:.. .. .k... .....I: •:iC{i a r: nt,.. .:......:{N:�•hin ,.OUR :'ii;:<;ii::.:::......................{:...::.:�::,:?:.iii y:.i:...:.:i:'i •.f:,v.:,,,i:.}::•i;•........i....... ?•;}:?:•:Fr `A. . ,\,.:}•.+:•"';'.i:.:::;:i:•:;::� :::.>-::::>.:::?:••i........:riff::.ch:....:,.::•:t....h?{f;....}:.E.:.:•i:•:•:".,v<:3::::;:;;"?:::>.::::::t•<•::�r••:{�:.,.. _ sJ.cih'{•i. i}}:.:;:x?.iiyi}:::;:.i: •. ..a.,r+ a:� ' t ••++.1'�i:-0ivv:':yii:?:6:viiii::n:•}:4iii}i}iii:.}:•i:•}:G:??-iiil--:}:v:•�:: fy .}h4\}1+}}iiiiii}}:•}:??4:4i}i}}iii+} i:v�:v:iJi:vi:iii;�ii;;$}:vii}::}i:•}}}}i;• ::.:{.}:: •:t:i4�� :vi}:{.�1•: '�} v: f i:� liFli:•: •.:Stit.r .:v, ::::w:::::::.:.:.::::.::.v::::v:.v::::::::::•:: i}' .:...t:•,v:::..:...v...v. ..:.. -.tv'!•}}}}i:.x:::.ii i:J:?4:?•i'�' ,C;{y', .i:; :':J:::i.{i•+h\.ii:::.v.. h 'vvi::::::•.n :':' :•;o/...:. {:::}..\•.+,�..v.;:;}+'-;VY�r•::.5,.'ti?;.:ir': '}:ti?iii:i i:i::::'?:'::'::•i : :::::::::::::i::::::::::::::�::';:i;:;;g:i:;i:;;i�:i:-...:. ...h.iti:,•:::::?.::.i:.::•i:•::;:;?.ii /♦�;�■•::. �:.i}v::::•.v.i ii::::::::::::::::isi:::i.}:•ii}:•iiii::iiiii}ii:•ii::ii ��:....-,,�..,�,.,,.,,.'�4i:<:::•iiti•}:?':?•i:•iiiiiiiii:??.ii}}ii:};: ,,1T`I., .}:. .:::v....{.:is?::.::::.v:::::.�::::::•::::::::::::.:::.v:::::: h:F.}i:?:•ivv.i•i.ii iv i::i}i::i}:J't .:4.•.?•. .?. .:.:..�;.:.:'.i::::.�:::::::::::::::::::::::::::::::::::.:vn.•.:.:.iii:;:: .. .. /!.•'\?}.3:}::{.:{•ii}:?.,;i;:iiiiiii::ii:'i::i::<?;v::.}�/..ii�':i:•:?y:;:i}n.:.. :'�!9`":-:':' ::::::nisi:: ::::::::�:i::i:::>:: �:i:::r ................ ........x..... �.:':i::i?iii:vvv.�.�.��?:::_'}:vi;S:;i::i:;Y.•..i,:;;:i;:: ;i?is�:.'?::}:::::::::i?}:•:�::.�•�•:�..�f�-::::ii::ii'it-:v-:+.::i:i:v��ii:•i�'if:'.:i:ii}'ri}::iii:�::ii�•::ii}:. -::::.::: :::.::::::............{JJF:i.4i}:4}iii;•}};v:i::{4r:$ .::::":;:•i\4T:%:iY}i:vi::�::iji:yii ii':iiiii i'ri"4iiiiiiiiiii}ii'":•i"i;':Ji"'?}}'.._.ii"pv:::::-....:::::::.:v.-:n-.v.:.w.:..,v::v:::mv: :�. .:v.:....... .. ... . .:.. :.....:. .......A..:...:::.....::1....1.C.. x.•:::::::::::::.viw:{:::f: .}' n•.Y}?4•:iry:�:•:?Nr�'S}T.,fri}ij•i::n f i TC:OCi)l .;:Y::-i:.i:-i:.iii:.i:.i:.i:;•i::-is??i-: i:i::;�:: :-.:::.+....:�::::::::.:.... ...............t..........:.t:::?:.�i:-i:-i:-x.;•ii:•.•i:•ii:{•.:i:;.i:.i:-i:-i:;.::•i;•i:ii;{?}+ /,( ,y ...........:.. ...........?::.:::.:.::.:::vw.::::: .:4:Y' .ii.1:v}}:Oi::M?n:•i :. y.:�rl:.:vin:•.;:;x<ii}.}::i•�1,C+, T' 0<'t?'aCeltl��1 .... ..... :::: >�..:.:.::..:..: ::::::::.�:;.i:<.:;::: .::: ,: i;:.iii::::,• i:} J: �. �. :i-.: B. When an employee resigns or otherwise leaves the service of the City and has not used his earned vacation since his last anniversary date, payment shall be made to the employee for the earned portion of his vacation. Calculation of payment for earned vacation, or deduction for unearned vacation upon termination, shall be made in accordance with the wage rate in effect on the final day of employment. C. When an employee returns to work after a break in "continuous service," and when such break in continuous service shall have been by leave of absence with the approval of the Mayor and Common Council, vacation time shall not accrue during such break in continuous service but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. D. Whenever the terms "year or years of employment" appear herein, it shall be deemed to include all services for the City of San Bernardino. E. Vacation leave may be taken any time during the year in which it is accrued. However, if an employee leaves City service prior to the completion of the year in which he/she used such leave, a deduction will be made from such employee's final paycheck for the unearned portion of such vacation. F. Vacation credits may accrue and accumulate for a maximum of two(2)years total accumulated vacation credits on a carry over basis from year to year. Vacations or portions 23 Police Safety MOU thereof from any one year so accrued may run consecutively with vacations or portions thereof of the next succeeding year, subject to the approval of the Chief. G. Compensation for vacation, other than for earned vacation at the time of termination of employment, shall be limited to the amount normally earned during regularly assigned working time. H. Employees shall not be permitted to work in their City position in lieu of taking vacations in order to receive additional compensation from the City. I. Once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their vacation and holidays to the City. The Police Chief will approve or disapprove a member's request for sell-back. An eligible employee shall notify the City by August 1st of his/her request for sell-back, for the prior fiscal year ending June 30th. Section 2 Holiday .:......: .. New Year's Day Memorial Day Independence Day Labor Day Veterans' Day (November 11) Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year's Eve dclt�c� al><< Q>:ems>s .:: >..:.. . . :: : ..::....:....:;.,.. . ::.:::._.::::::v: : ::x:•:.:..:::::: ::........................................:......:..:..:::::.::::::::..::::::::::::..: :::::::::::::::::.::::...:::.._:.:.::..:....... ......................... ::. :.::::::::.::::::.:::. ::::... ::::...