HomeMy WebLinkAboutItem 6c. Sucessor MOA with Firefighter Association, Police Association, Unrepresented Management Group, and Confidential Group Item 6c
Department: Human Resources
Cost Center: 2007
For Agenda of: 7/20/2021
Placement: Consent
Estimated Time: N/A
FROM: Nickole Domini, Interim Human Resources Director
SUBJECT: SUCCESSOR MEMORANDUM OF AGREEMENTS WITH THE
FIREFIGHTERS, LOCAL 3523, THE POLICE OFFICERS’ ASSOCIATION
AND RESOLUTIONS FOR THE UNREPRESENTED MANAGEMENT AND
CONFIDENTIAL GROUPS
RECOMMENDATION
1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, adopting and ratifying the Memorandum of Agreement between the
City of San Luis Obispo and the International Association of Firefighters, Local 3523 ,
for the period of January 1, 2021 to December 31, 2023 ” (Attachments A & B); and
2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, adopting and ratifying the Memorandum of Agreement between the
City of San Luis Obispo and the San Luis Obispo Police Officers’ Association for the
period of July 1, 2021 to June 30, 2024” (Attachments C & D); and
3. Adopt a Resolution entitled, “A Resolution of the Council of the City of San Luis Obispo,
California, amending Management Compensation for appointed officials, department
heads, and management employees and superseding previous resolutions in conflict”
(Attachments E & F); and
4. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, regarding compensation for the Unrepresented Confidential
Employees and superseding previous resolutions in conflict” (Attachments G & H); and
5. Adopt a Regular and Supplemental Employee Salary Schedule effective July 20, 2021,
as required by California Public Employees Retirement System (Attachments I & J).
REPORT-IN-BRIEF
Four of six employee groups’ Memorandum of Agreements (MOAs) or Resolutions
outlining compensation and benefits have expired. The purpose of this report is to provide
an overview of the negotiations that have taken place with the represented groups and
conversations with the unrepresented groups for successor agreements. Staff is
recommending a three-year term for Fire and POA which will provide adjustments to
compensation to increase competitiveness in the market and address recruitment and
retention challenges. A one-year agreement, providing modest increases to
compensation, is recommended for the unrepresented management and confidential
groups. This will allow staff to complete a benchmark compensation study by February
2022 which will inform the next round of conversations. The increases proposed to
compensation and benefits are incorporated into the City’s long-term forecast.
Page 601 of 1183
Item 6c
DISCUSSION
Background
There are 439.25 authorized regular full-time equivalent (FTE) employees at the City that
make up six employee groups (four represented and two unrepresented). Compen sation
and benefits for employees are set by a Memorandum of Agreement (MOA) for
represented employees and by Resolution for unrepresented employees. Of the six
employee groups at the City, four MOAs or Resolutions have expired which represent
approximately 51% of the City’s FTEs and 67% of the total compensation of City
employees. Under California law, when an MOA or resolution expires, the terms and
conditions of the agreement continue without change or remain status quo until a
successor MOA or resolution is in place.
City of San Luis Obispo - Employee Groups
Employee Group
Full-Time
Equivalent
Employees
Current Term for
MOA or Resolution
City Employees’ Association (SLOCEA) 199.25 7/1/19 to 6/30/22
Confidential (Unrepresented) 7 7/1/18 to 6/30/21
Management (Unrepresented) 98 7/1/18 to 6/30/21
Police Officers' Association (POA) 67 7/1/18 to 6/30/21
Police Staff Officers' Association (SLOPSOA) 17 7/1/19 to 6/30/23
The International Association of Firefighters,
Local 3523 (Fire) 51 1/1/18 to 12/31/20
In advance of an MOA or Resolution expiring, negotiations occur with the represented
groups and informal conversations occur with the unrepresented groups. The City’s
strong policy foundation of fiscal health and sustainability including Council adopted Labor
Relations Objectives and the Compensation Philosophy (Attachment L) guide and frame
conversations and the negotiations process. Following is a summary of the negotiations
process and the recommended successor agreement for Fire and POA, and an overview
of the recommendation for the unrepresented groups.
Fire Labor Agreement
The Fire Union represents 51 employees: 46 sworn personnel from the rank of Firefighter
to Fire Battalion Chief and 5 non-sworn personnel including Fire Inspectors, Fire Vehicle
Mechanic and Hazardous Materials Coordinator. The MOA governing wages and
benefits expired on December 31, 2020. The parties began negotiations in October 2020
and held multiple virtual meetings through April of 2021.
Page 602 of 1183
Item 6c
The Fire Union’s priorities included cost of living increases in salary and equity
adjustments for sworn personnel to address what the Fire Union described as salary
disparity between fire personnel and sworn Police Department employees. In addition,
the parties’ completed a market survey of the agreed upon comparison agencies which
reflected that the sworn positions were approximately 13% below the market median.
