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HomeMy WebLinkAbout32-Personnel 'CITY OF SAN BERN~DINO - REQUEST lOR cauNCIL ACTION From: Gordon R. Johnson Subject: Resolution approving an MOU between the City of San Bernardino and the San Bernardino Police Officers Assoc- iation and repealing resolution 89-74 Dept: Personnel Dati: August IS, 1989 Synopsis of Previous Council ection: On March 13, 1989, the Council adopted resolution no. 89-74 approving an agreement between the City and the Police Officers Association. f';ry w:... "'11 ("'" J~;o.. .. ~/;; !-;, - t..,-, ~!.. I.',J ,~ :".:.,:.f ~ .") e ''''1 J~"" ;'1 Recommended motion: Adopt resolution. ~..t,f ~ Contact person: Gordon R. Johnson Supporting data attached: Yes Phone: 384-5161 Ward: nla FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: :2~. 'CITY OF SAN BERNClDINO - REQUEST lOR COUNCIL ACTION STAFF REPORT On November 30, 1988, the Police Officers' Association's MOU with the City expired. On March 13, 1989, the Council adopted resolution no. 89-74 summarizing an agreement to modify the old MOU plus all relevant clauses from resolution no. 6433. staff has met with representatives of the Police Officers' Association and completed a new MOU which incorporates the MOU which expired on November 30, 1988, the changes listed in resolution no. 89-74, and all relevant clauses from resolu- tion no. 6433. The attached resolution adopts the new MOU and repeals resolution no. 89-74. GRJ : j r 8-15-89 7o;;.n:)jI;4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i'i.. o o Resolution No. RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE OFFICERS' ASSOCIATION. WHEREAS the designated representatives of the Mayor and Common Council and conferred in good faith with met representatives of the San Bernardino Police Officers' Association in accordance with the provisions of Government Code Sections 3500-3510, to agree upon a new Memorandum of Understanding (MOU); WHEREAS such meetings resulted in agreement on an MOU (Exhibit A) effective December 1, 1988, through November 30, 1991. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours and working conditions for employees in the Police Safety bargaining unit of the City of San Bernardino. SECTION 2. RESOLUTION NO. 89-74 is hereby repealed. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1989, by the following vote to wit: 1 2 3 4 5 6 7 8 9 10 11 RE: RESOLUc:bN OF THE CITY OF SAN BE~DINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE OFFICERS' ASSOCIATION. AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1989. W.R. "Bob" Holcomb 12 Mayor of the City of San Bernardino I3 Approved as to form and legal content: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'I , 7,:?-..~.- z.-,-~ 'II' r-.......-_.... ty Attorney Police Officers ~ Memorandum of un~standing o ARTICLE I Section 1 Section 2 Section 3 Section 4 Section 5 ARTICLE II section 1 section 2 section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 section 13 Section 14 ARTICLE III Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 ARTICLE IV Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 TABLE OF CONTENTS ! ADMINISTRATION Definition of Terms Management Rights Mutual Aid Agency Personnel Rules Employees' Rights EMPLOYER-EMPLOYEE RELATIONS Recognition No Strike Payroll Deductions Grievance Procedure Employee Representatives Investigation Rights Non-Discrimination Personnel Files Political Activity Polygraph Examination Financial Disclosure Locker Search Use of City Resources Employer-Employee Relations Committee COMPENSATION Salaries PERS Overtime Assignment to Higher Position On call/Call-back/Stand-by Educational Incentive Court Fines Jury Duty FRINGE BENEFITS Health/Life Insurance Rain Gear/utility Uniforms Books and Tuition Allowance Deferred Compensation Safety Equipment Replacing/Repairing Personal Property Service Pins 890814 jr MJ/PD-TOC GRJ ~ 1 2 4 4 5 7 7 7 8 9 15 16 21 21 22 22 23 23 24 25 26 26 28 29 30 31 32 33 33 36 36 38 38 39 39 40 41 11 -. o o Table of Contents --San Bernardino Police Officers ARTICLE V LEAVES 42 section 1 Vacations 42 Section 2 Holidays 46 Section 3 sick Leave 48 Section 4 Payment for Unused Sick Leave 52 Section 5 Injury Leave 53 Section 6 Leave of Absence Without Pay 54 Section 7 Mil i tary Leave 58 ARTICLE VI WORKING CONDITIONS 60 Section 1 Shift Schedules 60 Section 2 Shift Change 61 Section 3 Probationary Period 62 Section 4 Seniority 62 Section 5 Re-employment 63 Section 6 Physical Examinations 63 ARTICLE VII GENERAL PROVISIONS 64 Section 1 Waiver Clause 64 Section 2 Severability 64 Section 3 Printing of Memorandum of Understanding 65 Section 4 Term of Memorandum of Understanding 65 Section 5 Notice of Intent to Reopen 65 Section 6 Settlement Agreement 66 Section 7 Mutual Release 67 Section 8 Prevailing Benefits 68 Exhibit 1 890814 jr MJjPD-TOC GI0 !ill; Administration Appointing Authoritv Appropriate unit Association Chief City continuous Service Deoartment Division Emolovee Employee Oroanization Emplover o ~ o ARTICLE I ADMINISTRATION section 1 Definition of Terms Any elected or appointed official of the city and any employee of the City whose job classification is Management or Confidential employee. The Chief or Assistant Chief of the San Bernardino Police Department. Those positions recognized as belonging to the unit covered by the terms of this MOU. The San Bernardino Police Officers Association (SBPOA). The Chief of Police of the City of San Bernardino. The City of San Bernardino. 5/6 of the available compensable days within the 12 month period immediately preceding the date of the employee's return to service: 217 days for employees working 8 hour shifts and 173 days for employees working 10 hour shifts. The San Bernardino Police Department. Anyone of the major Divisions of the Department. All Safety personnel within the class- sifications in this appropriate unit. The San Bernardino Police Officers' Association (SBPOA). Shall include the dino, the Police city of San Bernar- Department, or any - PAGE 1 - 890814 jr MJ/PDMOU-2 GRJ o Management or Admin(:lrative repre- sentative or Elected Official thereof. Gender The masculine gender also includes the feminine. Mandatory and Permissive "Shall" is mandatory, "May" is per- missive. Memorandum of Understanding/ M.O.U. Shall mean the between the City the unit. contractual obligation and the employees of Singular and Plural The singular also includes the plural. The present tense shall also include the past and future. Tense Workinq Dav 8 hours unless otherwise stated. Section 2 Manaqement Riqhts This Resolution shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers, and authority which the City had prior to entering into this MOU, except to the extent that the provisions of the MOU specifically curtail or limit such rights, powers, and authority. Furthermore, the City retains all rights, powers, and authority under City Charter, Ordinances, ReSOlutions, State and Federal Law, and expressly and exclusively to: determine the mission of its constituent departments, commissions, and boards: set standards of selection for employment and promotion: direct its employees; establish and enforce dress and grooming standards; maintain the efficiency of governmental operations: determine the methods, means, - PAGE 2 - 890814 jr MJ/PDMOU-2 GRJ MEMORANDUM OF UNrOTANDING -- SAN BERNARDINO POLICE OFFICERS o numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City issued wearing apparel, equipment or technology to be used, provided that no such measures which threaten the safety of employees shall be adopted; determine and/or change the facilities, methods, technology, means, organizational structure, size and composition of the work force and allocate and assign work by which the City operations are to be conducted provided, however, that no such measures which threaten the safety of employees shall be adopted; determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but' not limited to, the right to contract for or sub-contract any work or operations of the City; assign work to and schedule employees in accordance with requirements as determined by the City, and establish and change work schedules and assignments as set forth in the MOU; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline employees in accordance with the applicable law; establish employee performance standards including, but not limited to, quality and quantity - PAGE 3 - 890814 jr MJ/PDMOU-2 GRJ MEMORANDUM OF U~STANDING -- SAN BERNARDINO POLICE OFFICERS o standards; carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Section 3 Mutual Aid Nothing herein shall in any way be construed to limit the use of any public safety agency or any member in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this article be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is indeed necessary or desirable by the jurisdictions or the agencies involved. Section 4 Aqencv Personnel Rules It is understood and agreed that there exists within the City the "civil Service Rules and Regulations for the Classified Service"; Resolution No. l0584, 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. These documents will continue in effect, except for those provisions