�: .....::..:::::::::::::::w:: om.:::::..::•:w :. ::.:..:.-::..:..n:...::.:::::::v:::: ::v::.�:::�1..::.. ....:........... ...:.:..:t..: .:...i::..i:.. .. . ..i..:::....+: `::....: .......:::..:..:.::.::.:... :.1'L.:.:::':.�...ii'::::::{::..::ni'.i'::.i':y:::;:::: :.i'.::::i'.>':::{: ::•:•�_::W. :::: .::::::(.:: .:::::::::: :: .:.::::..:..:........... :. .:: . ::::::::::::: ::.:: serer # m' of# ............;be>e ::::.Y: ::. EY.:::.:::.: :::::::.:.:::::Y..:.:..:................................. ...........:....................:.::::.:::::: .:::::::................ ............... € 0 B. The Chief shall consider any request of any employee as to preference for taking floating holidays, provided however, the final right to allot the day to be observed is exclusively reserved to the Chief. ..............:::::.::.. ..; ...........................................................:::::.:.:::::::::::::::::::::::.......:n..:.,.:.::::..............::::::.v.:.;:;::..:..:..::: ::v:.:.:k:::::::..:<.:«.•:�. ................ ... .. :....:.;:.:.;:;:.:.:.:.;:.:.:<.:::.;:.: ....:...:...:.:.::. "::::: ,:::::::::..:..:::..:.::.;:.:.::::._: .. :....... .............: :. :e.: :._Q .:.:.:..:..:....: ..: ..e .... .... ..c .. a ...... ... A.... �X; .............. ::.:::::..:..... :::::.....::.....:.::::::... :,...:.:........... 24 Police Safety MOU fofit?tiYiilb':pang , sal b allouecl t11 a6ov holida `;`a `' uli :>'::::<.;:<::::::: :..::..:::::::: ...:....::..':.may..,._':: wain lufat•assignedvorg period,povzd+ € e e a paths dttn any pairb € of ..wkngnYnatey prtlin...: :. �. a�''"v::� :.:';k;i:Jii:r:iv:j!ji i'i..:':ri:"h!iii:'�}?j?i>.::i•?'.: }::.:i:i... ,.:.'[::!}'fsii::i:.'J.:.i'ii;.i' i::::::::LC:{V}'v: cr;<en:;: :: !ar eaE . s taste € >> :: $ ::Ili:' ...:>. :.:.,..: Ili�tfs.........:: .�. .... ;>aeL1� .:;...............;; -:....:::::.............. D. In the event of the employees failure to take such holiday account hours during the term of this MOU, the employee shall be paid for his/her holiday account balance, upon separation from the City. E. Holidays as listed above shall be allowed on Monday, if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if any such holiday falls on Saturday, for all employees except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holidays eves will be observed on Mondays and Tuesdays. F. Holidays earned in any 12-month period are not accumulative beyond the total number of holidays allowed each year. Section 3 Sick v A. Sick leave means absence from duty of an officer or employee because of illness or injury, exposure to contagious disease, attendance upon a member of his immediate family who is seriously ill or requires the care or attendance of an officer or employee, or death in the immediate family of the officer or employee. Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; mother-in-law; father- in-law; sister-in-law; brother-in-law; son-in-law; or, daughter-in-law. B. Not more than ffl" of sick leave within any calendar year may be granted to an officer or employee for the care of or attendance upon members of his immediate family. Not more than € rs of sick leave may be granted to an officer or employee for each absence due to death of a member of his immediate family as defined above. C. No absence due to illness or injury in excess of shall be approved except after the presentation of satisfactory evidence of illness or injury; and a certificate from a practicing physician or an authorized practicing chiropractor approved by the Mayor and Common Council may be required by the Chief and shall be subject to his approval concerning said absence. The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by the County health officer or other designated physician, and in the event of an adverse report, to reject such claim for sick leave, in whole or in part, and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after 25 Police Safety MOU notification, the Mayor and Common Council may terminate sick leave compensation and reject any claim therefor. The Mayor and Common Council shall have the right