HomeMy WebLinkAboutMC-338
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ORDINANCE NO.
nC-338
ORDINANCE OF TIlE CITY OF Sfu\l BERNARDINO ADDING CHAPTER 1.28
TO THE SAN BERNARDINO MUNICIPAL CODE AND FINDING THE EXISTENCE OF
AND DECLARING AN ADMINISTRATIVE AlJD LEGISLATIVE PRACTICE AND
INTERPRETATION OF CHARTER SECTION 186 CONCERNING SALARIES OF
POLICE OFFICERS AND FIREFIGHTERS.
THE MAYOR AND CO~~10N COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Title 1 of the San Bernardino Municipal Code is
amended by adding thereto Chapter 1.28 to read:
"Chapter 1.28
ADMINISTRATIVE AND LEGISLATIVE
INTERPRETATION AND PRACTICE - CHARTER
1.28.010 Administrative and legislative practice - Charter
interpretation.
The Mayor and Common Council find and determine that various
provisions of the Charter of the City have been administratively
and legislatively interpreted and implemented by practice over a
period of time and that such provisions have acquired a meaning
upon which the local government, the public, taxpayers and
affected employees have relied. This chapter is a declaration of
existing law and practice and not an amendment or change therein.
1.28.020 Police and fire salaries.
Charter Section 186 Second, Article X, since its amendment
In 1976, by administrative and legislative practice has con-
sistently been interpreted in a manner that the phrase ". the
monthly salaries, paid or approved for payment to local safety
members of like or most nearly comparable positions of the police
and fire departments of ten cities of California .
.", as used
to determine the monthly salaries of local safety members of the
San Bernardino Police and Fire Departments by arithmetic
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averaging, refers to those monthly salaries set by resolution or
motion of the legislative bodies of such ten cities setting forth
salary plans consisting of money to be paid at various ranges and
steps within the ranges for each position and which amounts the
cities report to the United States Internal Revenue Service and
the California Franchise Tax Board as wages or income. Any other
compensation or remuneration paid or approved for payment to local
safety members in such cities, regardless of how calculated, when
paid or in what form, or however denominated, have not been
included within "monthly salaries" as that phrase is used in
Charter Section 186 and are not "monthly salaries" within the
meaning of Charter Section 186. All such other forms of compensa-
tion or remuneration are fringe benefits which have been
negotiated in good faith meet and confer sessions.
1.28.030 Setting of salaries and fringe benefits for public
safety employees.
Salaries, as interpreted and defined in Section 1.28.020, of
police and fire local safety employees are and shall be determined
in accordance with the procedure set forth in Section 186 of the
City Charter. Fringe benefits are not limited by or included
within the scope of Section 186 and are and shall be determined
in good faith negotiations pursuant to the employer-employee
relations resolutions implementing the Meyers-Milias-Brown Act."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an Adjourned Regular meeting thereof, held
on the 23rd day of January , 1984, by the followin
vote, to wit:
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MC- 338 .
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AYES:
Council Members Castaneda, Reilly, Harks, Quiel,
Frazier, Strickler.
NAYS:
None.
Council Member Hernandez.
ABSENT:
.#Jp/~~
,/ City Clerk
The :foregoing ordinance is hereby approved this ,:;).,571. day of
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Ii Approved as to form:
I&~~
, 1984.
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