HomeMy WebLinkAboutRES 2022-013 Police Dispatch Employees Memorandum of Understanding
POLICE DISPATCH
EMPLOYEES
MEMORANDUM
OF
UNDERSTANDING
Made and Entered into Between
The City of San Bernardino
and
The San Bernardino Police Dispatch Association
July 1, 2021, to June 30, 2025
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TABLE OF CONTENTS
Page
Article/Section Title No.
Definition of Terms ............................................................................................ 4
ARTICLE I ADMINISTRATION ........................................................................................ 5
Section 1 Parties to MOU ............................................................................................. 5
Section 2 Recognition ............................................................................................. 5
Section 3 Management Rights ....................................................................................... 5
Section 4 Employee Rights ............................................................................................ 6
Section 5 Agency Personnel Rules ................................................................................ 6
Section 6 Safety Committee ........................................................................................... 7
Section 7 Labor-Management Committee ...................................................................... 8
Section 8 Employee Representatives ............................................................................. 8
ARTICLE II EMPLOYER-EMPLOYEE RELATIONS ......................................................... 9
Section 1 Recognition/Association Security ................................................................... 9
Section 2 No Strike ............................................................................................. 9
Section 3 Payroll Deduction for Association Dues/Service (Fair Share) Fees ................ 9
Section 4 Budget Documents ......................................................................................... 10
Section 5 Employee Orientation ..................................................................................... 10
Section 6 New Employee Information ............................................................................ 11
Section 7 Association Logos .......................................................................................... 11
ARTICLE III COMPENSATION ......................................................................................... 11
Section 1 Salaries ............................................................................................. 11
Section 2 Classification/Compensation Study ............................................................... 12
Section 3 Retirement Benefits ....................................................................................... 12
Section 4 Overtime ............................................................................................. 13
Section 5 Higher Acting Classification Pay ..................................................................... 14
Section 6 Call-Back/Standby Assignment and Pay ........................................................ 15
Section 7 Shift Differential ............................................................................................. 17
Section 8 Fines ............................................................................................. 17
Section 9 Bilingual Pay ............................................................................................. 17
Section 10 Training Pay ............................................................................................. 18
ARTICLE IV FRINGE BENEFITS ....................................................................................... 18
Section 1 Health Benefits and Life Insurance ................................................................. 18
Section 2 Post Employment Health Plan ........................................................................ 20
Section 3 Uniforms ............................................................................................. 20
ARTICLE V LEAVES ............................................................................................. 20
Section 1 Vacation ............................................................................................. 20
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Section 2 Holiday Leave ............................................................................................. 22
Section 3 Sick Leave ............................................................................................. 24
Section 4 Payment of Sick Leave ................................................................................... 26
Section 5 Election Leave ............................................................................................. 26
Section 6 Other Leaves ............................................................................................. 26
ARTICLE VI WORKING CONDITIONS ............................................................................. 27
Section 1 Work Periods ............................................................................................. 27
ARTICLE VII GENERAL PROVISIONS .............................................................................. 28
Section 1 Full Understanding; Waiver ............................................................................ 28
Section 2 Severability ............................................................................................. 28
Section 3 Support of Agreement .................................................................................... 28
Section 4 Term of Memorandum of Understanding ........................................................ 29
Section 5 Notice of Intent to Reopen ............................................................................. 29
SIGNATURE PAGE .................................................................................................. 30
INDEX 31
APPENDIX A MOU Provisions to be Included as Part of the City of San
Bernardino’s Uniform Policies
Section A1 – Contract for Services
Section A2 – Grievance Procedure
Section A3 – Skelly Rights
Section A4 – Non-Discrimination
Section A5 – Personnel Files
Section A6 – Bulletin Boards
Section A7 – Education Tuition Assistance
Section A8 – Employee Assistance Program (EAP)
Section A9 – Catastrophic Leave
Section A10 – Injury Leave
Section A11 – Leave of Absence without Pay
Section A12 – Witness Leave
Section A13 – Military Leave
Section A14 – Jury Duty
Section A15 – Physical Examinations
Section A16 – Probationary Period
Section A17 – Seniority
Section A18 – Reasonable Suspicion Drug and Alcohol Testing
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DEFINITION OF TERMS
City: The City of San Bernardino
Day: As it pertains to a sick leave day or a vacation day, one (1) “day”
equals ten (10) hours, unless otherwise specified.
Exclusion: Excluded from Police Dispatch for purposes of representation
are: classification titles designated as management/confidential,
middle-management or safety; positions established and created
under federal contract; and temporary, part-time, provisional and
probationary individuals.
Police Dispatch: Includes titles listed in the City’s Salary Schedule, as may be
amended. Additional titles in the unit may be established by the
Mayor and City Council. Also reference “Exclusions” above.
Mandatory and
Permissive: “Shall” is mandatory; “may” is permissive.
MOU: Memorandum of Understanding
Regular Full-Time An Employee who has been appointed to a Regular, Full-Time
Employee: position and has completed their probation period.
Association: The exclusive bargaining representative for Police Dispatch
employees.
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ARTICLE I
ADMINISTRATION
Section 1 – Parties to Memorandum of Understanding
The Memorandum of Understanding is made and entered into by and between the City
of San Bernardino (“City”) and the Police Dispatch Employees represented by the San
Bernardino Police Dispatch Association (SBPDA), pursuant to Government Code
Sections 3500 et seq.
Section 2 – Recognition
The City hereby recognizes the SBPDA as the exclusive representative for the purpose
of meet and confer with respect to wages, hours, terms and conditions of
employment for all employees within the classifications as set forth below:
Police Dispatcher I
Police Dispatcher II
Should any valid federal or state law or formal determination of any board or court of
competent jurisdiction affect any provisions, those affected provisions shall be made to
conform to the law or determination and otherwise this MOU shall continue in full force
and effect.
Nothing in the above shall be construed as requiring an employee to join the
recognized Association nor to maintain his or her membership in the recognized
Association as a condition of employment.
Section 3 – Management Rights
This MOU 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 adopting this MOU, except to the
extent that the provisions of this MOU specifically curtail or limit such rights, powers and
authority. Furthermore, the City retains all its exclusive rights and authority under City
Charter, ordinances, resolutions, state and federal laws and expressly and exclusively
retains its management rights, which include but are not limited to: the exclusive right to
determine the mission of its constituent departments, commissions and boards; set
standards of selection for employment promotions; direct its employees; establish and
enforce dress and grooming standards; determine the methods and means to relieve its
employees from duty because of lack of work or other lawful reasons; maintain the
efficiency of governmental operations; determine the methods, means and 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, means,
organizational structure and size and composition of work force and allocate and assign
work by which the City operations are to be conducted; determine and change the number
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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 upon reasonable notice; establish and modify
productivity and performance programs and standards; discharge, suspend, demote,
reprimand, withhold salary increases and benefits or otherwise discipline employees in
accordance with the applicable law; establish employee performance standards
including, but not limited to quality and quantity standards; and, carry out its mission in
emergencies and exercise complete control and discretion over its organization and the
technology of performing its work.
Section 4 – Employee Rights
A. Employees have the right to a safe and harassment free work environment as set
forth in the City’s policy on Non-Discrimination/Workplace Harassment. Employees of the
City have 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, including but not limited to: wages, hours and other terms and
conditions of employment. Employees of this City also shall have the right to refuse to
join or participate in the activities of employee organizations and shall have the right to
represent themselves. No employee shall be interfered with, intimidated, restrained,
coerced or discriminated against by the City or by employee organizations because of the
exercise of these rights. Representation rights of the Association as exclusive
representative shall not be compromised.
B. The City, through its representatives, shall meet and confer in good faith only with
representatives of formally recognized employee organizations regarding matters within
the scope of representation, including wages, hours and other terms and conditions of
employment.
C. Individual Agreement - The City of San Bernardino shall not negotiate with or enter
into memorandum of understanding or grant rights or benefits not covered in this
agreement to any employee unless such action is with SBPDA concurrence.
Section 5 – Agency Personnel Rules
A. Purpose. It is understood and agreed that there exists within the City in written or
unwritten form, certain personnel rules, policies, practices and benefits generally
contained in the applicable City of San Bernardino Municipal Code; The City of San
Bernardino Uniform Personnel Rules and Policies, as amended; 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, which documents will continue in effect,
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except for provisions modified by the City Council in accordance with federal or state
laws, orders, regulations, official instructions or policies.
B. Department Work Rules. The City may prepare, issue and enforce rules and
safety regulations necessary for the safe, orderly, and efficient department operations.
Any departmental work rules initiated, established and promulgated by the City shall be
posted on bulletin boards ten (10) days prior to their effective date, except in emergency
situations. A copy of such rules shall be sent to the Association office. The
reasonableness of any disciplinary action taken as a result of a violation of any
departmental work rule may be determined in the grievance procedure at the employee's
election. The City shall make reasonable efforts to acquaint employees with work rules.
Work rules shall be uniformly applied.
The Police department will provide a copy of updates to Departmental Work Rules as
they occur.
C. MOU Personnel Rules. The City represents that in implementing Section 508 of
the City of San Bernardino’s new Charter that became effective on January 31, 2017, the
following provisions shall be included as part of the City’s uniform policies:
a) Article I, Section 5, Contract for Services
b) Article II, Section 4, Grievance Procedure
c) Article II, Section 6, Skelly Rights
d) Article II, Section 7, Non-Discrimination
e) Article II, Section 8, Personnel Files
f) Article II, Section 9, Bulletin Boards
g) Article IV, Section 4, Education Tuition Assistance
h) Article IV, Section 6, Employee Assistance Program (EAP)
i) Article V, Section 5, Catastrophic Leave
j) Article V, Section 6, Injury Leave
k) Article V, Section 7, Leave of Absence without Pay
l) Article V, Section 8, Witness Leave
m) Article V, Section 11, Military Leave
n) Article V, Section 12, Jury Duty
o) Article VI, Section 2, Physical Examinations
p) Article VI, Section 3, Probationary Period
q) Article VI, Section 4, Seniority
r) Article VI, Section 5, Reasonable Suspicion Drug and Alcohol Testing
The above Sections will be attached to this MOU as Appendix A and will be considered
as part of this MOU. In addition, these Sections will be included as part of the City’s
uniform personnel policies and/or part of the City of San Bernardino’s Municipal Code.