to require the presentation of a certificate from a practicing physician or the County health officer stating that an officer or employee is physically or psychologically able to perform his work and duties satisfactorily before permitting an officer or employee who has been on sick leave to return to work. D. In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior or the station commander prior to the time set for beginning his daily duties, or as may be specified by the Chief. When the absence is for more than one work day, the employee may be required to file a physician's certificate or a personal affidavit with the Director of Personnel stating the cause of the absence. E. Sick leave with pay shall be granted to all regular employees. Sick leave shall not be considered as a right which an employee may use at his discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. F. Whenever an employee is compensated hereunder for sick leave and has not had a vacation at the end of the current calendar year, he shall be allowed to take his vacation in the calendar year he returns to duty. G. Whenever the term "service of City" appears herein, it shall be deemed to include all service of the City of San Bernardino. H. All full-time officers and employees of the City who are actively on duty, have been in the service of said City for six (6) months or more continuously, and who are compelled to be absent from their work on account of illness or injury, other than that which is compensabee under Article V, Section 5, Injury Leave, of this MOU shall receive their full salary, wages, or compensation for a period of one (1) day for each month of continuous service; provided that such salary, wages, or compensation shall cease upon the exhaustion of all accumulated sick leave. I. Sick leave may be accumulated without limit and time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave shall not accumulate during periods of leave of absence without pay. J. The pi( of sick leave granted after six (6) calendar months of continuous service as herein provided for all full-time employees shall be computed at the rate of approximately hours per pay period. In the event that an employee works less than 50% of the total normal work hours in the pay period, he shall receive no sick leave benefit for such pay period and shall not be credited with the 0 hours of sick leave. 26 Police Safety MOU K. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only. I Section 4 Payment for Unused Sick Leave A. All permanent employees or the estate of any such deceased employee who dies during employment shall be entitled to receive payment for unused sick leave, subject to the restrictions and conditions as set forth below. B. Employees or the estate of any such deceased employee who dies during employment, after the completion of five (5) years of continuous full-time employment with the City, upon retirement, death or termination of employment, except through dismissal or resignation with prejudice, shall receive compensation of 50% of accumulated, unused sick leave, provided that in no event shall such compensation exceed 480 hours of such leave. C. For the purpose of this section, the "retirement" shall have the meaning ascribed to it and the definition therefore as set forth in Section 20035 of the Government Code. D. Each fiscal year, an employee may elect to receive payment in lieu of accrued sick leave, provided such employee has used MW or less of sick leave during the fiscal year ending June 30th. An eligible employee shall notify the City by August 1st of his/her desire to receive such payment. The City shall compensate eligible employees no later than December 1st. An employee receiving such pay shall receive, at the then current salary rate, pay for one-fourth (1/4) of the number of hours of sick leave accrued, less those hours used for the fiscal year period. The employee's accrued sick leave shall be reduced by the number of sick leave hours for which pay is provided. Section 5 Injury Leave Employees will have a choice of doctor and hospital on work related injury, in accordance with existing State Labor Code. The parties understand that Association may submit the issue of the applicability of Y California Government Code Section 45010 as it pertains to City Resolution No. 6433, Section 6, for determination by way of an action for declaratory judgment to be filed in the San Bernardino County Superior Court. The City does not waive its defense that this issue has been 27 Police Safety MOU decided in favor of the City by a binding decision of the Court of Appeal, nor does