modified by the Common Council in - PAGE 4 - 890814 jr MJ/PDMOU-2 GRJ MEMORANDUM OF U~STANDING -- SAN BERNARDINO POLICE OFFICERS o accordance with State Laws, orders, regulations, official instructions or policies. In the case of proposed changes, by other than agreement, the city shall consult with the Association, or meet and confer when required by statute. In cases of emergency, the Association and City will meet as soon as possible after the changes. Section 5 EmDlovees' Riahts Employees shall have all the rights which may be exercised in accordance with State Law, the Charter, and applicable ordinances, resolutions, rules and regulations. (a) The right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. (b) The right to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City. (c) The right to be free from interference, intimida- tion, restraint, coercion, discrimination, or - PAGE 5 - 890814 jr MJ/PDMOU-2 GRJ ~- MEMORANDUM OF UN~STANDING -- SAN BERNARDINO POLICE OFFICERS o reprisal by other employees, employee organiza- tions, management or supervisors, as a result of their exercise of rights indicated in (a) and (b) above. - PAGE 6 - 890814 jr MJ/PDMOU-2 GRJ _,\Cc-..,'7---. -~ MEMORANDUM OF UNOSTANOING -- SAN BERNARDINO POLICE OFFICERS o ARTICLE II EMPLOYER-EMPLOYEE RELATIONS Section 1 Recoanition Formal recognition of the Association is acknowledged for purposes of meeting and conferring on wages, hours, working conditions, and other terms and conditions of employment and of general representation of its members. The Association has been recognized formally as the majority representative of the appropriate unit composed of Police Officers and other sworn, non-management positions in the San Bernardino Police Department, including but not limited to the following classifications: Police Officer, Juvenile Officer, Detective, Senior Identification Inspector and Sergeant. Section 2 No strike It is the purpose of the MOU for the parties hereto, to confirm and maintain the spirit of cooperation which has heretofore existed between the City of San Bernardino and the employee organization. It is recognized that any work disruptions are unproductive to city operations and services provided its citizens. The Association and City hereby agree that they shall at no time nor in any way jeopardize the - PAGE 7 - 890814 jr MJjPDMOU-2 GRJ - MEMORANDUM OF UN~STANDING -- SAN BERNARDINO POLICE OFFICERS o 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 provided continuous and uninterrupted employee services. It is, therefore, further agreed that the Association shall not, on behalf of itself and its members, individually or collectively, engage in any curtailment or restriction of work, including but not limited to "blue flu" or strikes, at any time during the term of this MOU. Section 3 Payroll Deductions It is agreed that the Association membership dues, insurance and premiums for plans sponsored by the Association shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to the Association within 30 days after the conclusion of the month in which said membership dues and insurance premiums were deducted. The City shall not be liable to the Association, - PAGE 8 - 890814 jr MJ/PDMOU-2 GRJ - -- MEMORANDUM OF UNdC)STANDING -- SAN BERNARDINO POLICE OFFICERS o employees, or any other persons by reason of the requirements of this section for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Association shall hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the City under this section. Section 4 Grievance Procedure A. PURPOSE The City of San Bernardino and the Association realize the importance of a viable Grievance Procedure to aid in the resolution of disputes among employees, supervisors and management. It is recognized that, to maintain high employee morale and harmonious relations, an orderly method of pro- cessing grievances is necessary. This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints. The representative of employees and management at all levels will make contin- uing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the - PAGE 9 - 890814 jr MJ/PDMOU-2 GRJ , . ~ .~~'~'-- MEMORANDUM OF UN~STANDING -- SAN BERNARDINO POLICE OFFICERS o informal process. The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on his/her standing with his/her supervisors or hiS/her loyalty as a City employee, not be a reflection on the employee's supervisor or the department involved unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process. B. DEFINITION A grievance is an alleged violation of the terms of this MOU. Appeals arising out of Civil Service examinations shall be submitted directly to the civil Service Board. Allegations of discrimination shall be submitted to the Affirmative Action Officer. C. REPRESENTATION The aggrieved employee shall have the right to be repre- sented. This representation may commence at any step in the Grievance Procedure. Legal Counsel and/or official repre- sentatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one representative for any employee at - PAGE 10 - 890814 jr MJ/PDMOU-2 GRJ MEMORANDUM OF UN~TANDING -- SAN BERNARDINO~OLICE OFFICERS o anyone time, unless he/she so desires. If the employee's Legal Counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the M.O.U. D. CONSOLIDATION OF GRIEVANCES In order to avoid the necessity of processing numerous similar grievances at one time, a single grievance may be filed. E. TIME LIMITATIONS Time limitations are established to settle a grievance quickly. Time limits may be modified by agreement of the parties. If at any stage of the Grievance Procedure the grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal grievance may be entertained in or advanced to any step if the parties jointly so agree. F. STEPS IN THE GRIEVANCE PROCEDURE The procedures outlined herein constitute the informal and - PAGE 11 - 890814 jr MJ/PDMOU-2 GRJ . MEMORANDUM OF UN~TANDING -- SAN BERNARDINO POLICE OFFICERS o formal steps necessary to resolve an employee's grievance. An attempt to settle the grievance in the informal structure at the employee-supervisor level is required. The grievance must be submitted to the Informal Step within 10 working days after the employee is aware of the conditions precipitating the grievance. 1) Informal: Initially, the grieving employee shall, on a personal face-tc-face basis, discuss his/her complaint with hiS/her immediate supervisor informally. Within 5 working days, the supervisor shall give his/her decision to the employee orally. 2) Formal: step 1. Written Grievance to Supervisor If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to his/her immediate supervisor. This must be accomplished within 10 working days of being informed of the supervisor's informal decision. within 5 working days of receiving the written notification of the employee's grievance, the supervisor may meet with the employee and thoroughly discuss the grievance. The employee may appear personally and may be represented by a representative of hiS/her choice. In - PAGE 12 - 890814 jrMJ/PDMOU-2 GRJ --- . . MEMORANDUM OF UN~STANDING -- SAN BERNARDINO POLICE OFFICERS o any event, the supervisor shall give a written decision to the employee within 5 working days after receipt of the written grievance. step 2. Meet with Division Head If the grievance has not been satisfactorily resolved at this level, it may be appealed within 5 working days to the Division Head who may follow the steps outlined in Step 1 above. In any event, the Division Head shall give a written decision to the employee within five working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within 5 working days to the Chief. step 3. Meet with Chief If the grievance has not been satisfactorily resolved at this level, it may be appealed within 5 working days to the Chief who may follow the steps outlined in step 2 above. In any event, the Chief shall give a written decision to the employee within 5 working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within five working days to the Director of Personnel. - PAGE 13 - 890814 jr MJjPDMOU-2 GRJ ~ " .n . 4 MEMORANDUM OF UN~STANDING -- SAN BERNARDINO POLICE OFFICERS o step 4. Review bv the Director of Personnel Within five working days after receiving the appeal, the Director of Personnel shall review the matter and give a decision. If the grievance has not been satisfactorily resolved by the Director of Personnel, the appeal may be made within 5 working days to the next step. Step 5. a. If Final SteD the grievance has not been satisfactorily resolved, the employee may appeal to the final step before the City Administrator. Such appeal shall be made within five working days, in writing, accompanied by the report of the Director of Personnel. b. The city Administrator will be advised of the general nature of the case and will set a time, date and place for hearing the grievance within thirty calendar days. The grievant and the Department will be notified of the date, time and place of hearing. c. Pre-hearing conferences will be held as necessary. Witnesses or documentary evidence will be provided to each of the parties prior to the hearing. d. The decision of the city Administrator will be in - PAGE 14 - 890814 jr MJ/PDMOU-2 GRJ -. ~ -C~.