The City’s focus and primary interests included achieving a multi -year agreement that
provides certainty around compensation costs, maintaining competitive wages and
benefits to support recruitment and retention objectives , and address non-economic
areas of the labor agreement dealing with Fire Department operational policies and
procedures.
The negotiations sessions were cooperative and professional. And though the parties
reached an impasse in April 2021 on the core economic issues, following a mediation
session in May, they were able to bridge the gap and reach tentative agreement on a
successor three-year agreement.
Key Components of Fire Successor MOA
The following is a summary of the key changes included in the successor Fire MOA:
1. Term of the Agreement. January 1, 2021 to December 31, 2023.
2. Salary Increases. The salary increases keep pace with cost-of-living adjustments
and are effective on the first day of the first full pay period in the month listed below
for all classifications.
July 2021 2.5%
July 2022 2.5%
July 2023 2.5%
3. Market Equity Adjustments. In addition to the above listed salary increases, the
parties have agreed to the following equity adjustments to be effective on the first
day of the first full pay period in the month listed below for the following sworn
classifications to help address market competitiveness.
July 2021 4% Firefighters, Fire Engineers, Fire Captains
July 2021 1% Fire Battalion Chiefs (BCs)
July 2022 1.5% Firefighters, Fire Engineers, Fire Captains, BCs
July 2023 1.5% Firefighters, Fire Engineers, Fire Captains, BCs
4. Heath Insurance Cost-Sharing. The City will continue the current formula for
health insurance for 2023 and 2024 calendar years whereby the City’s contribution
will be calculated using cost-sharing arrangement that increases the City’s
contribution by 50% of the average percent increase in CalPERS medical premium
increases. For example, if the average increase in CalPERS medical premiums
increases eight percent, the City contribution would increase four percent, while
employees absorb the remainder of the increased cost. This balanced cost -sharing
model meets the Council’s LROs.
Page 603 of 1183
Item 6c
5. Discontinue Above Grade Skills Incentive. In recognition of and to offset the
market equity adjustments summarized above, the parties agreed to discontinue
the four (4%) percent Above Grade Skills Incentive to eligible employees and
instead offer Acting Pay for personnel serving above grade.
6. Revision of Disciplinary Procedure. The parties agreed to incorporate into the
contract statutory procedures governing employee discipline. The new language
provides a comprehensive procedure for the investigation and discipline of
employee misconduct consistent with existing City policy and State law.
7. Revision of Paramedic Pay Differential. The parties agreed to revise the current
paramedic pay differential (12%) to be calculated on the employee’s base pay
rather than top-step of the firefighter salary, effective July 1, 2023. This change
is consistent with industry practice amongst the City’s comparison agencies.
8. Other Miscellaneous Modifications. Other minor modifications resulting in no or
low cost were agreed to, primarily related to clarifying language in the MOA
regarding incentive pays, employee leaves, assignment bidding procedures, no -
strike language, and firefighter recruitment.
Police Labor Agreement
The POA represents 67 members: 46 sworn Police Officers and 21 non-sworn personnel
including Communications Technicians (emergency dispatchers), Police Records Clerks,
Property and Evidence, and Field Training Technicians. The MOA governing wages and
benefits expired on June 30, 2021, and the POA timely notified the City of its intent to
negotiate a successor MOA.
The parties began discussions in April of this year. As with the Fire unit, the negotiations
were cooperative and professional, though suddenly and emotionally affected by the
tragic loss of Detective Benedetti and injury to Detective Orozco. Working within Council
authorized parameters, the City pursued a three-year contract calling for cost of living and
market equity adjustments, continuation of the health insurance cost -sharing formula, and
revisions to several non-economic areas to clarify and update MOA language.
The City, like many cities throughout the State, is continuing to have difficulty attracting
and retaining Police Officers. Police turnover has averaged 13% pe r year for the past
five years in comparison to an annual turnover of 10% citywide. In addition, there are
currently four vacancies for Police Officer (not counting Officers that are out on long-term
leaves or in backgrounds with other agencies) and two vacancies for Communications
Technicians. In a market survey shared and agreed upon by the parties, Police Officers
and Communications Technicians classifications are approximately eight (8%) percent
under the market median.
Page 604 of 1183
Item 6c
The City’s primary interests were to secure a long-term contract in a manner consistent
with Council adopted Labor Relations Objectives, while also addressing the significant
recruitment and retention challenges facing the Department. The POA strongly shared
and endorsed the City’s interest in addressing the recruitment and retention challenges
facing the Department and in addition were seeking relatively minor increases in certain
specialty pays and reimbursements.
After only five bargaining sessions, the parties were able to reach tentative agreement on
a comprehensive successor agreement.