the City hereunder agree to pay any costs or expenses of the litigation. When injury is sustained in the course and scope of employment with the City, said employee shall be compensated under the provisions of the Workers' Compensation Insurance and Safety Act of California and not under the provisions of the MOU; provided that he/she shall be reimbursed pursuant to the provisions of California Labor Code Section 4850 during the first 365 days of disability, provided further that these payments may be terminated pursuant to the provisions of California Government Code Section 21023.6. Employees who are receiving payments under Labor Code Section 4850 shall accrue vacation, sick leave and holiday credits during such absence from duty. When employees are off duty on injury leave and have not had a vacation at the end of the current year, they shall be allowed to take this vacation in the calendar year they return to duty. Section 6 Leave of Absence Without Pay A. Leave of absence without pay is a temporary non-pay status and absence from duty granted at the request of the employee. Leave of absence without pay may be granted by the Mayor and Common Council for a period not to exceed six (6) months, upon the positive recommendation of the Chief and the City Administrator. Under justifiable conditions, said leave may be extended by the Mayor and Common Council for additional periods. A leave of absence without pay will be considered favorably if it is to be expected that the employee will return to duty and that at least one of the following benefits will result: increased job ability, protection or improvement of the employee's health, retention of a desirable employee, or furtherance of a program in the interest to the City. Examples or conditions for which a leave of absence without pay may be granted are: 1. For an employee who is a disabled veteran requiring medical treatment. 2. For an employee who is temporarily mentally or physically unable to perform his duties. 3. For an employee who files for or assumes elected office. 4. For maternity or paternity leave,upon the recommendation of the attending physician. 5. For military leave when the employee has less than one (1) year of service to qualify for leave with pay. An approved leave of absence without pay for less than 60 days in any calendar year will not be considered a break in service. Leave in excess of 60 days shall result in the advancement of the employee's anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to return to duty at the expiration of the approved leave of absence without pay shall constitute an automatic 28 Police Safety MOU resignation. B. The City's contribution towards an employee's health and life insurance premiums will not be extended beyond the last day of the month in which the absence without pay begins if the leave of absence without pay becomes effective during the first 15 days of the month nor beyond the last day of the next succeeding month if the leave of absence without pay becomes effective after the 15th day of the month, unless the employee is returned to work from leave of absence without pay status prior to the date the City's contribution would be discontinued. In the event the employee desires to maintain full health and life insurance coverage while on leave of absence without pay status, he may arrange to pay the insurance premiums for the coverage desired (both the employee and the employer portions). It is the responsibility of the employee to contact the payroll section in this regard. The payment of the amount of the premiums must be made to the payroll section prior to the date on which the City's participation will terminate. Payments must be made monthly thereafter until the employee either returns to work or his employment with the City is terminated. C. Upon an employee's return to work, the City's contribution towards the employee's health and life insurance premiums will begin on the first day of the month following the end of the leave of absence without pay if that leave of absence without pay terminates between the 1 st and 15th days of the month, or on the 1 st day of the next succeeding month if the leave of absence without pay terminates after the 15th day of the month. D. Notwithstanding any other provision of this section to the contrary, the City will continue its contribution for health and life insurance premiums of an employee on leave of absence due to any injury or illness arising out of and in the course of his or her employment with the City. >; :'.;:.::.::.:::.,.:..::.::.:.,.:....; . .. ...:.: ...:::.: ..::::::::..::::::.:::.................................... . ::.. a .:. ..