Section 6 – Safety Committee
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There is established a City-wide Safety Committee in which the Police Dispatch
Employees has membership. The SBPDA shall appoint two (2) members to the Safety
Committee. The appointments should not include more than one member and one
alternate from each City Department. The Committee will review all recordable accidents
(both City equipment and personal injury of City employee) and make recommendations
to the City Manager or their designee for all corrective actions in establishing better job
safety.
The Committee will improve safety communications throughout the City and review each
accident on or off City property. The Committee will investigate all "industrial type”
accidents and "vehicular" accidents and make recommendations on how the accident
could have been prevented. The Committee is expected to establish its own rules of
conduct, to elect its own officers at the first meeting in January and keep minutes of all its
meetings, findings and recommendations.
The Committee is expected to meet no less than once a month at a time agreeable to all
members. Upon completion of reviews by the Committee of accidents/ incidents, the
Committee will make recommendations for corrective measures to establish safer
working conditions and may recommend disciplinary action.
It is of mutual benefit to the City and to the employee to be fully aware of and comply with
all safety rules and regulations. The City, Association and employees agree to work
towards preventing job-related injuries to employees and damage to both public and
private property.
Guests and/or speakers will be allowed to attend based on advance notice to the City and
mutual agreement.
In the event a representative from either side is unable to attend a meeting, the
spokesperson from each side may, with two (2) working days' notice to the other side,
select an alternate.
The Safety Committee shall forward to the SBPDA office a copy of all minutes, findings
and recommendations at the conclusion of each meeting.
Section 7 – Labor-Management Committee
The SBPDA will designate two (2) representatives to meet with the City on a mutually
agreeable basis to discuss matters pertinent to the welfare of the City and employees.
The Association may have additional representatives present when appropriate for the
discussion of scheduled matters. Normally, such meeting shall be during working hours.
Section 8 – Employee Representatives
SBPDA may designate no more than two (2) representatives who will be allowed
reasonable release time to contact SBPDA Business Representatives and participate in
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required committee meetings. Association representatives shall not receive any
additional time or compensation for the designation. Association representatives will not
represent Police Dispatch employees in disciplinary action meetings, investigation
interviews, and/or any meeting that may lead to disciplinary action. SBPDA shall provide
the City an initial list of stewards and thereafter upon request by the City. The position of
association representative shall not interfere with the daily operations of the City.
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section 1 – Recognition/Association Security
The City hereby acknowledges that the SBPDA is recognized by the City as the exclusive
representative for the Police Dispatch employees for purposes of meeting and conferring
on wages, hours, and other terms and conditions of employment and for all other matters
related to employer-employee relations for these employees. The granting of "exclusive"
recognition shall not preclude employee self-representation in matters where individual
rights, protections and concerns are involved; provided, however, the representation
rights of the Association as exclusive representative shall not be compromised thereby.
If a unit member does not wish to be represented by the Association in matters pertaining
to grievances and disciplinary appeals and wishes to represent themself, such member
shall be required to provide the Association and the City with a signed statement waiving
the right to Association representation in such matters.
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 existed between the City and the employees of the City. It is
recognized that any work disruptions are unproductive to City operations and services
provided to its citizens. The Association and the City agree that they shall, at no time or
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 at any time
during the term of this MOU.
Section 3 - Payroll Deduction for Association Dues/Service Fees
It is agreed that the Association membership dues 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 deducted from the pay warrants of employees covered
hereby shall be made to the Association with 30 days after the conclusion of the month
in which said membership dues were deducted.
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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 those
constituting actual deductions made from the 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 - Budget Documents
The City agrees to provide the Association at no cost one (1) copy of the annual financial
report, preliminary budget, final budget and resolutions or ordinances as requested by the
Association.
Section 5 – New Employee Orientation
The City will distribute the Memorandum of Understanding, or contract term and
conditions, as part of the employee orientation program conducted by the City for new
employees. The City will allow the Association to make a presentation at employee
orientations.
New employee orientation means an “in person” meeting designated as such and
scheduled with representatives of the City to advise and inform new employees of their
employment benefits, responsibilities, City Rules, and other similar related matters.
Notice Requirements
The City will make every effort to provide written notice (by email, letter, or text) to the
Association of all new employee orientations. The Association’s exclusive representative
shall receive not less than 10 days’ notice in advance of an orientation, except that a
shorter notice may be provided in a specific instance where there is an urgent need critical
to the employer’s operations that was not reasonably foreseeable. The new employee
orientation notice provided to the Association shall include the date, time, and location of
the orientation. This will allow for proper scheduling to ensure that a representative from
the Association are available to meet with the employee prior to or following the
orientation session. If the Association or its representative are not available on the day
or time the City has scheduled its orientation, the City will allow the Association to meet
with the new employee within 30 calendar days of hire.
During the new employee orientation, the City shall make every effort to provide a written
statement, obtained from the Association to each new employee hired into a
position/classification represented by the Association, that the employee’s position is
represented by the Association. To properly identify current Association leaders, the
Association will provide a roster of representative(s) to the City prior to such orientation.
The Association will be provided the opportunity for one (1) representative to meet with
the new employee for up to 45 minutes of uninterrupted private time prior to or following
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new employee orientation. The Association may provide written materials, including a
packet of information, to the new employee(s). The Association agrees in its portion of
the orientation not to engage in speech that could cause substantial disruption or material
interference with City business and activities and to comply with all City policies and
procedures.
The Association’s presentation will be conducted during paid City time as a regular part
of the new employee orientation. At no time shall any Association member incur any
overtime or additional costs to the City. The Association will provide the Human
Resources Department, at least 48 working hours in advance notice, of the name of the
association member who they wish to attend the orientation.
Section 6 - New Employee Information
Upon request by the Association, the Human Resources Department will furnish the
Association with information on new Police Dispatch employees, excluding their home
addresses. Data will include name, job title, department, work location, work, home and
personal cellular telephone numbers, and personal email addresses on file.
Section 7 - Association Logos
A. Police Dispatch employees wishing to demonstrate their support for, or affiliation
with, SBPDA shall be permitted to wear an Association button, badge, logo, or pin as long
as the button, badge, logo, or pin does not create a safety or health issue or interfere with
the efficient operations of the employer.
B. In consideration of the above, said button, badge, logo, or pin must be consistent
with all of the following:
1. Removable;
2. For uniformed employees only, it must be centered and fit on the pocket
flap or in the area where the pocket flap is supposed to be on the jacket,
shirt, blouse, or sweater;
3. It may not carry a message that is libelous, obscene or defamatory.
C. Police Dispatch employees will be permitted to wear an Association button or pin
as long as it does not create a safety or health issue, interfere with the efficient operations
of the employer, or conflict with previously adopted uniform standards in department work
rules/operating procedures.
ARTICLE III
COMPENSATION
Section 1 – Salaries
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Effective the first full pay period following July 1, 2021, the salary ranges for all unit
members shall be increased by four and thirty-five hundredths percent (4.35%) to reflect
a cost of living adjustment (COLA), effective the first full pay period following July 1, 2022,
the salary ranges for all unit members shall be increased by four and thirty-five hundredths
percent (4.35%), effective the first full pay period following July 1, 2023, the salary ranges
for all unit members shall be increased by three percent (3%), effective the first full pay
period following July 1, 2024, the salary ranges for all unit members shall be increased
by three percent (3%). All salary ranges for classifications represented by the SBPDA
shall be amended by the City Council in accordance with these provisions.
Section 2 – Classification and Compensation Study
The City agrees to implement the classification and compensation study (“Study”) that
was conducted during fiscal year 2019-2020. Effective the first full pay period following
July 1, 2021, members would be moved to the minimum of their new compensation range.
When an employee falls out of range, the member’s current compensation is less than
the bottom step of the new compensation range, the member will be moved to the bottom
step of the new compensation range. Any employee within the range of the updated
compensation range will be eligible for an increase at their annual merit increase date
The City agrees to conduct a classification and salary study (“Study”) during fiscal year
2024-2025. The purpose of the Study will be to review current SBPDA employee
classifications and propose revisions that provide fair and rational internal and external
relationships. A joint job evaluation/compensation committee will be established to review
the Study recommendations and develop a plan for implementing the study. The City
and the SBPDA agree to address any salary adjustments to individual classifications
during fiscal year 2024-2025 and any adjustments may be implemented in a subsequent
MOU. Any salary equity adjustments to individual classifications will be considered with
any across-the-board salary adjustments as to the total cost of bargaining unit salaries.
Annual salary adjustments, which may include equity adjustments resulting from the
Study, will be based upon availability of funds and will be evaluated in the context of the
City’s long term financial plan.
Section 3 – Retirement Benefits
SBPDA members are provided retirement benefits under the California Public Employees’
Retirement System (CalPERS) as follows:
Tier I: Employees hired on or before October 3, 2011 shall receive a 2.7%@
55 retirement benefit;
Tier II: CalPERS “Classic Members” hired on or after October 4, 2011 shall
receive a 2% @ 55 retirement benefit;
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Tier III: CalPERS “New Members” hired on or after January 1, 2013 shall
receive a 2% @ 62 retirement benefit in accordance with the Public
Employees’ Pension Reform Act of 2013 (PEPRA).