~ , . MEMORANDUM OF mO-STANDING -- SAN BERNARDINO POLICE OFFICERS o writing and transmitted to the parties within seven working days after the close of the hearing. The City Administrator's decision is final and binding On all parties, unless reversed by court decision. e. All grievances shall be treated as confidential and no publicity will be given the final resolution of the grievance. Section 5 Emolovee Reoresentatives When requested by an employee, a Job Representative may investigate any alleged grievance in the Department, and assist in its presentation. The representative shall be allowed reasonable time therefore during working hours without loss of time or pay, upon notification and approval of hiS/her immediate supervisor with the concurrence of the division or department head. The privilege of a Job Representative to leave their work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. - PAGE 15 - 890814 jr MJ/PDMOU-2 GRJ , 1 MEMORANDUM OF UN~STANDING -- SAN BERNARDINO POLICE OFFICERS o A Job Rep will not be granted time off, or compensation, for the purpose of handling grievances outside this unit. The Association shall notify the City of the names of each Job Rep, each January. A ratio of one Job Rep for every sixty permanent employees in the Unit, but not less than four shall be recognized by the city. Section 6 Investiaation Riahts When any employee is under investigation and subjected to interrogation by his/her commanding officer, or any other member of the department, which could lead to punitive action, such interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action is defined as any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. (a) The interrogation shall be conducted at a reason- able hour, preferably at a time when the pUblic safety officer is on duty, or during the normal waking hours for the employee unless the seriousness of the investigation requires otherwise. If such interrogation does occur during off-duty time of the employee being interrogated, the employee shall be compensated for such off duty - PAGE 16 - 890814 jr MJ/PDMOU-2 GRJ , MEMORANDUM OF UN~STANDING -- SAN BERNARDINO POLICE OFFICERS o time in accordance with regular department procedures, and the employee shall not be released from employment for any work missed. (b) The employee under investigation shall be informed prior to such interrogation of the name, rank and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the inter- rogation. All questions directed to the employee under interrogation shall be asked by and through no more than two interrogators at one time. (c) The employee under investigation shall be informed of the nature of the investigation prior to the interrogation. (d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his own personal physical necessities. (e) The employee under interrogation shall not be subjected to offensive language or threatened with - PAGE 17 - 890814 jr MJ/PDMOU-2 GRJ , MEMORANDUM OF UNrOSTANDING -- SAN BERNARDINO POLICE OFFICERS o punitive action, except that an officer refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any questions. The employer shall not cause the employee under interrogation to be subjected to visits by the press or media without his express consent nor shall his home address or photograph be given to the press or news media without his express consent. (f) The complete interrogation of an employee may be recorded. If a tape recording is made of the interrogation, the employee shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The employee shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators to other persons, except those which are deemed by the investigating agency to be confidential. No notices or reports which are deemed to be confidential may be entered in the - PAGE 18 - 890814 jr MJ/PDMOU-2 GRJ , MEMORANDUM OF UN~STANDING -- SAN BERNARDIN~LICE OFFICERS o officer's personnel file. The employee being interrogated shall have the right to bring his own recording device and record any and all aspects of the interrogation. (gl If prior to or during the interrogation of an employee it is deemed that he may be charged with a criminal offense, he shall be immediately informed of his constitutional rights. (h) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters which are likely to result in punitive action against any employee, that employee, at his request, shall have the right to be represented by a representative of his choice who may be present at all times during such interrogation. The representative shall not be a person subject to the same investigation. This section shall not apply to any interrogation of an employee in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other public - PAGE 19 - 890814 jr MJ/PDMOU-2 GRJ MEMORANDUM OF UNnsTANDING -- SAN BERNARDINo-pQLICE OFFICERS o safety officer, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities. (i) No employee shall be loaned or temporarily reassigned to a location or duty assignment if, a sworn member of his department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. Lawful exercise of riahts: insubordination: administrative aooeal: (a) No employee shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted herein, or the exercise of any rights under any existing administrative grievance procedure. Nothing in this section shall preclude a head of an agency from ordering an employee to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, - PAGE 20 - 890814 jr MJ/PDMOU-2 GRJ MEMORANDUM OF UN~STANDING -- SAN BERNARDIN~OLICE OFFICERS o the agency may officially charge him with insubordination. (b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the employee with an opportunity for administrative appeal. Section 7 Non-Discrimination The provisions of this agreement shall be applied equally by the City and the Police Association, to all employees covered hereby without favor or discrimination because of race, sex, age, national origin, political or religious opinions or affiliations or Association membership. Section 8 Personnel Files No member shall have any comment adverse to his/her interest entered in his/her personnel file, as described in PC 832.8, or any other file used for any personnel purposes by the employer, without the member having first read and signed the instrument containing the adverse comment indi- eating he/she is aware of such comment, except that such entry may be made if, after reading such instrument, the member refuses to sign it. Should a member refuse to. sign, - PAGE 21 - 890814 jr MJ/PDMOU-2 GRJ MEMORANDUM OF UNt"'lRsTANDING -- SAN BERNARDIN~POLICE OFFICERS o that fact shall be noted on the document, and signed or initialed by such officer. A member shall have 30 days within which to file a written response to any adverse comment entered in his/her personnel file. Such written response shall be attached to, and accompany, the adverse comment. Section 9 Political Activities Except as otherwise provided by law, or whenever on duty or in uniform, no employee shall be prohibited from engaging, or be coerced or required to engage, in political activity. Section 10 Polvaraoh Examination No member shall be compelled to submit to a polygraph examination against his/her will. No disciplinary action or other recrimination shall be taken against a member refusing to submit to a polygraph examination, nor shall any comment be entered anywhere in the investigator's notes or anywhere else that the member refused to take a polygraph examination, nor shall any testimony or evidence be admissible at a subsequent hearing, trial or proceeding, jUdicial or administrative, to the effect that the member refused to take - PAGE 22 - 890814 jr MJ/PDMOU-2 GRJ MEMORANDUM OF UNnSTANDING -- SAN BERNARDINo-pQLICE OFFICERS o a polygraph examination. Section 11 Financial Disclosure No member shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his/her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his/her family or household) unless such inform- ation is obtained or required under a state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his/her official duties, or is necessary for the employing agency to ascertain the desirability of assigning the member to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. Section 12 Locker Search No member shall have his/her locker, or other space for storage that may be assigned to him/her, searched except in the member's presence, or with his/her consent, or unless a valid search warrant has been obtained or where the member has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the city. - PAGE 23 - 890814 jr MJ/PDMOU-J GRJ MEMORANDUM OF UN~STANDING --SAN BERNARDINO~ICE OFFICERS o Section 13 Use of citv Resources The Association may be granted permission to use Depart- ment facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by the Asso- ciation from the Chief or a designated representative. The Association shall be held fully responsible for any damages to and the security of any facility that is used by the Association. The Department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards may be used for the following notices: A. Scheduled Association meetings, agenda and minutes B. Information on Association elections and results C. Information regarding Association special, recrea- tional, and related bulletins D. Reports of official business of the Association including reports of committees or the Board of Directors. E. M.O.U., pay scales, job announcements, promotion lists, etc. F. Such other items as may be approved by the Depart- ment management upon request of the Association. 