# :.::# .;:.alte :::::::.:...:.:..:::...................... ................:::::::::::::..::::::::._:...................:.::......................................... :...........................................................: .. .... .h..... .. ............. :::::::.................................................:.............;;.;.......;.....;.::.;... ..... .. ......... .. ....... v:::. :::::::::::::..:.:. :::::::: 8: :.:...•.:,:-i; -.�::::...::::::::::::::::::::: .y:., ., .. ':i i:: ._._..._L7:v:•:;r.:.: v:..::y..��vy:yn�.::�iy:�:r:;::.}v::n}':.:•}•:?..}:}' :.�.y(y{{::i�:,ii;?i•?.:i- M Ji T� t-. T. *:: YJlAV1LY +wWiL�;. Wli1Y }- Section 7 Military Leave A. An employee who shall enter the Armed forces of the United States during war or national emergency, as declared by the President or the Congress of the United States, shall be entitled to a leave of absence without pay during such service and for a period of 90 days thereafter. Every such employee and/or officer returning to the City within the time herein specified, and who has been honorably discharged from such service shall be reinstated without loss of status or seniority, provided they are not physically or mentally incapacitated from performing the duties of said office or position. B. Compensation of employees on temporary military leave of absence is found in Military & Veterans Code Section 395.01 which currently provides in part as follows: 29 Police Safety MOU "Any public employee who is on temporary military leave of absence and who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his salary or compensation as such public employee for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in any one fiscal year. For the purposes of this section, in determining the one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service." C. All persons appointed to fill such position during war or such national emergency, shall be temporary appointees only. D. In the event of circumstances which require reserve "call-up," the City will meet and confer with the POA over the impact of the call-up on unit members. ARTICLE VI WORKING CONDITIONS Section 1 ............... Schedules The standard work day represents the tour of duty for which an employee is regularly scheduled for work during a 24-hour period commencing from the start of the employee's assigned shift. A regularly scheduled tour of duty which commences before midnight and ends the following day shall be reported for payroll purposes as time worked for the day in which the tour of duty began. pik s et riles s ..... 1 x RCep :> �':::ii:::i:L:v:: .....:..:..:::::..:::i:::i..•.i i'..:+?�S::C<�"j;`: "i i:T ,..}:::�:'-':ii?iiiJiiii:":iii:i::'�ii:Ci:�5:::�-:i:!.}TT"?}} -'-'iiiTY:i}}T}:�"^TT'•:�}}T}....Ti}TTY:"OUR:titir..h'q}TT q c�rk::5eedtte :: :: 1 :: t? ' ::: :> <;: € ::: f> ; :.:.� _::::':....:::::�.��::�::�4}_�...y.}i'�:::::.: :i :.::.:. .:::•:�:. •�. �:v: v.; ::•.: 'i i}iSi'�v G;?ii}}:•:r'�}}:....n.. week:::coi .<:: v�:::.:> ;:•�':>:� ' �::.:' ::, b ;;>�d��':::.%R.�1u�•.� :< ->: _:::; 1 ::>::::»><::<:::>' .: : vclsc� d :s1��::r�as�€ { <:. ..:::........:::::.}:::........ }:vV'.ti^:�}}}}:-Y.�}i}}T:C}S•}YS.:?:.uyL:.;n.....:. x4:s:v.:... ::::::::.�::.v.::. .......:nom:::::::::::::::..:......... ... .....::::::::•w:::::::::......n.:::::::n.-v:::::::.-.........:w:.n..:::.i:.:.:::::v::::::.:v• ...:.r ...................:::4};}:i^".i;;::...................::::v:::::::::::�: .. v:..�: ...........v......... .nS•.v::r.:.. ... ........ u ... ...hamIN!, : . : ::. ::::::::::.::::::::::.::.::::.::::. ::.:....................::. . . . any, i'>::>>::: «<:: .. Rim :..:�.;...,. {•i%M::S:}}...•}}}}:.};??.}v}};:•{n::}:•}}}::X i."k?SG'{iCS?}f:'fii:?i11,.,v':: ::.::::::lF:::.%•:::::..:_:.: .: :::.�::::: .:::::.::::::::: :.:.:::::::::::::.v:::::...:::::.::::::::::::::::::::: ::r.:•.�.r•:::•::::: ::::r.•::::f^}}}xk?'.'SiT i::ii}:t1:?{.}i ::v}:.v.}:f?.Y::•:�::::}}' wee 6f :.< >. : rook :s ............. .:..::..:::...:::.:. ::. :::::::::.._ .::::: ::..::::::::::._::.:::::::::::::::. :::. :.::::::.:::::.::::::::.:::.._.::::.:. ::::. ....::....: ................:::......... .. l :........._::.: ::....:.:....:::.:......:...,......::::.:::.:.:::.::.......:.::.:.....................:.....::..,:.�...:..:. :.: .::::......... . ........ ... . ..r' ....................... :...........: QWX ............................................. ... ...... ..... .................................. 30 Police Safety MOU V� ;;:: :;:a;;:;::>"'i;_i:;.....:.......... .:.....