Employee Share. Effective 2/1/2013, all Tier I and Tier II employees shall pay the
employee’s share of the retirement contribution, either 8% for the 2.7@ @ 55 formula or
7% for the 2%@ 55 formula. Effective 1/1/2013, Tier III employees shall pay the
employee contribution required by the PEPRA, calculated at 50% of the normal cost.
Employer Share. Effective 2/1/2013, all employees shall pay 1.304% of their salary
toward the employer cost of retirement in accordance with Section 20516 of the California
Government Code.
The City will pay the employer contribution for the Fourth Level 1959 Survivor Benefit.
For Tier I and II employees, the final compensation retirement calculation shall be based
upon their single highest year of compensation earnable as provided under Section 20042
of the California Government Code. The compensation earnable period for Tier III
PEPRA employees will be three years.
The City and SBPDA acknowledge that the PEPRA laws and regulations shall govern a
determination of whether employees are hired as “new members” or “classic or legacy”
members.
Section 4 – Overtime
All employees in Police Dispatch will receive overtime based on the requirements of the
Fair Labor Standards Act (FLSA). Employees shall be paid overtime compensation at
the FLSA rate for all hours worked over 40 hours in the designated work week. Holiday,
compensatory time, concession leave, workers’ compensation, and authorized unpaid
leave hours shall not apply towards hours worked in the work week.
Overtime work shall not be authorized unless the employee has obtained the prior
approval of their Department Head or designated Division Head. Emergency overtime
work may be authorized by the employee's supervisor without such prior approval, if
obtained at the earliest possible time after the performance of emergency work.
In instances where standby and call-back work is required and directed, it shall be
regulated by, and paid in accordance with, the provisions contained in Article III, Section
6.
Compensatory Time Bank: When an employee works overtime, he or she shall earn
overtime at the FLSA rate. Following prior approval of overtime as described above, the
employee will either be paid for the overtime worked or the number of overtime hours
worked will be placed in a compensatory time bank, based on the employee's request.
The Finance Department (Payroll) will track the compensatory time accrued and used,
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and the compensatory time balance will appear on the employee's paycheck. Department
Head approval will be required in order for employees to use time from the compensatory
time bank.
Once an employee's compensatory time bank reaches eighty (80) hours, the employee
will be paid for all subsequent overtime worked. By the end of June 30 each year, an
employee's compensatory time bank must be reduced to forty (40) hours. Any hours in
the compensatory time bank in excess of forty (40) hours as of June 30 of each year will
be paid at the employee's regular rate of pay and will be included on the first paycheck in
December.
If the employee terminates employment or if the employee is promoted to a position in
the City, the compensatory time bank will be paid off at the then current rate of pay.
Daylight Savings Time:
Employees required to work during daylight savings time when their shift is extended by
one (1) hour (clocks are turned back one (1) hour) will be compensated for that hour.
Employees required to work when their shift is reduced by one (1) hour (clocks are turned
forward one (1) hour) will be deducted one (1) hour of compensation time.
Section 5 – Higher Acting Classification Pay
Upon approval by the City Manager, a Department/Division Head may assign or reassign
a qualified unit employee to discharge the duties of a higher classification when a position
is vacant or in the absence of the incumbent due to resignation, termination, promotion,
or an extended leave of absence, or other emergency circumstances.
An employee so assigned in writing by the Department/Division Head, with the approval
of the City Manager, shall receive acting duty pay starting on the sixth consecutive day of
each acting duty assignment. No acting duty pay will be paid for the first five (5) days of
each acting duty assignment, except for those employees who can prove that they have
served a total of twenty (20) days in a higher-acting classification during the previous
twenty-four (24) months, based upon their official Human Resources Department records.
No Police Dispatch employee that is on probation shall be placed in a higher acting
classification. Further, no Police Dispatch employee shall be in a higher acting
classification for more than one (1) year. As a condition to receiving the higher acting
pay, the Department designee must complete the required Personnel Action Forms
(PAFs) and the Department Head and the City Manager must approve the request.
An employee assigned to work in a higher classification on an acting basis shall receive
at least five percent (5%) above their current base rate of pay.
The City will not circumvent the intent of this article by using various employees to thwart
the intention of this article.
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Employees who believe they are performing duties of a higher level outside of their current
classification, and who believe they have been unable to resolve the situation
satisfactorily, shall have the right to appeal their issue via the current grievance procedure
(Appendix A, B2).
To be eligible for higher acting pay, unit members shall: 1) perform the full range and
majority of the duties in the higher-level classification that are unrelated to an employee’s
current classification; and, 2) perform the full range and majority of the higher
classification duties for five full working days based upon the unit member’s assigned
work schedule.
Section 6 – Call-Back/Standby Assignment and Pay
An employee who is free to engage in their own pursuits while off duty, subject only to
carrying a cellphone, is not working while on standby. If called back, the employee shall
be paid for the time actually worked in accordance with Article Three, Section IV
(Overtime).
If a Department Head places an employee on standby, defined as the employee being in
a state of readiness and immediate availability to come to work outside of their normal
work hours, the SBPDA and the City hereby agree that the following is compensation in
full for the hours of work of the employee when in such standby status:
Standby Status Hours Compensated
For the employee's five (5) work days 7.5 hours for 5 days
during their work week (or prorate at 1.5 hrs/day)
For the employee's two (2) non-work days 4 hours for 2 days
during their work week (or pro rate at 2.0 hrs/day)
OR,
For all seven (7) days during a work week 10 work hours
AND,
For any holiday, as described in this MOU, 2 extra work hours
during which the employee stands by for all per scheduled holiday -
or any portion of the 24-hour day added to the above
Payment for hours described above shall be compensated at the regular rate of pay.
Police Dispatch Call-Back Pay: An employee cannot be in standby status and call-back
status at the same time.
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Employees not formally assigned to standby status may still be called back to work. If
reached by their supervisor and called back to work, the employee will be paid for actual
hours of work at the FLSA overtime rate of time-and-one-half (1-1/2) unless the employee
has worked less than forty (40) hours in the work week due to use of paid or unpaid sick
time, vacation, holiday, and compensatory time. In such cases, employee will be paid
straight time. An employee called back to work shall be paid for a minimum of two (2)
hours of work.
The Police Dispatch employees covered by this MOU are not so severely restricted in
their activities while in standby status as to be "working while 'on call'" as that term is used
in the Fair Labor Standards Act 29 CFR 785.17.
The Department will prepare a qualified list of employees for call-back/standby.
Department Heads will consider the following factors in establishing and maintaining call-
back and standby lists: employee seniority; special qualifications and skills.
When assigning call-back and standby on a rotation basis, only the employee who
appears first on the list may reject an assignment to call-back or standby. Rejecting an
assignment will automatically place the first employee at the bottom of the list. The
employee listed next must take the assignment.
Departments and Divisions may use procedures that vary from the above, if the
procedures are: (1) consistent with Department/Division work rules; or, (2) implemented
result of an emergency situation.
Employee Court Subpoena Time: All City employees appearing in court on their day off
for a work-related court subpoena will receive compensation for the actual time spent in
court, with a three (3) hour minimum. Additionally, employees will receive one-half (1/2)
hour travel time for going to court. Employees will be reimbursed for all parking fees
associated with the court appearance.
In the event an employee is placed on standby on their day off for a work-related court
subpoena, the employee will receive three (3) hours standby pay for each day on a
standby status.
For morning standby subpoenas where employees are called to court and do not go
beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours
standby along with one-half (1/2) hour of travel time. If employees have to appear in court
after the noon recess, the actual additional time along with one-half (1/2) hour of travel
time will be added to the three (3) hours standby. In cases where the subpoena is for 1:30
p.m. or another time, the standby will start with the time stated on the subpoena.
All court-related compensation will be paid as time worked and at the appropriate straight
time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to
compensation for any prior time actually worked pursuant to such subpoena.
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It is hereby agreed by and between the parties hereto that the Police Dispatch employees
covered by this provision are not so severely restricted in their activities while on standby
status as to be "working while 'on call'," as that term is used in the Fair Labor Standards
Act 29 CFR 785.17.
Section 7 – Shift Differential
Association employees shall receive the following pay differential in addition to their pay
for actual shift work designated as either the swing or graveyard shift.
A. An employee assigned to the swing shift (normal start and ending time of 4:00 p.m.
to 2:00 a.m., respectively, or where the majority of their scheduled hours fall between
those hours) shall receive $65 per month extra for all hours actually worked during such
assignment; or,
B. An employee assigned to the graveyard shift (normal start and end time of 9:00
p.m. to 7:00 a.m., respectively, or where the majority of their scheduled hours fall between
those hours) shall receive $100 per month extra for all hours actually worked during such
assignment.
C. Any employee who is permanently assigned to the swing or graveyard shift will
receive the additional monthly pay. The additional pay will only begin and end on the 1st
and the 16th of the month. Whenever permanent swing or graveyard shift employees work
overtime on another shift, their hourly pay will include the additional monthly pay.
D. Any non-swing/graveyard shift employees who work overtime in a swing or
graveyard shift will only be paid at the regular rate of pay (no additional differential pay).
E. The Departments, by memo, will inform Payroll which employees are permanently
assigned to swing and graveyard shifts and should receive the additional monthly pay.
Permanent is defined as working thirty (30) days or more.
Section 8 – Fines
The City shall pay for court fines imposed upon any permanent Employee within the
Association as a result of their conviction of a violation as a result of being directed to
operate any faulty vehicle or equipment, where such fault is the proximate cause of the
violation.