890814 jr MJ/PDMOU-3 GRJ ~ PAGE 24 ~, MEMORANDUM OF U~TANDING --SAN BERNARDINO~LICE OFFICERS o Posted notices shall not be obscene or defamatory, nor shall they advocate election or defeat of candidates for pUblic office. All notices to be posted may be dated and signed by an authorized representative of the Association and should have the prior written approval of the Chief or an authorized representative. Section 14 EmDlover-EmDlovee Relations Committee The Association will designate three representatives who will meet with representatives of Police Administration on a mutually agreeable basis to discuss matters pertinent to the welfare of the City and the employees. The Association may have additional representatives present when appropriate for the discussion of scheduled matters. Normally such meetings shall be during regular working hours. - PAGE 25 ~ 890814 jr MJ/PDMOU-3 GRJ MEMORANDUM OF UN~STANDING --SAN BERNARDINO~LICE OFFICERS o ARTICLE III COMPENSATION Section 1 Salaries A. During the term of this MOU the monthly salaries of Local Safety members of the San Bernardino Police Department shall be fixed annually effective August 1st, in accordance with the City Charter, Article X, Section 186, as follows: At the amount equal to the arithmetic average of the monthly salaries, paid or approved for payment to Local Safety members of like or most nearly comparable positions of ten California cities with populations of between 100,000 and 250,000 as shown in the latest Annual Report of Financial Transactions of California Cities published by the State Controller. B. The ten cities used for fixing the monthly salaries shall be those ten cities remaining from an original and complete list of all California cities in the 100,000 to 250,000 population range based on the latest Annual Report of Financial Transactions of California Cities, published by the State controller, after representatives of the City and the appropriate recognized employee - PAGE 26 - 890814 jr MJ/PDMOU-3 GRJ MEMORANDUM OF UN~TANDING --SAN BERNARDINO~OLICE OFFICERS o organization hav$ alternately struck the names of citi$s from the list one at a time until the names of ten citi$s remain. The representatives to strike th$ first nam$ from the list shall be determined by lot. C. In the event one or more of the ten cities does not have one or more of the comparable position classifications, the monthly salary for the particular classification shall be comput$d as the arithmetic average of the next highest and n$xt low$st comparable position classifi- cation of that City. D. The salaries paid in Step "a" shall be the same as th$ arithmetic average of the starting salaries of the comparable positions in the ten cities and the salaries paid in comparable positions in the ten cities. The salaries paid in steps "b", "c" and "d" shall be fixed at amounts which will caUS$ th$ Local Safety m$mb$rs in the San Bernardino Police Department to advance from the starting steps to the maximum pay steps in approximately $qual salary advances. E. New Emolovees: New employees shall be hired at the "a" step of the - PAGE 27 - 890814 jr MJ/PDMOU-3 GRJ ~~~~~'UUM Ut. UND~~ANDING ' --SAN BERNARDINO P~CE OFFICERS o established base salary range. Variable entrance steps may be established if justified by prior service or lateral t~ansfer. Section 2 PERS-Retirement Plan A. The City shall continue to support an employees' retire- ment plan for members, by contract with the California Public Employees'Retirement System (PERS), which is commonly referred to as the CHP Plan 2% at age 50. B. The City will contract with PERS to provide the "highest 12 month" retirement formula. C. The City will pay the following percentage of the members' contribution to PERS credited to the employee's account as a fringe benefit: Effective Citv PaVlDent 12/1/88 4% First full pay period in July, 1989 5% First full pay period in January, 1990 6% First full pay period in July, 1990 7% First full pay period in July, 1991 8% - PAGE 28 - 890814 jr MJ/PDMOU-3 GRJ :-~. MEMORANDUM OF UNI"ISTANDING --SAN BERNARDINO~LICE OFFICERS o section 3 A. Policy: OVertime It is the policy of the City to discouraqe overtime except when necessitated by abnormal or unanticipated work-load situations. The City has the riqht to require overtime to be worked as necessary. Consistent with this policy, the Chief will make every effort to assiqn overtime evenly amonq the employees with similar skills or assiqnments. B. Definition: OVertime is defined as all compensable ! ~ , ! . I . . , I " 'I I I , ! . , I hours in excess of the reqularly scheduled work day, or 40 hours per week. All overtime shall be reported in increments of 15 minutes and is non accumulative and non-payable when incurred in units of less than 15 minutes. C. Comnensation: An employee who works overtime authorized by the Department shall be compensated at time and one half. Payment for overtime shall be made on the first reqular payday followinq the pay period in which overtime is worked, unless overtime compensation ., cannot be computed until some later date, in which case overtime will be paid on the next reqular payday after such computation can be made. The employee may decide - PAGE 29 - 890814 jr MJ/PDMOU-3 GRJ MEMORANDUM OF UNDI'\'3TANDING --SAN BERNARDINO ~ICE OFFICERS o that he/she be paid for the overtime or accumulate such overtime. payment for unused accumulated overtime shall be made upon termination, retirement or paid to the survivor upon death of the employee. Such determination must be made at the time the employee submits the overtime slip. Accumulated overtime shall not exceed 160 hours. If an employee reaches 160 hours, he/she must accept pay for any overtime exceeding that maximum. The maximum accumulated overtime shall be increased to 240 hours effective January 1, 1989. Section 4 Assianment to Hiaher position An employee of the department temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten consecutive working days, shall receive the same salary for the higher rank to which he/she would be entitled, were he/she promoted to that rank during the period in which the employee is acting in the higher rank. The Chief shall certify monthly as to the assignment and the period of time worked in the higher rank to validate entitlement to the , higher salary. - PAGE 30 - 890814 jr MJ/PDMOU-3 GRJ - MEMORANDUM OF UNnsTANOING --SAN BERNAROINO~LICE OFFICERS o This article does not apply to a situation in which there is no vacant higher level position for which funds have been appropriated. Substantive addition of duties of a higher level classification to an employee's budgeted position should be considered for a classification study. section 5 On call/Call-back/Stand-bv Any employee in "on-call" status will receive four hours pay for all or any portion of a twenty-four hour day. "On- call" status shall start at 1700 hours for employees on a scheduled work day and at 0800 hours for employees on a scheduled day off. If "called back" any time within the first four hours of "on-call", the time worked will be deducted from the four hours "on call". If the "call-back" occurs after four hours ell.-pire, "call-back" time will be clocked from the time the e~ployee receives the call to report. Compensation for that time is in addition to the "on-call" status compensation. In the event an employee is placed on standby for court subpoena, the employee will receive three hours standby pay. I~ the employee is called to court and does not go beyond 1200 hours in that day, it will be considered part of the three hours standby. If the employee has to appear after the - PAGE 31 - 890814 jr MJ/POMOU-3 GRJ MEMORANDUM OF UNQlIiiSTANOING --SAN BERNARDINO~LICE OFFICERS o noon recess, any additional time will be added to the three hours standby plus one-half hour travel time. In cases where the subpoena is for 1330 hours, or another time, the standby will start with time stated on the subpoena. In those cases where the subpoena is for 1330 or later, the employee's time will be computed at the amount of time between the time of subpoena and 1700, plus thirty minutes travel time. In the event the employee is required to pay parking fees, the employee will be reimbursed. If the employee is required to stay through noon recess, he/she will be paid for the actual time spent. Section 6 Educational Incentive All police officers shall be entitled to receive, in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below: (1) $125 additional base pay compensation per month shall be paid each police officer who has obtained a Peace Officer Standards Training (P.O.S.T.) Advanced certificate. , (2) $75 additional compensation per month shall be paid - PAGE 32 - 890814 jr MJ/PDMOU-3 GRJ ~ - MEMORANDUM OF UNIt"\STANDING --SAN BERNARDINO~LICE OFFICERS o each police officer who has obtained a P.O.S.T. Intermediate certificate. Section 7 Court Fines The City shall pay for court fines imposed upon each member as a result of his/her conviction of a traffic viola- tion when such employee was directed to operate any faulty vehicle or vehicular equipment which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member. Section 8 Jurv Dutv Every permanent employee who is officially called or required to serve as a trial juror in a court shall be entitled to absent himself from his duties as a City employee during the period of such jury service or while necessarily present in court or the jury room as a result of such call (hereinafter called jury service). In cases where the completion on any day of such jury secvice of an employee assigned to an 8:00 a.m. to 5:00 p.m. shift does not exceed a period of 4 hours duration of the City work day commencing at 8:00 a.m., it shall be the - PAGE 33 - 890814 jr MJ/PDMOU-3 GRJ MEMORANDUM OF U~TANDING --SAN BERNARDIN~LICE OFFICERS o responsibility of the employee to report to work within a reasonable time after his release or discharge from such jury service on that day. Where, however, such employee is required to continue in jury service for a period in excess of 4 hours duration on any such regularly scheduled working day, said employee shall not be required to report to work on that day of his release or discharge from such jury service. If the time for commencing work of the employee is at a time other than the 8:00 A.M. shift, then the employee is not required to report to work at the commencement of his shift, assuming he has otherwise complied with the notice provisions hereof, if he has devoted during the day period prior to the commencement of his work shift, not less than four hours to jury service during that day. If he has not so completed more than four hours of jury service, he shall report to work at the commencement of his shift. Under such circumstances of compensable jury service, every permanent employee, as aforesaid, shall be paid his regular pay while serving on jury duty, provided all jury fees paid to the individual employee, less automobile expenses allowed, are turned over to the city. , The employee shall notify his superiors of any call for jury service promptly upon receipt of notice thereof and of any absence from his duties due to such jury service in order - PAGE 34 - 890814 jr MJ/PDMOU-3 GRJ .L1 ~ &. MEMORANDUM OF UN~STANDING --SAN BERNARDINO~LICE OFFICERS o that a replacement or substitute may perform his duties. When an employee fails to promptly report his receipt of a call to jury service when so required, or fails to promptly notify his superiors regarding his absence for jury service, said employee shall be considered as absent without leave and no salary compensation shall be paid. - PAGE 35 - 890814 jr MJ/PDMOU-3 GRJ - MEMORANDUM OF UN~TANDING --SAN BERNARDINO ~LICE OFFICERS o ARTICLE IV FRINGE BENEFITS Section 1 HealthlLife Insurance A. The city shall provide employee group insurance. Up to $80 per month will be contributed towards city sponsored medical plan of an "employee alone" enrollment and up to $135 per month will be contributed towards the City sponsored medical plan of an "employee and dependent(s)" enrollment effective through December 31, 1988. B. Effective on the date listed below, the city shall contribute the amounts listed for the purchase of insurance benefits offered by the city. Any contribution not utilized by an employee shall revert to the City. Employees with Employees with one Effective Date no deoendents or more deoendents January 1, 1989 $ 64/month $1l9/month August 1, 1989 109/month 164/month August 1, 1990 144/month 224/month August 1, 1991 1 69/month 284/month - PAGE 36 - 890814 jr MJ/PDMOU-3 GRJ - - . MEMORANDUM OF UN~TANDING --SAN BERNARDINO leLICE OFFICERS o C. Insurance benefits available for purchase by employees include: medical, dental, vision, life, and accidental death and dismemberment insurance. D. An employee must purchase insurance offered through the city in order to utilize the contributions described in B. E. In addition to the contribution described in Section B, the city shall contribute a maximum of $16.00 per employee to be used exclusively for the purchase of medical insurance benefits. F. Employees may use any of the amounts described in Section B to purchase any or all of the insurance benefits described in Section C. G. Cafeteria monies may be redesignated or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee. H. The City shall provide each employee with $5,000 term life insurance. I. Enrollment in City insurance plans is sUbject to the - PAGE 37 - 890814 jr MJ/PDMOU-3 GRJ . . MEMORANDUM OF UNnu;TANDING --SAN BERNARDINO~OLICE OFFICERS o regulations established by each plan's provider. Section 2 Rain Gear/Utilitv Uniforms A. The City shall continue its current method to provide appropriate duty rain gear for personnel. B. Each employee of the bargaining unit shall be furnished one utility uniform. Said uniform shall be maintained in assigned lockers or in the vehicle, available for use at all times. Section 3 Books and Tuition Allowance The City will continue, under its formalized procedures, to pay, tuition costs for members who complete with a satis- factory grade of "B" or better in prior-approved, job-related courses of instruction which will increase their value to the City. Reimbursement for books required for the approved , course or courses may be authorized provided such books are tendered to the Chief at the time reimbursement for tuition - PAGE 38 - 890814 jr MJ/PDMOU-3 GRJ . MEMORANDUM OF UNtnsTANDING --SAN BERNARDINO~LICE OFFICERS o is requested. section 4 Deferred ComDensation The City shall continue to sponsor a Deferred Compensation Plan which shall be available to employees on a voluntary basis. Unspent "cafeteria" contributions may not be diverted into a deferred compensation or like plan. Section 5 Safety EauiDment A. New employees who are required to have safety equipment, will be furnished same on a one-time basis including safety equipment hardware, leather and safety vests. B. The City shall furnish regularly-assigned motorcycle officers the following items as initial issue: (1) safety helmet; (1) pair boots; (2) pair of riding breeches, which are declared to be necessary for the safety of the officer as specified under Labor Code , Section 6401 and Government Code Section 5008.1. C. Replacements will be issued upon return of worn-out - PAGE 39 - 890814 jr MJ/PDMOU-3 GRJ -----..__....,v.a..... \J.... v.nLlA:l.l'\.O-J..l\L'U.Ln~ --SAN BERNARDINO P(:1CE OFFICERS o items. It shall be the duty of each employee to use normal diligence in their use and any willful damage or loss shall obligate the employee to replace the item at his or her expense. Upon reassignment or separation from the Department, these items shall be returned to the City. The City Purchasing Agent shall have direct control over the purchase, issue and replacement of the above described items. The Chief shall certify, in writing, to the Purchasing Agent as to an individual's entitlement. Section 6 ReDlacina/ReDairina Personal ProDertv The city shall continue to provide for the cost of replacing or repairing personal property, of an employee, which is lost or damaged in the performance of duty, as provided in STP No. 14, dated July 23, 1976. . - PAGE 40 - 890814 jr MJjPDMOU-3 GRJ ~t. MEMORANDUM OF UNr:I\sTANDING --SAN BERNARDINO ~LICE OFFICERS o section 7 Service Pins Employees of the city of San Bernardino, shall be awarded service pins upon completion of each of the following period of years of continuous loyal service: Five Years Ten Years Fifteen Years Twenty Years Twenty-five Years & over Years of service shall be deemed to include all contin- uous loyal employment, for the City of San Bernardino, the San Bernardino City Board of Water Commissioners and for the Free Public Library Board. Award of service pins for the above designated service shall be made as soon as may be practicable after the employee has completed the required period of employment. Service pins shall be of such design as approved by the Mayor and Common Council of the City of San Bernardino and shall show the number of years of service for which the award is made and the City seal of the City of San Bernardino. - PAGE 41 - 890814 jr MJ/PDMOU-3 GRJ MEMORANDUM OF UNnsTANDING --SAN BERNARDINO~LICE OFFICERS o ARTICLE V LEAVES section 1 Vacations A. Effective December 1, 1988, each employee shall be allowed vacation in accordance with the prior MOU. The accrual formula shall be as follows effective January 1, 1989. (1) Employees who complete one year of continuous service shall be credited with 10 vacation days on the first day of their second year of such service. Commencing with the first day of the second year of continuous full-time employment with the city of San Bernardino, and during each year of full-time employment thereafter, up to and including the seventh year of continuous, full-time employment, each employee shall accrue during each such year, vacation days at the rate of .833 per month, not to exceed 10 such