Key Components of POA Successor MOA
The following summarizes the key changes included in the successor POA MOA :
1. Term of the Agreement. July 1, 2021 to June 30, 2024.
2. Salary Increases. The following salary adjustments will provide annual cost-of-
living increases to all unit members and help to address the significant recruitment
and retention challenges facing the Department.
July 2021 5%
July 2022 5%
July 2023 5%
3. Salary Step Changes. The parties agreed to make the following changes to the
salary ranges of Police Cadet and Police Officer:
The salary range for Police Cadet will consist of one step, paid 10% below
Step 1 of Police Officer.
The existing Step 1 and Step 2 of Police Officer will be removed, with Step
3 becoming Step 1, making a total of seven steps (1-7). Steps 1 through 7
equal 95% of the next highest step, computed to the nearest $1.00.
4. Health Insurance Cost-Sharing. For the term of the contract the City will maintain
the current cost-sharing formula, as described in the Fire Union section above.
5. Overtime. The parties agreed to clarifying language pertaining to contract and
statutory overtime for sworn and non-sworn classifications.
6. Vacation Cash-Out. The parties agreed to revise the existing vacation cash-out
language to comply with federal law guidelines.
7. Other Miscellaneous Modifications. Other minor modifications resulting in no or
low cost were agreed to, primarily related to clarifying language in the MOA
regarding performance evaluations, master police program, expense
reimbursements, employee leaves, equipment, and work and shift ass ignments.
Page 605 of 1183
Item 6c
Benefits of Successor Fire and POA Labor Agreements
1. A three-year term for the successor labor agreements provides for stable labor
relations and security for the bargaining unit members by avoiding the time and
expense of labor negotiations for three years.
2. Both agreements effect market equity adjustments designed to address the City’s
interest in being competitive with comparison agencies for recruitment and
retention purposes.
3. The multi-year agreements provide certainty around wage and benefit costs for
City budgeting purposes.
Unrepresented Management and Confidential Groups
The unrepresented management group includes 98 employees: two appointed officials
(the City Manager and the City Attorney), ten department heads, and 8 6 other
management employees. These are professional-level employees, exempt from the
overtime provisions of the Federal Labor Standards Act (FLSA), including first -line
supervisors, program managers, senior planner and engineers, analysts, and other
professionals.
The City’s confidential group includes seven employees in the City Administration, City
Attorney, Human Resources Departments. These employees are designated as
unrepresented in accordance with the Government Code 3507.5 and Employer -
Employee Resolution 6620 because they are privy to information that affects employee
relations and labor negotiations and therefore being represented could pose a conflict of
interest.
Management and confidential employees are unrepresented which means there are no
formal negotiations, as there are for other regular employees. The unrepresented groups
met at the end of May to form a recommendation consistent with the City’s fiscal forecast
and equity amongst other employee groups, specifically SLOCEA. While the Ci ty
anticipated conducting a compensation study in 2020, it was delayed due to the COVID-
19 pandemic. The current commitment is to conduct a benchmark compensation study
by February 2022 for SLOCEA and staff will be including benchmark classifications in the
unrepresented management and confidential groups. As such, the unrepresented groups
are focused on a one-year agreement to align and inform the next compensation
resolution with market data.
Page 606 of 1183
Item 6c
The following is a summary of the key changes included in the Resolution for the
unrepresented management and confidential groups:
1. Term of Resolution. July 1, 2021 to June 30, 2022
2. Cost of Living Adjustments. Effective the first full pay period in July 2021, provide
a three (3%) percent cost-of-living adjustment to all unrepresented employees.
3. Health Insurance Cost-Sharing. Maintain the current cost-sharing arrangement
for 2022, as described in the Fire Union section above.
4. One-Time Increase in Vacation Cash-Out. Currently unrepresented employees
can cash out up to forty (40) hours of accrued vacation each year. To recognize
staff for their continued commitment and dedication throughout the COVID -19
pandemic, increase the cash out to eighty (80) hours for the 2021 calendar year.
CONCURRENCE
The City’s bargaining team reached a tentative agreement with Fire and Police pending
Council approval, and both groups shared that the tentative agreements were ratified by
a vote of membership on June 10, 2021 for POA and June 28, 2021 for Fire.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22 and ongoing
Funding Identified: Yes
Page 607 of 1183
Item 6c
Fiscal Analysis:
Funding Sources
by Employee
Group
2021-22
Ongoing Cost
2022-23
Ongoing Cost
2023-24
Ongoing Cost
Cumulative
Ongoing Cost
Fire
General Fund $272,908 $275,335 $321,082 $869,325
POA
General Fund $388,527 $446,093 $489,579 $1,324,199
Confidential
General Fund $16,340 N/A N/A $16,340
Management
General Fund $267,572 N/A N/A $267,572
Tourism Bid Fund $2,170 N/A N/A $2,170
Water Fund $22,745 N/A N/A $22,745
Sewer Fund $25,157 N/A N/A $25,157
Parking Fund $5,559 N/A N/A $5,559
Transit Fund $3,190 N/A N/A $3,190
Whale Rock $5,376 N/A N/A $5,376
Total All Groups $1,009,544 $721,428 $810,661 $2,541,633
The cumulative ongoing cost for Fire, POA, and the Unrepresented Management and
Confidential groups for all funds after all items are implemented for the successor
agreements and resolutions is $2.54M. The ongoing costs will become the new base
cost for future years, will be incorporated into the long-term forecast, and are consistent
with Council adopted Labor Relations Objectives.