Section 9 – Bilingual Pay
Police Dispatch employees, as designated by the City Manager and who meet the
certification and eligibility requirements as developed by the City, shall be compensated
at the rate of seventy-five dollars ($75) per month. The duties of the employee receiving
bilingual pay may be reviewed annually to determine that bilingual duties assigned to an
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employee are being performed on a regular and frequent basis. The designated
employees may be tested annually for certification and recertification.
Not more than four (4) Police Dispatch employees may be designated to receive bilingual
pay. The City Manager or designee will retain the right to select the four (4) eligible
employees. The City shall reserve the right to determine languages for which testing will
be conducted.
Section 10 – Training Pay
Eligible and qualified employees as identified below will receive additional compensation
for training as assigned by a Department Head. In or about July of each year this MOU
is effective, a Department may establish a list of employees who, in the sole determination
of the Department Head, are qualified to serve as a trainer for new and/or probationary
employees. Each Department may establish requirements to serve as a trainer and may
develop in-house evaluation procedures to measure qualifications. Such evaluation
procedures may include, without limitation, the completion of an application, testing, and
interviews. Any of the qualified trainers on the eligible list may be called upon during the
year to train new employees. Training assignments will be assigned in one (1) week
increments; for example, training assignments may be for one (1) week to one (1) month
or more. As a condition to receiving training compensation under this Section, all training
assignments must be designated as to length and scope of training on Departmental
forms. All training assignments must also be approved in writing by the Department Head
or their designee prior to the commencement of the training assignment.
Qualified employees assigned to training will receive compensation of $37.50 per week.
Training assignments may be discontinued at any time and for any reason, and will be
based, in part, upon the needs and budget of the Department.
The position that qualifies for a training pay program include Dispatcher II (assuming all
Dispatcher I flex to Dispatch II when completing probation/training.
ARTICLE IV
FRINGE BENEFITS
Section 1 – Health Benefits and Life Insurance
A. Effective the first full pay period following July 1, 2021, the City will
contribute $715.00 per month toward health premiums for Employee Only, $1,289.00 per
month for Employee Plus One Dependent, and $1,724.00 per month for Employee Plus
Two or More Dependents.
For the term of this Agreement only, health contributions shall be benchmarked at the
Kaiser rate.
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The amount of the City’s contribution is based on the selection of the “medical”
enrollment category. If an employee elects “employee only” medical coverage, then the
“employee only” allowance is provided to the employee. Any contribution not utilized by
the employee shall revert to the City.
B. Insurance benefits available for purchase by employees include: medical,
dental, vision, and supplemental life and accidental death and dismemberment insurance.
Unless otherwise specified, City contributions cannot be used for any voluntary benefits
offered to unit members.
C. An employee must purchase insurance offered through the City in order to
utilize the contributions described in Section A above.
D. Employees may use any of the amounts described in Section A to purchase
any/all of the insurance benefits described in Section B.
E. Cafeteria monies may be redesigned or a change of plans may be made in
accordance with the rules established by the insurance plan selected by the employee.
F. The City shall provide each employee with $10,000 basic life insurance and
$ 25,000 Accidental Death and Dismemberment (AD&D).
G. An employee who does not want to enroll in any health care plan offered by
the City must provide evidence of health care insurance coverage, and execute a “Waiver
of Benefits and Release Agreement” releasing the City from any responsibility or liability
to provide health care insurance coverage on an annual basis. Employees who elect to
waive the City’s health care insurance may receive a stipend as shall be determined by
the City on an annual basis. Employees who elect to waive the City’s health care
insurance will receive a stipend. The parties acknowledge that the stipend for calendar
year 2021 is $3,250 and will be paid within 30 calendar days after full execution of this
agreement. The stipend for calendar year 2022 is $3,500 and will be paid in December
2022. Thereafter, for the term of this MOU, health care stipends in an amount of $3,500
will be paid to those employees who elect to waive the City’s health care insurance and
will be paid in December of the Plan Year. Health Care stipends are not considered
compensation for purposes of CalPERS retirement calculations and are subject to federal
and state withholding taxes.
H. The Association agrees to participate in the City’s Joint Labor-Management
Health Benefits Committee (“Committee”) to evaluate, on an annual basis, City-wide plan
designs for health care. All plan designs and City contributions shall be effective on
January 1st annually. During the term of this MOU, the City intends to review health care
provider options especially in light of potential changes to the current Affordable Care Act
(“ACA”). During the term of this MOU, City reserves the right, and the Association agrees,
to reopen this MOU on providers and/or any provision in this Section.
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I. All full-time, regular employees will be covered under the City’s Long Term
Disability (LTD) insurance plan. The City will pay 100% of the LTD insurance plan
premiums for full-time, regular employees during the length of this MOU.
J. Employees must be in a paid status for fifteen (15) consecutive days, in any
given month, to receive the benefits of this Article, unless the employee is on a qualifying
approved leave, such as Family Medical Leave, and is eligible for benefit continuation
under applicable state or federal law. Members who have been suspended or discharged
pending an administrative appeal shall be eligible for continuation of benefits pending
final disposition of the disciplinary matter by the City’s Personnel Commission.
Section 2 – Post Employment Health Plan (PEHP)
“The City agrees to participate in the Post Employment Health Plan (PEHP) in accordance
with the terms and conditions of the Plan’s Participation Agreement. Participation in the
PEHP will be discussed on an annual basis as part of the City’s Joint Labor-Management
Health Benefits Committee as provided in Article IV, Section 1(H).”
Section 3 – Uniforms
The City shall provide uniforms to any employee required to wear a uniform.
ARTICLE V
LEAVES
Section 1 – Vacation
A. All employees within the bargaining unit covered by this MOU shall be
entitled to annual paid vacations as follows:
Completed Years of Rate of Accrual Equivalent Hours
Continuous Service* per pay Period Per Year
1 year** 3.0769 hours 80 hours
5 years 4.6153 hours 120 hours
15 years 6.1538 hours 160 hours
20 years 7.6923 hours 200 hours
*Service year begins on initial date of employment in a full-time, regular
status.
**No vacation granted or accrued if service is less than one year.
At the time of voluntary and involuntary termination of employment, an
employee shall be entitled to receive compensation for the number of vacation hours,
which have been accrued but not used. In the event said employee has been permitted
to take vacation, which exceeds number of hours actually accrued, a deduction shall be
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made from the employee's final compensation for the number of hours in excess of the
accrual.
B. The amount of accrual shall not exceed the specified number of hours
granted per year.
C. Employees shall not be permitted to work in their City position in lieu of
taking vacation in order to receive additional compensation.
D. Vacation credits may be accrued and accumulated up to a maximum of two
(2) years total accumulated vacation credits upon approval of the Department Head, as
per the employee's rate of accrual. Vacations or portions thereof from a prior year may
be taken consecutively with vacations or portions thereof of a succeeding year, subject
to the approval of the Department Head. Except as approved by the Department Head,
no vacation or portion thereof from a prior year shall run consecutively with the vacation
of a succeeding year; and, a period of three (3) or more months should normally elapse
between the expiration of one year's vacation and the commencement of the next year's
vacation.
Requests to utilize accrued vacation shall be submitted in writing on City
approved forms to the Department Head. Department Heads shall respond to vacation
requests submitted on City approved forms within five (5) work days. Department Heads
shall not unreasonably delay responses to employee vacation requests. Nothing in this
article shall be construed to prevent a response to the employee's request before the
expiration of five (5) work days.
The vacation period to which any employee shall be entitled shall be
assigned by the Department Head in the calendar year when due, except when the
Department Head with the approval of the City Manager or their designee determines that
an emergency or other valid factors prevent the employee from utilizing their vacation
during the calendar year when due. Should this occur, the employee's vacation should
be rescheduled at the very earliest mutually acceptable date.
In the event an employee is compensated for less than fifty percent (50%)
of the payroll period, they shall not be credited with any vacation accrual for that pay
period.
E. Upon termination, payment for earned vacation or deduction for unearned
vacation shall be made on the basis of the hourly rate of pay being received by the
employee on the date of termination.
F. Whenever the terms "year" or "years of employment" appear herein, they
shall be deemed to include all services for the City of San Bernardino.
G. The employee shall not lose any vacation time off due to action by the City.
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H. Vacation credits may be taken off in increments according to Department
Work Rules with prior Department Head approval.
I. 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 City Manager or their designee, vacation time shall not accrue during such
break in continuous service, but shall accrue from the date of return to service from such
approved leave of absence, based upon the total length of service of the employee.
J. Employees may sell back up to forty (40) hours of vacation time per year
providing that the following conditions have been met:
1. Employees must have a minimum of one hundred twenty (120) hours
in their vacation balance before sell back occurs.
2. Employees must have taken a one-consecutive (1) week vacation
during the past year prior to the sell back of hours.
3. Employees must complete a sell back form, which must include a
Department Head signature.
4. Forms must be submitted to the Finance Department on or before
April 15th of each year.
5. Payment for vacation sell back hours will be paid (using current
Council approved salary rates in the salary resolution) on the employee’s May paycheck
each year.
Section 2 – Holiday Leave
A. Holiday Leave Accrual. City Designated Holidays: Employees shall be entitled to
twelve (12) City-designated holidays, the equivalent of one hundred and eight (108)
holiday hours each year for those employees on a 5/40 or a 9/80 regular work schedule.
Those employees on a 4/10 work schedule shall be entitled to twelve (12) City-designated
holidays, the equivalent of one hundred twenty (120) holiday hours each year. The
following days will be holidays for the purpose of this MOU:
New Year's Day
Martin Luther King, Jr. Day
President’s Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
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Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
In addition to the above, all employees, including new employees, shall be
credited with eighteen (18) hours of Holiday Account time per calendar year (formerly
floating Holidays). All hours of holiday leave will be credited to an employee’s account
on January 1st of each year this MOU is in effect.