vacation days (80 hours) in anyone year. (2) Commencing on the first day of the !eighth year of continuous, full-time employment with the City of San Ber- ria~dino, and during each year of full-time employment there- after, up to and including the seventeenth year of such full- time employment, each employee shall accrue during each such - PAGE 42 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UND~TANDING --SAN BERNARDINO ~ICE OFFICERS o year, vacation days at the rate of 1.25 working days per month, not to exceed 15 days (l20 hours) in anyone year. (3) Commencing on the first day of the eighteenth year of continuous, full time employment with the City of San Ber~ nardino, and during each year of full-time employment there- after, up to and including the twenty-fourth year of such full-time employment, each employee shall accrue during each such year, vacation days at the rate of 1.67 working days per month, not to exceed 20 such days (160 hours) in anyone year. (4) Commencing on the first day of the twenty-fifth year of continuous, fUll-time employment with the City of San Bernardino, and during each year of continuous, full-time employment thereafter, each employee shall accrue during each such year, vacation days at the rate of 2.08 per month, not to exceed 25 such days (200 hours) in anyone year. (5) Commencing on the first day of the second year of employment, an employee is entitled to use vacation time as accrued subject to the provisions of this section and subject to the POlicies of the San Bernardino Police Department regulating the use of vacation time. - PAGE 43 - 890814 jr MJ/PDMOU-4 j ~ ,MEMORANDUM OF UNpejl.STANDING 0 --SAN BERNARDINO~LICE OFFICERS (6) Vacation leave may be taken anytime during. the year in which it is accrued. However, if an employee leaves City service prior to the completion of the year in which he/she used such leave, a deduction will be made from such employee's final paycheck for the unearned portion of such vacation. (7) Vacation credits may accrue and accumulate for a maximum of two years total accumulated vacation credits on a carry over basis from year to year. Vacations or portions thereof from anyone year so accrued may run consecutively with vacations or portions thereof of the next succeeding year, subject to the approval of the Chief. (8) Compensation for vacation, other than for earned vacation at the time of termination of employment, shall be limited to the amount normally earned during regularly assigned working time. (9) Employees shall not be permitted to work in their City position in lieu of taking vacations in order to receive additional compensation from the City. , B. When an employee resigns or otherwise leaves the service of the City and has not used his earned vacation since his - PAGE 44 - 890814 jr MJ/PDMOU-4 . MEMORANDUM OF ui"\:RSTANDING 0 --SAN BERNARDIN~LICE OFFICERS last anniversary date, payment shall be made to the employee for the earned portion of his vacation. Calculation of payment for earned vacation, or deduction for unearned vacation upon termination, shall be made in accordance with the wage rate in effect on the final day ,of employment. C. When an employee returns to work after a break in "continuous service", and when such break in "continuous service" shall have been by leave of absence with the approval of the Mayor and Common Council, vacation time shall not accrue during such break in continuous service but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. D. Whenever the terms "year or years of employment" appear herein, it shall be deemed to include all services for the City of San Bernardino, the San Bernardino city Board or Water Commissioners and the San Bernardino Free Public Library Board. , - PAGE 45 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UNDP""tlTANDING --SAN BERNARDINO ~ICE OFFICERS o section 2 Holidavs A. The following days will be holidays for the purpose of this MOU: January 1st - New Year's Day Last Monday in May - Memorial Day July 4th - Independence Day First Monday in september - Labor Day November 11th - Veterans' Day 4th Thursday in November - Thanksgiving Day Friday following 4th Thursday in November December 24th - Christmas Eve December 25th - Christmas Day December 31st - New Year's Eve Two floating holidays (16 hours) Anytime between January 1st through December 31st - effective January 1, 1989. Beginning January 1, 1990, a third floating holiday (8 hours) shall be added. No floating holiday time shall be converted to cash in lieu of time off or upon termination of employment. B. The Chief shall consider any request of any employee a~ to preference for taking floating holidays, provided however, the final right to allot the day to be observed is exclusively reserved to the Chief. - PAGE 46 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UNQSTANDING --SAN BERNARDINO POLICE OFFICERS o C. All full time employees, 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 regular assigned working period 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 any employee to work on any of the above mentioned holidays, then he shall be allowed another day off of equal time and pay as would be approved by the Chief. D. Employees assigned to work on one of the above holidays shall either be allowed compensatory time off for the above holidays at full payor shall be paid for the holidays at full pay in addition to their regular compensation for that work day, such determination to be made based on the availability of funds and the needs of the department, as determined by the Chief with the approval of the City Administrator. If compensatory time off is directed by the Chief, such compensatory time off may be added to the regular annual vacation period or termination date of service, but must be taken within one year of the date it was earned. E. Holidays as listed above shall be allowed on Monday - PAGE 47 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UNOsTANDING --SAN BERNARDINO POLICE OFFICERS Q if any such holiday falls on Sunday, and shall be allowed on the preceding Friday if any such holiday falls on saturday, for all employees except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holidays eves will be observed on Mondays and Tuesdays. F. Holidays earned in any twelve-month period are not accumulative beyond the total number of holidays allowed each year. Section 3 Sick Leave A. Sick leave means absence from duty of an officer or employee because of illness or injury, exposure to contagious disease, attendance upon a member of his immediate family who is seriously ill or requires the care or attendance of an officer or employee, or death in the immediate family of the officer or employee. Immediate family means: husband, wife, grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-in-law, father in-law, sister-in-law, , brother-in-law, son-in-law or daughter-in-law. B. Not more than five days of sick leave within any - PAGE 48 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UN~STANDING --SAN BERNARDINO~LICE OFFICERS o calendar year may be granted to an officer or employee for the care of or attendance upon members of his immediate family. Not more than five days of sick leave may be granted to an officer or employee for each absence due to death of a member of his immediate family as defined above. C. No absence due to illness or injury in excess of five working days shall be approved except after the pre- sentation of satisfactory evidence of illness or injury; and a certificate from a practicing physician or an authorized practicing chiropractor approved by the Mayor and Common Council may be required by the Chief and shall be subject to his approval concerning said absence. The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits of this M.O.U. be examined at any reasonable time or intervals by the County health officer or other designated physician, and in the event of an adverse report, to reject such claim for sick leave, in whole or in part, and to terminate sick leave compensation. In the event of the refusal of any person to submit to such exami- nation after notification, the Mayor and Common Council may terminate sick leave compensation and reject any claim therefor. The Mayor and Common Council shall have the right to require the presentation of a certificate from a practicing physician or the County health officer stating - PAGE 49 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UNOSTANDING --SAN BERNARDINO POLICE OFFICERS o that . an officer or employee is physically or psychologically able to perform his work and duties satisfactorily before permitting an officer or employee who has been on sick leave to return to work. D. In order ~o receive compensation while absent on sick leave, the employee shall notify his immediate superior or the station commander prior to the time set for beginning his daily duties, or as may be specified by the Chief. When the absence is for more than one work day, the employee may be required to file a physician's certificate or a personal affidavit with the Director of Personnel stating the cause of the absence. E. sick leave with pay shall be granted to all regular employees. sick leave shall not be