•:, +i:.:,n:i:n:n:ai•:•oss::'>::- ::-:>:->:.;:::;:::.:.,.:.::::::..:.,:,,:.:::::.:......................... of bpe atu�m iri the atrt�l lvlSld 1, it.;sh titluts: t t ; ':,,%<::::.:;:<':<; ,...,, >, j.................................... ................................... ..............v..,:....•-::v:;...... .::::::;.••:};;..:::.:......Y�i:•(Y.i:.:�}:•;}i:?•ii\\� :^:f:i?^ii})}i:?n:?Chii}}}v Axv`. Yii}:•i Vii': :n:�?!?;%'f,.Sn'- •S?1.+.i••:p•.�:::.::t :::::::::::.�:. � .i::�: � ,.,.:.:� .. i:-:.?iii ti}\\ :h'::•:1:•\ . ................:.:.:::::::::.: ::?.;:.i: ,:,:::::::::::,..,,.w;.:-:-:;.i'.;::.:;.::.;:.i:.i:;:.:".;:;.i:.:;.::..:::;::.;.;:.ii:.;:.;::::„;::iiii•.>�.::.;;:.;;•r. ::......wt,?..::.:.::::.:.::... . R,....�..t: ..... ...:..:.:....:: :..::..i::.i..:..;-..:-..:.;.>.. ...:.ii:-i :.<::;.i:.is4:•s:;+.:::::::::>::s: :< . ••<: i::::>::;;+?>::>f•/fi�..t..:........ e ; CO" iiiiii:vii:�:::•.�i........... ..... �.�::.............................. ....................... .................:4i..........,t..:.v;:::.iii:;•:iii }:i..:.... ...... ................... ...... wn,vr w:^:•i ,+.r.%?n::v:...:: >,.'f.•:Y.+':•ii. ................................ :.;>:.:.::;.;•:.�?::.::a::-:.,.. Ati iii:t:;:Cv:;'i}:;:?n•{Tf-;n:v:t`i:h:?f�'%S�%!l - ?"n+F .i ii?iiii:!"Y.:.K-?i?iiiii::•;:.� .::....... ............ ....................... .... .....r.........lr..,r h.; �•: ... :.Y:.:::::K ::. ::::.:::.::..::.::v::.;.:::.:.;.:::;?:::. ;:.:_::::'v; :?:f.: :�.ii..tF•. t.t Sr!?rf.•:;:n:jJv:- ��'1�� ^�►�f?;: ¢ M�tAIMiNIVi.is7.: a.FF:. -- . i:. '..:.�:.y::.:.::;'.:i.::._.. :•::;...: :..:.::..::::.::..:::.:.::::::...:.::.::::::::..:. ? �.:....:.....; ! € >:>w�t1#€>l €... meet >::::the:> 51 '.. ::::::::::: :. :::::: ::::::.::: ..:.:: 11J . .;:. . :::::::.::::.�:.�::::::.:::::::::::::::::::::::.............................................-..:.:::._:.�::::.�::.:::::::::::::::::::.,:.::::.:.�.-:::::::::::::::x:::::::::r::::::.:.ii:i:•:i::�:r SSO'f.•iii:�:S:i:•%tt�\\A\tiJi}:,4\1 Section 2 Shift Change Subject to authorization of the Chief, Assistant Chief, Captain, Area Commander or Station Commander, employees in the Unit should be allowed to exchange time with other employees of equal rank on the following basis: A. Time exchanged shall be with equal rank and be agreeable with both parties and shall be requested in a memo signed by both employees. B. The time exchange requested shall be initiated with the immediate supervisor of the employee requesting the exchange. C. Time exchanged may be by one standard workday or by a half (1/2) standard workday. D. Time exchanged shall be repaid by one standard workday or by a half (1/2) standard workday, within a seven (7)-day period. E. Since this is done for the convenience of the employee, in no case shall a shift exchange or repayment of a shift exchange be considered in computation of overtime. Section 3 Probationary Period The probationary period for positions in this Unit shall be 12 months from the date of hire. 31 Police Safety MOU Section 4 ni ri Seniority is herein defined to be an employee's length of service, with no break in service, within the Police Department and/or classification in which the employee is presently assigned. The department may consider seniority in vacation scheduling, shift assignments and transfers within classification. Section 5 Re-Employment An employee who has terminated City employment, and who is subsequently rehired in the same classification in a regular position within a 90-day period, may receive restoration of salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as of the date of rehire. Section 6 Physical Examinations The City shall pay medical fees for the physical examination of any police officer when such examination is required and directed by the City. ARTICLE VII GENERAL PROVISIONS Section 1 Waiver Clause The City and the Association for the life of the MOU, each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU. Section 2 Severability If any provision of this MOU is held by the proper legislative or judicial authority to be unlawful, unenforceable, unconstitutional, or not in accordance with applicable statutes or not applicable to Charter cities, all other provisions of the MOU shall remain in full force and effect for the duration of this MOU. If there is any conflict between the provisions of this MOU and the provisions of federal, state or local government regulations, the provisions of the federal, 32 Police Safety MOU state or local government regulations shall be controlling. Upon the issuance of a decision declaring any article, section or portion of this MOU to be unlawful, unenforceable, unconstitutional or not applicable to Charter cities, the parties agree to meet and confer immediately concerning only those articles, sections and portions. Section 3 Printing of Memorandum of Understanding The City and the Association will share the cost of printing of the MOU. Section 4 Term of Memorandum of Understanding :Y:.x.:.. : .... ::. .:...,_w...::;.. ::.: .,::; ....::' ';`•:;•,-:::.r..r-::::•' :::k;£:::i:;:�;: .i;;;»aaF1Y//f:i:;-;:'.: . ..