B. Holiday Leave Carry-Over. On June 30th of each year that this MOU is in effect,
Police Dispatch employees may carry over up to forty (40) hours of accrued holiday leave.
Any holiday leave in excess of forty (40) hours on June 30th will be forfeited.
C. Scheduling Holiday Leave. All full-time employees within the bargaining unit,
with the exception of those employees shown in the following paragraphs, shall be
allowed the above holidays at full pay when such holidays occur within the regularly
assigned working periods, provided they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday. If it becomes necessary
for an employee to work on any of the above-mentioned holidays, except as provided
herein, they shall receive pay at the regular rate and shall be allowed another day off at
full pay as approved by the Department Head. The Department Head shall consider
employees' requests for scheduling the eighteen (18) holiday account hours per calendar
year, provided however, the final right to allot the hours to be observed is reserved
exclusively to the Department Head. The Department Head will not unreasonably
withhold permission to take time off. The employee may supplement the holiday with
accrued vacation, accrued holiday time, or compensatory time.
D. Other Provisions:
1. Employees who, due to scheduling, must work on a recognized City holiday
will be compensated on the basis of the number of hours worked on said holiday,
excluding lunch/dinner break. The hours accruing to the employee’s holiday account for
that day will be based upon the employee’s work schedule as provided in Article VI,
Section 1 Work Periods.
2. If a holiday occurs on a normal day off for an employee, the employee shall
receive no additional pay.
3. The decision as to whether in-lieu of time off or pay is to be received shall
be based on the availability of funds and needs of the department, as determined by the
Department Head. If in-lieu of time off is directed by the Department Head, it may be
added to the regular annual vacation period, but must be taken within one (1) year of the
date in-lieu time was earned.
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4. On or about November 30th of each calendar year, the City Manager shall
determine, and the Human Resources Department will distribute, the schedule of specific
days that the above holidays will be observed. For example, holidays listed above may
be allowed on a Monday, if any such holiday falls on Sunday, and may be allowed on the
preceding Friday, if such holiday falls on a Saturday for all employees, except those
covered by other provisions herein.
5. Holidays earned in any twelve (12) month period may not be accumulated
beyond the total number of holidays allowed each year by this MOU.
F. Upon separation from the City, employees shall be paid for ninety percent (90%)
of their current holiday account.
Section 3 - Sick Leave
A. Definition: Sick leave means the absence from duty of an employee
because of illness or injury, exposure to contagious disease or attendance upon a
member of their immediate family who is seriously ill and requires the care of or
attendance of any employee. Immediate family means: husband; wife; grandmother;
grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother-in-law;
father-in-law; stepparents; stepchildren; grandchildren; and, step-grandchildren.
Sick Leave Usage for Family Members: Not more than eighty (80) hours of
sick leave within any calendar year may be granted to an employee for the care of or
attendance upon members of their immediate family, as defined above.
Not more than forty (40) hours of sick leave within any calendar year may
be approved for an employee for each absence for purposes of attending the funeral of a
member of the employees' immediate family. The City may require an employee to submit
evidence of eligibility to use sick leave for purposes of attending the funeral of a member
of the employee's immediate family.
B. Sick Leave Usage for Employees
1. Upon the department's request, an employee must provide a physician's
statement to justify a sick leave of forty (40) consecutive hours or longer. Employees
suspected of abuse or excessive use of sick leave may also be required to furnish a
written statement from their health care provider supporting the use of sick leave and/or
the ability to return to work. If a physician’s statement is requested, the Department Head
or their designee must notify the employee prior to or on the first day of leave. Thereafter,
the employee may be required to submit additional physician statements.
2. No absence due to illness or injury in excess of forty (40) hours shall be
approved, except after the presentation of satisfactory evidence of illness or injury. A
certificate from a practicing physician or an authorized practicing chiropractor may be
required by the Department or Division Head, and shall be subject to their approval
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concerning such absence. The City Manager, or their designee, may require that any
person claiming the sick leave benefits of this MOU be examined at any reasonable time
or intervals by a 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
City Manager, or their designee, may terminate sick leave compensation and reject any
claim therefor. The City Manager shall have the right to require the presentation of a
certificate from a practicing physician or a designated physician stating that an employee
is physically or psychologically able to perform their work and duties satisfactorily before
permitting an employee who has been on sick leave to return to work.
3. In order to receive compensation while absent on sick leave, employees
shall notify their immediate supervisor or designee prior to or within thirty (30) minutes of
the time set for beginning their daily duties, or as may be specified in Department/Division
work rules.
4. Sick leave with pay shall be granted to all regular employees and to all
temporary full-time employees whose positions are funded under federal law who are
regularly employed in permanent or federally-funded positions, if such benefit is required
by said federal law. Sick leave shall not be considered as a right which employees may
use at their discretion, but shall be allowed only in case of necessity and actual personal
sickness or disability, except as otherwise provided herein.
5. Whenever an employee is compensated hereunder for sick leave or injury
and has not had a vacation at the end of the current calendar year, the employee must
take the vacation time not utilized due to illness or injury during the next calendar year.
6. Regular full-time employees hired on or after July 1, 2017 and who are
covered by this MOU are eligible to receive thirty (30) hours of paid sick leave after the
new employees have been employed with the City for ninety (90) days. Such paid sick
leave may be used for employee or family illness or for medical reasons or other reasons
provided under the City’s Paid Sick Leave Policy (AB 1522) adopted by the Mayor and
City Council on June 18, 2015 by Resolution 2015-116.At no time may an employee
accrue more than 1,040 hours of sick leave.
C. Employees shall not accumulate sick leave while compensated under the
provisions of Appendix A, B9, Catastrophic Leave, and Appendix A, B11, Leave of
Absence without Pay.
Time off with pay for sick leave shall be considered as time worked for
purposes of the accrual of sick leave only. Sick leave usage shall not be decreased by
the fact that any legal holiday occurs during the time off on account of illness. The words
"legal holiday" shall have the meaning ascribed to them in Article V, Section 2. Sick leave
shall not accumulate during periods of leave of absence without pay.
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In the event an employee works less than fifty percent (50%) of the total
normal work hours in the pay period, they shall accrue no sick leave for such pay period
and shall not be credited with the four (4) hours sick leave.
Approved vacation, sick leave, holiday or compensatory time off shall be
considered as time worked for the purpose of computing sick leave benefits only.
Whenever an employee uses all allowable sick leave, further absences may be
charged against accrued vacation upon approval of the Department Head. If all allowable
sick leave has been used and use of accrued vacation is disapproved, the employee will
take loss of pay for the time not covered by allowable sick leave.
Section 4 - Payment of Sick Leave
A. Payment for Unused Sick Leave: At the time of separation from service, an
employee having six (6) or more years of service is eligible for compensation for unused
post-petition sick leave as follows: a) 288 hours or less = no cash value; b) 289-479 =
cash payment of 20% of accrued post-petition sick leave; c) 480-959 = cash payment of
25% of accrued post-petition sick leave; d) 960 or more hour = cash payment of 35% of
accrued post-petition sick leave.
B. Sick Leave Sell Back: On or before February 15th of each year this MOU is
in effect, eligible employees will be allowed to cash out up to forty (40) hours of sick leave
per year, providing the employee has at least one hundred and sixty (160) hours in their
sick leave account after the sell back.
Employees must complete a sell back form, which must include the Department
Head’s signature. Forms must be submitted to the Finance Department on or before
February 15th each year.
Payment for sick leave sell back will be paid (using the current City Council
approved salary rates in the salary resolution) to employees in their March payroll check.
Section 5 - Election Leave
Time off with pay to vote in any general or direct primary elections shall be granted as
provided in the State of California Elections Code, and notice that an employee desires
such time off shall be given in accordance with the provisions of said Code.
Section 6 – Other Leaves
The City complies with the applicable provisions of the Federal Family and Medical Leave
Act (FMLA), the Federal Pregnancy Discrimination Act (PDA), the California Family
Rights Act of 1992 (CFRA), the California Pregnancy Disability Leave Law (PDL), and
other medical and/or family leave benefits applicable under both Federal and California
law. Applicable California and Federal statutory rights and obligations regarding leaves
27
of absence which now exist or that may become in effect during the term of this MOU and
are not specifically addressed in this MOU are incorporated by reference. City policies
and procedures for administering current and new laws and regulations impacting
employee leaves and benefits are available from the City’s Human Resources
Department.
ARTICLE VI
WORKING CONDITIONS
Section 1 – Work Periods
A. City Work Schedules: City work schedules shall be as herein defined, except as
otherwise provided for:
1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty-
(40) hour work week consisting of five (5), eight (8) hour work days, exclusive of any meal
periods assigned by management.
2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty
(80) work hours in a two (2) week period, consisting of eight (8), nine (9) hour work days
and one (1), eight (8) hour work day, exclusive of any meal periods assigned by
management.
3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty-
(40) hour work week consisting of four (4), ten (10) hour work days, exclusive of any meal
periods assigned by management.
Work schedules shall be posted on all department bulletin boards showing
the employees' shift, work days and where known, hours.
B. Work Schedule Adjustments: It is understood and agreed that Department Heads
shall establish such work schedules as may be necessary for the efficient and economical
provision of services for the public, and to make such adjustment in work shifts as are
from time to time required. The City shall give the employees and the Association two (2)
weeks’ notice of any proposed changes in scheduled work shifts prior to implementation.
If the Association wishes to consult with management regarding the proposed changes,
it shall notify the City within seven (7) calendar days from receipt of notice. Upon
notification by the Association, both parties shall meet within ten (10) calendar days in an
earnest effort to reach a mutually satisfactory resolution of any problems arising as a
result of the proposed changes. Work schedule changes resulting from an emergency
situation or circumstances, which disrupt normal City operations as determined by the
Department Head, are not bound by the two (2) week notice requirement.