considered as a right which an employee may use at his discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. F. Whenever an employee is compensated hereunder for sick leave and has not had a vacation at the end of the current calendar year, he shall be allowed to take his vacation in the calendar year he returns to duty. - PAGE 50 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UN(:RSTANDING --SAN BERNARDINO POLICE OFFICERS o G. Whenever the term "service of City" appears herein, it shall be deemed to include all service of the city of San Bernardino, t~e San Bernardino Board of Water Commissioners and the San Bernardino Free Public Library Board. H. All full time officers and employees of the City who are actively on duty, have been in the service of said City for six months or more continuously, and who are compelled to be absent from their work on account of illness or injury, other than that which is compensable under Article V, Section 5, Injury Leave, of this M.O.U., shall receive their full salary, wages, or compensation for a period of one day for' each month of continuous service; provided that such salary, wages, or compensation shall cease upon the exhaustion of all accumulated sick leave. I. sick leave may be accumulated without limit and time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. sick leave shall not accumulate during periods of leave of absence without pay. J. The six working days of sick leave granted after six calendar months of continuous service as herein provided for all full-time employees shall be computed at the rate of - PAGE 51 - 890814 jr MJ/PDMOU-4 . . MEMORANDUM OF ~STANDING --SAN BERNARDINO.,rOLICE OFFICERS o approximately 3.7 hours per pay period. In the event that an employee works less than 50% of the total normal work hours in the pay period, he shall receive no sick leave benefit for such pay period and shall not be credited with the 3.7 hours of sick leave. K. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only. Section 4 Pavment for Unused Sick Leave A. All permanent employees or the estate of any such deceased employee who dies during employment shall be entitled to receive payment for unused sick leave, subject to the restrictions and conditions as set forth below. B. Employees or the estate of any such deceased employee who dies during employment, after the completion of five years of continuous full-time employment with the city, upon retirement, death or termination of employment, except through dismissal or resignation with prejudice, shall receive compensation of 50% of accumulated, unused sick leave, provided that in no event shall such compensation exceed sixty working days (480 hours) of such leave (eg: 50% - PAGE 52 - 890814 jr MJ/PDMOU-4 . MEMORANDUM OF UN~STANDING --SAN BERNARDINO~LICE OFFICERS o of 960 hours). C. For the purpose of this section, the word "retire- ment" shall have the meaning ascribed to it and the definition therefore as set forth in Section 20035 of the Government Code. Section 5 Iniurv Leave Employees will have a choice of doctor and hospital on work related injury, in accordance with existing State Labor Code. The parties understand that Association may submit the issue of the applicability of California Government Code Section 45010 as it pertains to city Resolution No. 6433, Section 6, for determination by way of an action for declaratory judgment to be filed in the San Bernardino County Superior Court. The City does not waive its defense that this issue has been decided in favor of the City by a binding decision of the Court of Appeal, nor does the City hereunder agree to pay any costs or expenses of the litigation. When injury is sustained in the course and scope of employment with the City, said employee shall be compensated - PAGE 53 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UN~STANDING --SAN BERNARDINO POLICE OFFICERS o under the provisions of the Workers' Compensation Insurance and Safety Act of California and not under the provisions of this' M.O.U.; provided that he/she shall be reimbursed pursuant to the provisions of California Labor Code Section 4850 during the first 365 days of disability, provided further that these payments may be terminated pursuant to the provisions of California Government Code Section 21023.6. Employees who are receiving payments under Labor Code Section 4850 shall accrue vacation, sick leave and holiday credits during such absence from duty. When an employee is off duty on injury leave and has not had a vacation at the end of the current year, he shall be allowed to take his vacation in the calendar year he returns to duty. Section 6 Leave of Absence Without Pav A. Leave of absence without pay is a temporary non-pay status and absence from duty granted at the request of the employee. Leave of absence without pay may be granted by the Mayor and Common Council for a period not to exceed six months, upon the positive recommendation of the Chief and the City Administrator. Under justifiable conditions, said leave may be extended by the Mayor and Common Council for - PAGE 54 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF mOSTANDING --SAN BERNARDINO POLICE OFFICERS o additional periods. A leave of absence without pay will be considered favorably if it is to be expected that the employee will return to duty and that at least one of the following benefits will result: increased job ability, pro- tection or improvement of the employee's health, retention of a desirable employee, or furtherance of a program in the interest to the City. Examples or conditions for which a leave of absence withcut pay may be granted are: (1) For an employee who is a disabled veteran requiring medical treatment. (2) For an employee who is temporarily mentally or physically unable to perform his duties. (3) For an employee who files for or assumes elected office. (4) For maternity or paternity leave, upon the recommendation of the attending physician. (5) For military leave when the employee has less than one year of service to qualify for leave with pay. An approved leave of absence without pay for less - PAGE 55 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UN&:)STANDING --SAN BERNARDINO POLICE OFFICERS o than 60 days in any calendar year will not be considered a break in service. Leave in excess of 60 days shall result in the advancement of the employee's anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to return to duty at the expiration of the approved leave of absence without pay shall constitute an automatic resignation. B. The City's contribution towards an employee's health and life insurance premiums will not be extended beyond the last day of the month in which the absence without pay begins if the leave of absence without pay becomes effective during the first fifteen days of the month nor beyond the last day of the next succeeding month if the leave of absence without pay becomes effective after the 15th day of the month, unless the employee is returned to work from leave of absence without pay status prior to the date the City's contribution would be discontinued. In the event the employee desires to maintain full health and life insurance ~overage while on leave of absence without pay status, he may arrange to pay the insurance premiums for the coverage desired (both the employee and the employer portions). It is the responsibility of the employee to contact the payroll section in this regard. The payment of the amount of the - PAGE 56 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UN~STANDING --SAN BERNARDINO~LICE OFFICERS o premiums must be made to the payroll section prior to the date on which the City's participation will terminate. Payments must be made' monthly thereafter until the employee either returns to work or his employment with the City is terminated. C. Upon an employee's return to work, the City's contribution towards the employee's health and life insurance premiums will begin on the first day of the month following the end of the leave of absence without pay if that leave of absence without pay terminates between the first and fifteenth days 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. D. Notwithstanding any other provision of this section to the contrary, the City will continue its contribution for health and life insurance premiums of an employee on leave of absence due to any injury or illness arising out of and in the course of his or her employment with the City. - PAGE 57 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UN~STANDING --SAN BERNARDINO\.bLICE OFFICERS o Section 7 Militarv Leave A. An employee who shall enter the Armed Forces of the United states during war or national emergency, as declared by the President or the Congress of the United states, shall be entitled to a leave of absence without pay during such service and for a period of ninety days thereafter. Every such employee and/or officer returning to the City within the time herein specified, and who has been honorably discharged from such service shall be reinstated without loss of status or seniority, provided they are not physically or mentally incapacitated from performing the duties of said office or position. B. Compensation of