-..,:: :o��•.;. X315:::: : .....................:::..:.. : .: ct;: cr.:# .:: vd>'` r Section 5 Notice of Intent to Reopgn The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, notice shall be given to the other not later than the last worldng day of July 1998, that such discussions are desired. Such notice shall request a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party- Section 6 Prevailing Benefits All benefits, privileges, and worldng conditions authorized for the employees at the present time, which are not included in this MOU shall remain in full force during the term of this MOU unless changed by mutual consent. 33 Police Safety MOU SIGNATURE PAGE Mayor Tom Minor President City of San Bernardino San Bernardino Police Officers' Association City's Designated Representative Attest: City Clerk MOUTOUCE.SAFErY.MOU.1.F 1/20/95 dmm 34 Police Safety MOU C l l r p 1 EXHIBIT 1 • n ]Bernardino January !1, i!!= U rre Mat Acau" Castle • 21'atlsa - 28991 ftV* Street, Suite 201 sa�scula, A 92590 Dear 341 TQIl20d �D[80R8�! - ' This letter follars-up on our negotiations on the police S&f tl mPloYeas• Memorandum of IInderstandilg (ft" We to budget cutbacks, the Personnel De rtment does not have sufficient budgeted funds for tuition re=mit for the rs"10 69 of Fiscal Year 1991-92. i am tLetelbr+a cc"ira"4 that the POA rill vaiw City-pal reimbitrse�ot for tuition and books for the period January 1. to Jv" 208 1!!2. • This does not affect WT POA member who enrolled io classes last sessster or last quarter. it =10:ffects am applications for tuition r�iaburse�ent for the indicated. Tbaak IN boar Yaw coopention on this matter. Sincerely, Directas of Persouni - cc: Vmia Clark, City Administrator • :side Wilder, Personnel Assistant stm Filson, President, Pok City Team Members PRIDE i/2a/l2.ra�► s • • t � - s • . � � . : . . • NY PwGSS ' i r i C I T Y 0 i 8 E R N A R D I N_O• .':.EXHIBIT 2 Interoffice ce Me random TO: Barbara Dillon, personnel Director FROM= James F. Farman, City Attorney - SUBJM: INDEMNIFICATION OF POLICS O"ICnS MR. PVNITIVS DAMAO= SOUGHT = LAMSVI" DATtt December 17, 1991 cc: City Administrator, Chief of Police, l.O.A. California Governfent Coda section 925(a) does not authorize • public entity to Day punitive damages unless certain . pi findings are wade on a case by case basis. This must be ifo before punitive damages way be seems" and before an Individual • employee way be indemnified for such an award (Gowen went Code S815(4) and (b) (1)0 (b) (2) and (b) (,))• Since June 1, 1987, when I became Cite Attorney, waay . police officers and other City employees have been indemnified by the City Council for punitive damages. During this period of time, we have . indemnification and the Council has approved the same I& awry case submitted. For a variety of reasons, some decisions were not wade as quickly as all would haw preferred, but most we" routinaiy approved and all were uitiwately, apparoved. • - IWIG state law, as cited above --_ findings, thus Dwevwting an agreement to us to make Cam by Qase agreems�at to aytomatioally indemni nay group as a wattar of policy, the establishment of a � to evaluate and report to the employee an the status of US/!ser, request for indemnification also on a case by case basis, la appropriate. being served with any lawsuit is a frighten.109 meperience for most people. A lawsuit seeking punitive damages CIVE as individual is even ware threateoieg. Nven if the employee sesved believes that thm is no legal basis for the suit, that ww&z that thrOm 0=6 e =end is 11ka to� uke he or se up � •lodgat aa iainstt t ewplogee, loos -of his/her home attad�msnt o[ •apes, etc. This has never happened since 1 haV4 been City AtboeftV and I find no record im the last two decades (which is as for back as our in-house reoor,ds go) of nay City employee being assessed punitive damages in a Job-related lawsuit. X neftless, the threat is still there and the thought that •tbare•s always a first time• can be a constant worry to as employee/defendant in a civil lawsuit. i DARBAM DILLON December 17, 1991 No i • QIRBCTOR 9 I believe it is in the best interest of the City, as well as the employ", to investigate lawsuits filed as expedientl as possible