If a light-duty assignment for an employee will result in a shift change, e.g.,
from day shift to graveyard shift, the City shall give the employee and the Association two
28
(2) weeks’ notice of any proposed shift changes prior to implementation. The procedures
described in the first paragraph of Section B above shall apply.
1. This section does not include minor adjustments in the starting and
ending times of employee shifts
2. During the two-week notification period, the employee continues on
current status/schedule.
ARTICLE VII
GENERAL PROVISIONS
Section 1 – Full Understanding, Waiver
The parties acknowledge that during the meet and confer process which resulted
in this MOU, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter not removed by law, City Charter,
ordnance, resolution, personnel and departmental rules and regulations, from the scope
of negotiable issues and that the understandings arrived at by the parties after the
exercise of that right and opportunity are set forth herein. Therefore, the City and the
Association, for the life of this MOU, each voluntarily and unqualifiedly waives the right to
meet and confer and 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 or with respect to
any subject or matter not specifically referred to or covered in this MOU, even though
such subject or matter may not have been within the knowledge or contemplation of either
or both of the parties at the time they negotiated or signed this MOU.
Section 2 – Severability
It is understood and agreed that this MOU is subject to all current and future
applicable federal and state laws and regulations and the current provisions of the charter,
ordinances, resolutions and of the rules and regulations of the City. If any part or provision
of this MOU is in conflict or inconsistent with such applicable provisions of those federal,
state or city enactments, or it is otherwise held to be invalid or unenforceable by any court
or competent jurisdiction, such part or provision shall be superseded by such applicable
law or regulations, and the remainder of this MOU shall not be affected thereby. The
parties hereto agree to refrain from initiating any action that would invalidate any part of
the MOU.
Section 3 – Support of Agreement
By entering into this MOU, the City and the SBPDA have arrived at a final understanding
through the meet and confer process, resolving any differences which may have arisen
during that process. Accordingly, it is agreed that the SBPDA and the City will support
the MOU for its term and for purposes of Association ratification and Council Approval.
Nothing contained in this MOU shall become binding upon the parties until such time as
29
the City Council, by legislative enactment and allocation of funds, agrees and adopts it
terms and conditions.
Section 4 - Term of Memorandum of Understanding
The term of this MOU extends through June 30, 2025. If negotiations regarding an
MOU are in progress at the time the current MOU expires or if the parties are at impasse,
the current MOU shall remain in effect until a successor MOU is adopted by the Mayor
and Common Council. During the term of this MOU, the provisions regarding allocation,
use, and payoffs for pre-petition leave time provided in side letter 2015-271 shall continue
to be in effect.
Section 5 - Notice of Intent to Reopen
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, such requested
meeting shall be held at least one hundred twenty (120) days before the expiration of the
MOU. 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.
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SAN BERNARDINO POLICE DISPATCH ASSOCIATION (“SBPDA”)
MEMORANDUM OF UNDERSTANDING
2021-2025
Executed this ________ day of ___________________, 2022.
Robert D. Field, City Manager Tiffany Moran, SBPDA Labor Relations
Representative
___
Mathew Abrego, President
__ ___
David Evans, Vice President
ATTEST:
Genoveva Rocha, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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INDEX
Title Page
Agency Personnel Rules ......................................................................................................... 8
Bilingual Pay .......................................................................................................................... 20
Budget Documents ................................................................................................................. 13
Call-Back/Standby Assignment & Pay ..................................................................................... 17
Classification/Compensation Study ........................................................................................ 14
Definition of Terms .................................................................................................................. 6
Election Leave ........................................................................................................................ 30
Employee Lists........................................................................................................................ 13
Employee Orientation.............................................................................................................. 13
Employee Rights ..................................................................................................................... 8
Employee Stewards ................................................................................................................ 11
Fines ....................................................................................................................................... 20
Full Understanding; Waiver ..................................................................................................... 32
Health Benefits and Life Insurance.......................................................................................... 22
Higher Acting Classification Pay ............................................................................................. 16
Holiday Leave ......................................................................................................................... 26
Labor-Management Committee ............................................................................................... 10
Management Rights ................................................................................................................ 7
New Employee Information ..................................................................................................... 13
No Strike ................................................................................................................................. 11
Notice of Intent to Reopen ...................................................................................................... 33
Other Leaves .......................................................................................................................... 31
Overtime ................................................................................................................................. 15
Parties to MOU ....................................................................................................................... 7
Payment of Sick Leave ........................................................................................................... 30
Payroll Deduction for Association Dues/Service (Fair Share) Fees ......................................... 12
Personal Tool Replacement Allowance ................................................................................... 19
Post Employment Health Plan (PEHP) .................................................................................... 24
Recognition ............................................................................................................................. 7
Recognition/Association Security ............................................................................................ 11
Retirement Benefits ................................................................................................................ 14
Safety Committee ................................................................................................................... 9
Salaries ................................................................................................................................... 14
Severability ............................................................................................................................. 32
Shift Differential ....................................................................................................................... 19
Sick Leave .............................................................................................................................. 28
Special Certification Pay ......................................................................................................... 21
Support of Agreement ............................................................................................................. 33
Term of Memorandum of Understanding ................................................................................. 33
Training Pay ............................................................................................................................ 21
Uniforms, Rain Gear & Safety Equipment ............................................................................... 24
Association Logos ................................................................................................................... 13
Vacations ................................................................................................................................ 24
Work Periods ......................................................................................................................... 31
32
APPENDIX A
MOU Provisions to be Included
as Part of
The City of San Bernardino’s
Uniform Policies
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OVERVIEW
The City represents that in implementing Section 508 of the City of San
Bernardino’s new Charter that became effective on January 31, 2017, the following
provisions shall be included as part of the City’s uniform policies:
a) Article I, Section 5, Contract for Services
b) Article II, Section 4, Grievance Procedure
c) Article II, Section 6, Skelly Rights
d) Article II, Section 7, Non-Discrimination
e) Article II, Section 8, Personnel Files
f) Article II, Section 9, Bulletin Boards
g) Article IV, Section 4, Education Tuition Assistance
h) Article IV, Section 6, Employee Assistance Program (EAP)
i) Article V, Section 5, Catastrophic Leave
j) Article V, Section 6, Injury Leave
k) Article V, Section 7, Leave of Absence without Pay
l) Article V, Section 8, Witness Leave
m) Article V, Section 11, Military Leave
n) Article V, Section 12, Jury Duty
o) Article VI, Section 2, Physical Examinations
p) Article VI, Section 3, Probationary Period
q) Article VI, Section 4, Seniority
r) Article VI, Section 5, Reasonable Suspicion Drug and Alcohol Testing
The above Sections will be attached to this MOU as Appendix A and will be
considered as part of this MOU. In addition, these Sections will be included as part of the
City’s uniform personnel policies and/or part of the City of San Bernardino’s Municipal
Code.
Section A1 – Contract for Services
It is not the intent of the City to cause employees to lose their jobs because of a decision
to contract work. If a decision is made by the City to contract work not now contracted,
and that decision will result in change in the work conditions or status of employees in the
unit, the City agrees to meet and confer in good faith with the Association prior to making
a final recommendation to the City Council.
If the City puts out a bid for contract services, the affected department will have the
opportunity to bid for services. Contract awards are subject to the City Council approval
and will not be part of this agreement.
Section A2 - Grievance Procedure
Definition of Employee Grievance: A grievance is an alleged violation of the terms of the
MOU or of the laws, ordinances, resolutions concerning or affecting wages, hours or other
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conditions of employment. The remedy selected by the employee shall be the exclusive
remedy pursued, either through the grievance procedure or through disciplinary appeals
to the Personnel Commission. If the employee chooses to appeal disciplinary action to
the Personnel Commission, they shall be precluded from filing a grievance.
Additionally, allegations of discrimination and harassment shall be submitted to the Equal
Employment Officer. The Equal Employment Officer/Director of Human Resources may
recommend that the matter be brought as a formal grievance.
As used in this procedure, the term "immediate supervisor" means the lowest level of
supervisor not within the general employee representation unit. The procedure provides
a mechanism for settling the grievance informally with the "immediate supervisor," up to
and including the Division Head.
If this proves unsatisfactory, the grievance may be formally presented to the Department
Head or designee, the Director of Human Resources, and finally to the City Manager who
will be the ultimate authority.
The aggrieved employee shall have the right to be represented, if they desire, by the
designated Association representative.
Working Day: As used in this section, "working day"' shall refer to the employee’s working
day or to the working day of the other party involved (supervisor, Division Head,
Department Head, Director of Human Resources, City Manager and/or their designees),
depending upon whose response or action is pending.
Procedural Steps for Handling Grievances:
A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances
on an informal basis between the employee and a supervisor in the employee's chain of
command, up to and including the Division Head. Oral presentation of 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. The date and the
subject of the incident should be provided with the request for the informal meeting. Within
ten (10) working days of the presentation of the grievance, the supervisor shall provide
an oral response to the employee. The supervisor will document (for record purposes)
their response to the employee in the event the grievance proceeds to the Formal level.
B. Formal:
1. If the grievance is not adjusted to the satisfaction of the employee
involved, the grievance shall be submitted in writing by the employee or their designated
representative to the Department Head or their designee within ten (10) working days
from the date of the oral response. The Department Head or their designee shall meet
with the employee and/or their designated representative within the next ten (10) working
35
days of receipt of the written grievance and shall deliver their answer in writing to the
employee within ten (10) working days after the meeting.