employees on temporary military leave of absence is found in Military & Veterans Code Section 395.01 which currently provides in part as follows: "Any public employee who is on temporary military leave of absence and who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his salary or compensation a - PAGE 58 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UN~TANDING --SAN BERNARDINO POLICE OFFICERS o such public employee for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in anyone fiscal year. For the purposes of this section, in determining the one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service." C. All persons appointed to fill such position during war or such national emergency, shall be temporary appointees only. - PAGE 59 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UNt""RsTANDING --SAN BERNARDINO~OLICE OFFICERS o ARTICLE VI WORKING CONDITIONS Section 1 Shift Schedules The standard work day represents the tour of duty for which an employee is regularly scheduled for work during a twenty-four hour period commencing from the start of the employee'S assigned shift. A regularly scheduled tour of duty which commences before midnight and ends the following day shall be reported for payroll purposes as time worked for the day in which the tour of duty began. Since the four day, ten hours per day plan (4/10) has been a successful method of operation in the Patrol Division, it shall continue, with exceptions of special details within that Division. All other employees shall operate on the basic eight hour day, five days per week. It is recognized that during the term of this agreement, it may be necessary for Management to make changes in the number of hours in a standard day, tour of duty, or shift to meet the needs of the service. Except for emergencies or in case of special needs, where Management finds it necessary to make such changes, it shall notify the Association indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the Unit and where - PAGE 60 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF ~STANDING --SAN BERNARDINO POLICE OFFICERS o the association requests to meet with Management, the parties shall expeditiously under take to consult as provided by Section 3500 et. seq. of the California Government Code regarding the impact the change would have on the employees in the unit. Section 2 Shift Chanae Subject to authorization of the Chief, Assistant Chief, Captain, Area Commander or station Commander, employees in the unit should be allowed to exchange time with other employees of equal rank on the following basis: 1. Time exchanged shall be with equal rank and be agreeable with both parties and shall be requested in a memo signed by both employees. 2. The time exchange requested shall be initiated with the immediate supervisor of the employee requesting the exchange. 3. Time exchanged may be by one standard work day or by one-half standard work day. 4. Time exchanged shall be repaid by one standard work - PAGE 61 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UNnsTANDING --SAN BERNARDINO~LICE OFFICERS o day or by one-half standard work day, within a 7 day period. 5. Since this is done for the convenience of the employee, in no case shall a shift exchange or repayment of a shift exchange be considered in computation of overtime. Section 3 Probationarv Period The probationary period for positions in this Unit shall be twelve months from the date of hire. Section 4 Seniority of service, with no break in service, within the Department and/or classification in which the employee is presently assigned. The Department may consider seniority in vacation scheduling, shift assignments and transfers within classification. - PAGE 62 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UN~STANDING --SAN BERNARDINO\.;LICE OFFICERS o Section 5 Re-emolovment An employee who has terminated City employment, and who is subsequently rehired in the same classification in a regular position within a ninety day period, may receive restoration of salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as of the date, of rehire. Section 6 Phvsical Examinations The city shall pay medical fees for the physical exam- ination of any pOlice officer when such examination is required and directed by the City. - PAGE 63 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF U~RSTANDING --SAN BERNARDIN~OLICE OFFICERS o ARTICLE VII GENERAL PROVISIONS Section 1 Waiver Clause The City and the Association for the life of the MOU, each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to, or covered in this M.O.U. Section 2 Severabilitv If any provision of this M.O.U. is held by the proper legislative or judicial authority to be unlawful, unenforceable, unconstitutional, or not in accordance with applicable statutes or not applicable to Charter Cities, all other provisions of the M.O.U. shall remain in full force and effect for the duration of this M.O.U. If there is any conflict between the provisions of this M.O.U. and the provisions of federal, state or local government regulations, the provisions of the federal, state or local government regulations shall be controlling. Upon the issuance of a decision declaring any Article, section or portion of this MOU to be unlawful, unenforceable, unconstitutional or not applicable to Charter Cities, the parties agree to meet and - PAGE 64 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF UN~!'lTANDING --SAN BERNARDINO~OLICE OFFICERS o confer immediately concerning only those Articles, sections and portions. Section 3 printina of Memorandum of Understandina The City and the Association will share the cost of printing of the MOU. Section 4 Term of Memorandum of Understandina This MOU will be in effect for the period commencing December 1, 1988, and ending on November 30, 1991. 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, notice shall be given to the other not later than the last working day of July 1991, that such discussions are desired. Such notice shall request a meeting to begin negotiations and establish - PAGE 65 - 890814 jr MJ/PDMOU-4 MEMORANDUM OF mORSTANDING --SAN BERNARDINO POLICE OFFICERS o ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party. Section 6 Settlement Aareement Differences have heretofore existed between the parties as to their respective rights and obligations and matters relating to wages, hours, working conditions, and terms and conditions of emplo~~ent. In particular, the Association filed suit number 206315, San Bernardino Police Benefit Association v. citv of San Bernardino. in the Superior Court of the State of California, for the County of San Bernardino, on October 26, 1981, contending that contributions to the employee's share of PERS in comparable jurisdictions are salary and not fringe benefits for the purposes of City Charter Section 186. The parties hereto desire to compromise their differences in respect to the foregoing matters and desire to settle their differences amicably and without further litigation. In consideration of the agreements reached in this memorandum and particUlarly Article III, Section 2, the Association agrees to dismiss with prejudice action number 206315, and agrees not to institute or prosecute any action against the city alleging that the monetary value of any benefit is to be added to t~e base - PAGE 66 - 890814 jr MJ/PDMOU-4 o o ~ORANDUM OF UNDERSTANDING --SAN BERNARDINO pOLICE OFFICERS salary schedule of any comparable jurisdiction for the purpose of setting salary pursuant to Section 186 of the city Charter. Association agrees that the benefits negotiated and contained in this agreement and particularly Article III, section 2, constitute full satisfaction, settlement and compromise of each and every claim the Association has against the city or for which the city would be liable for wages, salary, compensation or liquidated damages. Section 7 Mutual Release Except for the rights and obligations created by t~is of, and releases and discharges the full satisfact~on I other fully ~nd agreement, each party hereby acknowledges completely from all demands, contracts, claims, righ~s, duties, obligations and liabilities it has asserted agai~st the other, its past and present members, officers, emP10y~es, principals or agents and agrees not to institute or proseJute any proceeding of any nature against the other for any oJuse existing as of the date of this MOU other than any claim filed prior to the effective date J..OnfantyhiaSctiMoOnUc'on t~,ha"iry~ provision shall be a complete defense ,1 to this agreement. - PAGE 67 - 890814 jr MJ/PDMOU-4 .e!! MEMORANDUM OF tnr'IRSTANDING -- SAN BERNARDI~POLICE OFFICERS o Section 8 prevailina Benefits All benefits, privileges, and working conditions authorized for the employees at the present time, Whic~ are not included in this M.O.U. shall remain in full force d~ring , the term of this M.O.U. unless changed by mutual con~ent. I However, all provisions of resolution no. 6433 are super.eded by this MOU. Mayor W.R. "Bob" Holcomb City of San Bernardino ~dtl~ President San Bernardino Police Officers' Associatio~ e City'S Designate epresentative ~12 J{W- ~U~~ Attest: i I I' City Clerk - PAGE 68 - 890307 jr AGENDAS.PDMOU5.MOU GRJ