HomeMy WebLinkAbout2018-287Resolution No. 2018-287
RESOLUTION NO. 2018-287
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING A SIDE LETTER AGREEMENT TO THE
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF SAN BERNARDINO POLICE
OFFICERS ASSOCIATION (SBPOA) TO INCLUDE
ARTICLE IH — COMPENSATION: SECTION 9 —
ASSISTANT WATCH COMMANDER
WHEREAS, the Mayor and City Council adopted Resolution No. 2015-173, approving a
settlement agreement with the San Bernardino Police Officers Association (SBPOA) including
Article Ill Compensation Section 9 — Lead Supervisor being eliminated from the Police Safety
Memorandum of Understanding (MOU) effective July 1, 2015; and
WHEREAS, by removing the provision from the MOU, the special compensation for
lead supervisor assignment such as the assistant watch commander no longer meets the
California Public Employees' Retirement System (CalPERS) special compensation requirements
under California Code of Regulations (C.C.R.) section 571; and
WHEREAS, the assistant watch commander assignment is a crucial component for
smooth operations of the Police Department; and
WHEREAS, a side letter agreement with SBPOA and the City was tentatively agreed
upon and will be finalized upon approval of its terms by City Council.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Resolution No. 287 approving the side letter agreement with the San
Bernardino Police Officers Association (SBPOA) to add Article III — Compensation: Section 9 —
Assistant Watch Commander to the current Police Safety Memorandum of Understanding
(MOU) hereby adopted.
SECTION 3. Sergeants assigned into the assistant watch commander position will
receive a $500/month special compensation amount that will meet California Public Employees'
Retirement System (CalPERS) special compensation requirements under California Code of
Regulations (C.C.R.) section 571.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
Resolution No. 2018-287
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. This Resolution shall become effective December 19, 2018.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk thi,, I SP day of December 2018-A , n
John Valdivia, Mayor
City of San Bernardino
Attest:
-Georgeann arena, MMC, City Clerk
Approved as to form:
Gary D. Saenz, mey
Resolution No. 2018-287
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2018-287 adopted at a regular meeting held at the 19'h day of December 2018 by
the following vote:
Council Members: AYES NAYS
SANCHEZ X
IBARRA ly
VACANT
SHORETT
NICKEL
RICHARD
MULVIHILL
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 19'h day of December
2018.
Georgeann flanna, MMC, City Clerk