2. If the grievance is still not adjusted, the aggrieved party may file a
written appeal with the Director of Human Resources within ten (10) working days from
the date of delivery of said answer. The Director of Human Resources or their designee
shall meet with the employee, and if the employee desires, the designated Association
representative, within ten (10) working days after receipt of the appeal, shall deliver their
answer in writing to the employee within ten (10) working days after the meeting.
3. If the grievance is still not adjusted, the aggrieved party may file a
written appeal with the City Manager or their designated representative within ten (10)
working days from the date of delivery of said answer.
The City Manager or their designated representative shall deliver their answer in
writing within ten (10) working days after receipt of the appeal.
4. The decision of the City Manager or their designated representative
is final and binding on all parties, unless reversed by a court decision.
5. All grievances shall be treated as confidential, and no publicity shall
be given the final resolution of the grievance.
C. Time Limits: Any grievance not answered by the City within the specified time limit
listed above shall be deemed settled on the basis of the Association’s original demand.
Likewise, any specified adjustment not appealed by the employee or their designated
representative within the specified time limits listed above shall be deemed settled on the
basis of the last City official's answer. Time lines as above may be extended by mutual
agreement only.
D. Consolidation of Grievances: In order to avoid the necessity of processing
numerous similar grievances at one time, a single "class" grievance may be filed as long
as the grievances are from employees within a single department. The City also has the
right to consolidate responses to such grievances. If the grievant is a group of three (3)
or more employees within a department, the group shall appoint one (1) or two (2)
employees who signed the grievance to speak for the collective group throughout the
grievance process.
Section A3 - Skelly Rights
It is mutually agreed that the City subscribes to the concept and application of progressive
discipline. Discipline shall be imposed upon an employee only for just cause.
If the employer has reason to reprimand an employee, it shall be done in a manner that
will not embarrass the employee before other employees or the public.
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When an action for suspension or termination has been taken, subject to appeal, the
employee will be apprised of the action, the reason therefore, and will be provided with a
copy of the charges including material on which the action was based. Employees have
the right to Association representation as provided under Government Code Section 3500
et seq. (Meyers-Milias-Brown Act).
A. The employee shall receive reasonable advance notice of the proposed
disciplinary action per the City’s Personnel Rules.
B. The notice shall contain the reasons, charges, and statement of the events or
circumstances upon which the proposed action is based.
C. The employee shall be given the materials, if any, upon which the action is based.
D. The employee shall have the right to respond either orally or in writing within five
(5) working days of receipt of Skelly package to the appointing authority (Department
Head/Division Head) imposing the discipline.
E. The disciplinary procedure should be used for all serious disciplinary actions,
which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and,
(4) suspensions.
Section A4 - Non-Discrimination
The City and the Association agree that there shall be no discrimination against
employees within the bargaining unit because of race, color, religious creed, national
origin, ancestry, sex, age, marital status, physical disability, medical conditions, sexual
orientation, pregnancy, childbirth or related medical conditions of any female employee,
any other classification protected by law, or Association membership or any other
protected class as defined under applicable state and federal laws. Association
membership also includes Association activities.
Further, there shall be no discrimination against qualified individuals with disabilities as
defined by the Americans with Disabilities Act (ADA) of 1990, as amended, when those
individuals do not pose a risk to the health or safety of themselves or others. The ADA
expressly identifies reassignment to a vacant position as one form of reasonable
accommodation.
Section A5 - Personnel Files
A. The Human Resources Department shall keep and maintain an official personnel
file for employees, which shall contain information relative to the employee. No other files,
records or notations shall be official except as may be prepared or used by the City or its
counsel in the course of preparation for any pending case, such as the Department of
Fair Employment and Housing or Personnel Board matter or grievance.
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B. An employee's department may maintain a file pertaining to an employee, which
shall contain job-related information only. It shall be the supervisor's responsibility to
inform the employee, with a copy thereof, of any detrimental material in the file that may
affect the employee's performance evaluation. An employee may grieve over the
factuality of, or propriety of, any material in such file. Such files shall be confidential. Both
the City and the Association agree that an employee's failure to challenge any material in
such file does not justify the conclusion that the employee is in agreement with any such
materials. Such files shall not contain a copy of any disciplinary action against an
employee.
C. Employees and/or their authorized representatives, if authorized by the employee,
shall have the right upon written request to review the contents of their official personnel
files and department files. Such review may be made during working hours with no loss
of pay for time spent, and the employee may be accompanied by their authorized
representative if they so wish. Reasonable requests to copy documents in the files shall
be honored.
D. A copy of any disciplinary action or material related to employee performance,
which is placed in the personnel file, shall be served upon the employee (the employee
so noting receipt), or sent by certified mail (return receipt requested) to their last address
appearing on the records of the City. It is the obligation of each employee to provide the
City with their current address.
E. A full-time, permanent employee shall have thirty (30) working days in which to file
a written response to an employee performance evaluation entered in his or her personnel
file. Such written response shall be attached to the employee performance evaluation.
The thirty (30) working days will commence with the date the employee receives the
evaluation for signature. The Human Resources Department will distribute to all City
departments a memorandum explaining employee performance evaluation response
procedures for Police Dispatch employees.
F. Employees may request that any documents contained in the file of a derogatory
nature will be purged from their files after a period of twenty-four (24) months and no
further actions have occurred similar in nature. The department head shall review said
request and notify the employee and the SBPDA of their decision in writing within seven
(7) calendar days. After review by the Department Head, if the employee is not satisfied
with the outcome, the employee may request that the City Manager and/or the Director
of Human Resources review all requests to purge negative items from personnel files.
The decision of the City Manager and/or the Director of Human Resources as to what will
be purged from the personnel files shall be final and binding.
Section A6 - Bulletin Boards
The City will provide adequate space on bulletin boards in each department/division for
the purpose of the Association posting notice of pertinent Association business. The
Association agrees that nothing libelous, obscene, defamatory or of a partisan political
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nature shall be posted. In the event that there is a dispute arising out of the pertinence of
any literature the Association chooses to post, the City Manager or their designated
representative and an Association representative will meet as soon as possible to resolve
the problem.
Section A7 – Education Tuition Reimbursement
A. Purpose: The education tuition assistance program has been established to
encourage the employees of the City to take college courses and special training courses,
which will better enable them to perform their present duties and prepare them for
increased responsibilities and to provide financial assistance to eligible employees for
education and training.
B. Procedures:
1. To be eligible for tuition reimbursement employees must complete an
“Education Reimbursement Form” prior to the start date of the course and
submit it to their Department Head for advanced approval.
2. When approved and signed by the Department Head, the form will be
forwarded to Human Resources for review and verification of availability of
budgeted funds. If approved, the forms will be returned to the employee to
maintain until the completion of the course.
3. The employee will submit their copy of the pre-approved application for
reimbursement within sixty (60) calendar days of the completion of the
course. A copy of the final grade and the appropriate receipts for tuition and
textbooks must be attached for reimbursement. If objective ratings are not
rendered for a specific course, then a certificate of successful completion
must be submitted. Applications not submitted to the Human Resources
Department within the established time frame following the completion of
the course become void.
4. Once all paperwork has been forwarded to Human Resources for
reimbursement and HR has determined that it is in compliance with the
outlined conditions it will be forwarded to Finance for payment.
5. Reimbursement is not authorized for courses for which the employee is
receiving financial assistance from other sources such as the GI Bill,
scholarships, and similar sources.
C. Eligibility:
To be eligible for tuition reimbursement an employee must:
1. Be considered a full time, regular employee who has completed probation.
39
2. Enroll in courses that are directly related to the employee’s job or directly
related to a promotional position.
3. Enroll in courses that are required to qualify for a degree that is related to
the employee’s job.
4. Enroll in courses given by accredited colleges, universities, or adult
education courses under the sponsorship of the Board of Education.
5. No mail-order courses will be approved.
Workshops, seminars, conferences, and similar activities not identifiable as a
formal course of instruction within the recognized educational institution do not fall within
the purview of this program.
D. Reimbursement:
1. Reimbursement costs will consist of tuition, registration fees, or textbooks
for each course. Additional expenses such as meals or parking fees are not
reimbursable.
2. Costs for required texts are eligible for fifty percent (50%) reimbursement.
The employee may retain the books.
3. Maximum tuition and book reimbursement is $125 per semester. Summer
session shall be considered a separate semester for purposes of this
provision.
Section A8 – Employee Assistance Program (EAP)
The City’s Employee Assistance and Counseling Program (EAP) is designed to help
employees and their immediate families find direction in solving personal or emotional
problems. All counseling services are completely confidential. The Human Resources
Department maintains a supply of brochures explaining the program more fully.
Section A9 – Catastrophic Leave
Upon request of an employee who is experiencing catastrophic illness, and upon
approval of the City Manager and/or Department Head, an employee’s vacation or holiday
leave credits may be transferred from one or more employees to the affected employee
under the following conditions:
A. The employee with a catastrophic illness or injury has exhausted all other leave
accruals and has completed at least one (1) year of continuous service with the City.
40
B. The donation must be in four (4) hour increments of by employees who have
completed at least one (1) year of continuous service with the City.
C. Employees may not donate leave they would otherwise forfeit. For example,
employees who are separating from City employment may donate leave only up to the
amount of the payment they would receive upon separation. Only post-petition leave may
be donated or transferred. Sick leave accruals cannot be transferred among employees.
D. Donations shall be on a form developed by the Human Resources Department
Head, signed by the donating employee, approved by the Department Head and verified
by the Finance Department. Procedures shall be as approved by the City Manager.
E. Unused donated time that has been credited to the requesting employee’s account
will not be returned to the donor’s account, nor can donated time be cashed out
Section A10 - Injury Leave
Effective with the first day of necessary absence by an injury or illness arising out
of, and in the course of, their duties the eligible employee shall be protected by workers’
compensation benefits. Upon written request by the employee accumulated sick,
vacation, holiday and compensatory time credit can be utilized to supplement the amount
of temporary disability (2/3 of average weekly earnings) to not exceed the total sum of
payment equal to their normal weekly compensation. The utilization of sick leave for this
purpose shall end with the termination of the temporary disability or when the
accumulated sick leave credits have been exhausted, whichever occurs first.