to detereine if the employee/defendant was acting in t� course end SOP$ of her/his employment at the time the alleged incident(s) iawitiaitiae�d occurred, tliiaft � occurred at •ii. It t� offiotall Capacity and there are no�hi� unusual&C" in Ivolved, the case should be presented to the Mayor and Council foe indennifleation. An example of a *highly unusual oiroumst r Mould be where an employee came in on his/her day off, while i4ta3doeted, took a City vehicle, after being told not toy and ran am a 1 enemy with the vehiole. I would not recommend lindesni ion in such a case. Rowever, i eve never seen a Case e this oar "T other case, to date, where the circumstances Mould caws me cot to recommend indemnification. indemnifioatiCn serves the City•e interest as well as the wployee's because it takes a burden off the employee•s shoulders that is likely to impact her/his job performance, remove* sue of the 'personal element from the lawsuit thus enabling the employee to conduct herseif/hinself in a more professional manner throughout the pre-trial and trial periods of the case, and minimises the potential four conflict, 10981 or otherwise, between different OVloyee/defendants and between employees and the City. Tee overall result is a more efficient and effective defense of lawuits filed against the City. The employee who is indemnified still has as important 'stake in the outooee of the litigatiaa bsoaun US/h r professional and personal reputation may well be Lpaoted if a plaintiff prevails in the lawsuit. pis the policy of the City Attorney's office to enoourege an ? deoisioo an indemnification for the reasons stated herein. I will be pleased to meet personally with any employ" or W W&ayee bargaining group representative(s) to explain, discuss and f00r1e a pZ000duaw for this important factor in the attormy- 'OU40t relationship and in the .employer-employee relationship. t. Penman torney city At i INDEX i Subject Paae Agency Personnel Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Assignment to Higher Position . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Bilingual Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Books and Tuition Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Court Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Definition of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Educational Incentive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Employee Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Employees' Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Employer-Employee Relations Committee . . . . . . . . . . . . . . . . . . . . . . . . . 14 Financial Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 7 Health/Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Injury Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Investigation Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Leave of Absence Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Locker Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Mutual Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 NoStrike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 s Notice of Intent to Reopen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 On Call/Call-Back/Standby . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ' Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Payment for Unused Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Payroll Deductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Physical Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Political Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Polygraph Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Prevailing Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Printing of Memorandum of Understanding . . . . . . . . . . . . . . . . . . . . . . . . 33 Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Rain Gear/Utility Uniforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Re-Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Police Safety MOU 1 Subject Page Recognition 6 Replacing/Repairing Personal Property 22 Safety Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Service Pins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Shift Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Term of Memorandum of Understanding . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Use of City Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Waiver Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Wellness Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Work Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Police Safety MOU