How to file a workers’ compensation claim?
When an employee believes to have sustained an injury or illness arising out of, and in
the course of, their duties, the employee should immediately notify their supervisor. The
supervisor is required to provide the injured employee an “Employee’s Claim for Workers’
Compensation Benefits (DWC-1 Form)” within 24 hours from the date of knowledge. Once
the injured employee returns the completed DWC-1 Form, the supervisor will then need
to complete “Report of Occupational Injury or Illness (5020 Form)” in order to document
the date, time and description of incident. The supervisor should then refer to the workers’
compensation injury report kit to complete the claim. In the event the employee is unable
to prepare the form due to hospitalization, serious illness or injury; the supervisor or a
member of the department/division staff shall prepare the required report.
The employee has the right to be examined and treated by a physician of their choice, as
long as a predesignating of physician form has been signed off by both the employee and
predesignated physician at the time of injury or illness, as required by the California Labor
Code.
The City shall have the right to require the employee to be examined by a physician
designated by the City to assist in determining the length of time during which the
41
employee is unable to perform the assigned usual and customary duties, and if the
disability is attributable to the “injury involved.”
Section A11 - Leave of Absence without Pay
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 City Manager for a period not to exceed six (6) months, upon the positive
recommendation of the Department Head. Under justifiable conditions, said leave may
be extended by the City Manager for additional periods. Leave of absence without pay
will be considered favorably, if it is 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 of interest to the City. Examples of or conditions for which a leave of absence
without pay may be granted are:
A. For an employee who is a disabled veteran requiring medical treatment;
B. For an employee who is temporarily mentally or physically unable to perform their
duties;
C. For an employee who files for or assumes elected office;
D. For maternity or paternity leave beyond that required by federal and state law,
upon the recommendation of a physician;
E. For military leave when the employee has less than one (1) year of service to
qualify for leave with pay;
F. For Association activities, upon designation by the Association.
An approved leave of absence without pay for sixty (60) days or less in any
calendar year will not be considered a break in service. Leave in excess of sixty (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 abandonment of the position and shall be prosecuted consistently
therewith.
Unless otherwise required under State of Federal law, the City's contribution
towards an employee's health and life insurance premium will not be extended beyond
the last day of the month in which a leave of absence without pay begins, if the leave of
absence without pay becomes effective during the first fifteen (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 fifteenth day of the month, unless the employee returns to
work from leave of absence without pay status prior to the date the City's contribution
42
would be accumulated. In the event the employee desires to maintain full health and life
insurance coverage while on leave of absence without pay status, they may arrange to
pay the insurance premiums for the coverage desired (both the employee and employer
portions). It is the responsibility of the employee to contact the City's payroll section in
this regard. The payment of the amount of the premiums must be made to the City's
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 their
employment with the City is terminated.
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 terminated
between the first and the fifteenth day of the month, or on the first day of the next
succeeding month, if the leave of absence without pay terminates after the fifteenth day
of the month.
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 their employment
with the City.
In circumstances in which the Federal Family Medical Leave Act, the California
Family Rights Act, California Pregnancy Disability Leave Law, American with Disabilities
Act (ADA), Pregnancy Discrimination Act or Fair Employment and Housing Act apply, the
City shall adhere to the requirements of the applicable laws and regulations with respect
payment of health benefits and granting of leaves. Employees requesting leave under the
provisions of these referenced laws should direct such requests to the Human Resources
Department.
Section A12 - Witness Leave
Employees shall only be entitled to a paid leave of absence when subpoenaed to
testify as a witness in civil litigation involving the City, such subpoena being properly
issued by a court, agency or commission legally empowered to subpoena witnesses. This
benefit shall not apply in any case in which the subpoenaed employee is a party to the
action. Witness leave shall not be charged against any accumulated leave balances and
shall be compensated at the employee's base hourly rate. Employees shall only be
entitled to paid witness leave if they provide a copy of the subpoena to the City within
twenty-four (24) hours of receipt.
Section A13 - Military Leave
Unit members on leave for military duty shall be compensated pursuant to California
Military and Veterans Code Sections 395, et seq. and the Federal Uniformed Services
Employment and Reemployment Rights Act (38 U.S.C. §§ 4301 et seq. The specific
compensation and reemployment rights of individual employees shall be determined
43
based upon the applicable requirements of the aforesaid State and Federal law, copies
of which may be obtained through the Department of Human Resources. All military
service shall be counted as City service when calculating whether the employee has
twelve (12) months of service with the City.
Replacements for unit members on military leave will be hired with regular (rather than
temporary) position status. However, they will be subject to layoff when unit employees
on leave return.
Section A14 - Jury Duty
Every general permanent employee of the City of San Bernardino and every
employee, whose position is funded under federal law or is employed in a federally funded
position, if such benefit is required by said federal law, are covered by this section.
Employees shall provide prior notice to their supervisors regarding jury service. In
cases where the completion on any day of such jury service does not exceed a period of
four (4) hours duration of the employee's assigned work shift, it shall be the responsibility
of the employee to return to work within a reasonable time after their release or discharge
from such jury service on that day. However, where such employee is required to continue
in jury service for a period in excess of four (4) hours duration on any such regularly
scheduled working day, said employee shall not be required to work on that same day of
their release or discharge from jury duty. If the start of the employee's shift is two (2) hours
or more prior to the commencement of jury duty, the employee shall be required to report
to work. This is subject to adjustment based on the location of jury service.
Under such circumstances of compensable jury service, every general permanent
employee or every federally funded general employee as aforesaid, shall be paid their
regular pay, less jury duty fees while serving on jury duty, provided a copy of all jury fees
paid to the individual employee, less automobile expenses allowed, are submitted to the
City Finance Department.
Employees shall notify their superiors of any call for jury service promptly upon
receipt of notice thereof, and of any absence from duties due to such jury service in order
that a replacement or substitute may perform their duties. When an employee fails to
promptly report the receipt of a call to jury service when so required, or fails to promptly
notify their superiors regarding the absence for jury service, said employee shall be
considered as absent without leave and no salary compensation shall be paid.
In the event, during the course of any jury service, an employee is ordered by a
judge or other officially recognized judicial body into a state of sequester, the employee
shall be paid the regular wage during such time of sequester without supplement from
any accrued bank of time.
Any employee who is summoned to Grand Jury Service shall be entitled to all
benefits, restrictions and requirements of this section.
44
The City will pay for all working days and/or partial days in a calendar year of a
covered employee who is required to serve jury duty.
Whenever a covered employee is duly summoned as a witness, except where the
employee is a litigant or defendant in a criminal case or any action brought about as a
result of his or her own misconduct, he or she shall receive regular compensation for any
regularly scheduled working hours spent in actual performance of such service.
Section A15 - Physical Examinations
The City shall pay medical fees for the physical examination of any unit member
within the unit of representation when such examination is required and directed by the
City after employment. The City may arrange with a physician or medical group for such
examination, or if the situation warrants, the City may authorize an employee to be
examined by a doctor of their choice. In the event an employee is authorized to be
examined by a doctor of their choice, reimbursement shall be made by the City for the
cost thereof, provided, however, that the amount of reimbursement shall not exceed the
cost the City would have paid its contract physician or medical group.
Section A16 - Probationary Period
All new or newly promoted employees must serve a one (1) year probationary
period.
Section A17 – Seniority
Department Heads will consider seniority in authorizing vacations, scheduling shift
assignments and transfers. Seniority shall prevail when all other factors are not
significantly different. "All other factors" is defined as special qualifications, skills, work
performance, as well as attendance and safety. An employee shall not attain seniority
until the completion of a probationary period, upon which time the seniority date shall be
from the last date of hire within the department, division or section. In the event of layoffs,
due to lack of work or funds that the department deems it necessary to reduce the working
force, the last employee hired within the classification so reduced shall be the first laid off
unless they possess special qualifications or whose loss of skills would adversely affect
the public welfare or has superior work performance that can be documented. An
employee shall be given at least thirty (30) days notice prior to layoff.
Section A18 - Reasonable Suspicion Drug and Alcohol Testing
In addition to employees already covered under the Department of Transportation
(DOT) drug and alcohol testing, all Police Dispatch employees will participate in
reasonable suspicion drug and alcohol testing, following the reasonable suspicion
Drug/Alcohol Testing Procedure described in the City of San Bernardino's Policy on Drug
and Alcohol Testing of Employees with Commercial Driver's Licenses (“Policy”), effective
August 1, 2013. The Human Resources Department will review, update, and develop
45
forms and procedures to implement the City’s Drug/Alcohol Testing Policy. For purposes
of this Section, the provisions of the Policy are binding and are incorporated herein.
If a supervisor has a reasonable suspicion that an employee has been abusing
drugs or alcohol, that supervisor will take one of the steps listed below prior to referring
an employee for a test, and will document their observations on a reasonable suspicion
checklist:
A. Seek the concurrence of another supervisor if a second supervisor is in the
immediate vicinity; or,
B. Notify their Department Director, Assistant Director, immediate supervisor or the
Human Resources Department if a second supervisor is not in the vicinity.
The conduct of the employee must be witnessed by a supervisor who has received
training consisting of at least two (2) hours on identification of actions, appearance or
conduct which are indicative of the use of drugs or alcohol. A supervisor must directly
observe and document the behavior. Reasonable suspicion may not be based on
hearsay.
Training will be coordinated by the Human Resources Department in accordance
with the provisions of the Policy.