ALTERNATIVES
Do not approve recommended changes to the MOAs or resolutions. Instead, direct
staff to return to the bargaining table with Fire and POA and have further conversations
with unrepresented staff. This alternative is not recommended as the resolutions and
MOAs are consistent with previous Council direction and are within projected fiscal
forecasts.
Page 608 of 1183
Item 6c
ATTACHMENTS
A - Draft Resolution – Fire Successor Agreement
B - Legislative Draft of the MOA with Fire
C - Draft Resolution – POA Successor Agreement
D - Legislative Draft of the MOA with POA
E - Draft Resolution – Unrepresented Management Compensation
F - Legislative Draft of Exhibit A to Resolution for Unrepresented Management
Compensation
G - Draft Resolution – Unrepresented Confidentials Compensation
H - Legislative Draft of Exhibit A to Resolution for Unrepresented Confidentials
Compensation
I - Regular Employees Salary Schedule effective July 20, 2021
J - Supplemental Employees Salary Schedule effective July 20, 2021
K - Council Adopted Labor Relations Objectives
L - Council Adopted Compensation Philosophy
Page 609 of 1183
Page 610 of 1183
R ______
RESOLUTION NO. _______ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3523 FOR THE PERIOD OF JANUARY 1, 2021 TO DECEMBER
31, 2023
WHEREAS, the International Association of Firefighters, Local 3523 (Fire) is
committed to providing high quality service to the community; and
WHEREAS, the City Council is committed to providing competitive compensation
to recruit and retain well qualified employees, as provided in the City’s adopted Labor
Relations Objectives and Compensation Philosophy while also considering the long-term
fiscal sustainability of changes in compensation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo hereby revises the Fire’s compensation as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo
and Fire, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby
adopted and ratified.
SECTION 2. The Director of Finance shall adjust the appropriate accounts to reflect
the compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to Jimmy Witt, The International
Association of Firefighters, Local 3523, and Nickole Domini, Interim Human Resources
Director.
Page 611 of 1183
Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 4. Amendments to compensation for The International Association of
Firefighters, Local 3523 do not constitute a “Project” under CEQA Guidelines Sec. 15378.
Upon motion of Council Member ___________________________, seconded by
Council Member ________________________, and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of __________ 2021.
_____________________________
Mayor Heidi Harmon
ATTEST:
__________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
_____________________________
Teresa Purrington
City Clerk
Page 612 of 1183
Exhibit “A”
i
Table of Contents
ARTICLE 1 - PARTIES TO AGREEMENT ...................................................................... 2
ARTICLE 2 - RECOGNITION .......................................................................................... 3
ARTICLE 3 - DUES DEDUCTION ................................................................................... 4
ARTICLE 4 - EMPLOYEE RIGHTS ................................................................................. 5
ARTICLE 5 - MANAGEMENT RIGHTS ........................................................................... 6
ARTICLE 6 - REPRESENTATIVE ROLE ........................................................................ 7
ARTICLE 7 - COMMUNICATION PROCESS ................................................................. 9
ARTICLE 8 - PROMOTIONAL OPPORTUNITIES ........................................................ 10
ARTICLE 9 - UTILIZATION OF CITY FACILITIES ........................................................ 12
ARTICLE 10 - GRIEVANCE PROCEDURE .................................................................. 13
ARTICLE 11 - SALARY ................................................................................................. 16
ARTICLE 12 - PARAMEDIC INCENTIVE PAY ............................................................. 19
ARTICLE 13 - PARAMEDIC COORDINATOR PAY ...................................................... 20
ARTICLE 14 - STATION ONE CAPTAIN INCENTIVE PAY .......................................... 21
ARTICLE 15 - BILINGUAL PAY .................................................................................... 22
ARTICLE 16 - HAZARDOUS MATERIALS INCENTIVE PAY ....................................... 23
ARTICLE 17 - ABOVE GRADE SKILLS INCENTIVE .................................................... 24
ARTICLE 18 - ACTING PAY ......................................................................................... 26
ARTICLE 19 - URBAN SEARCH AND RESCUE INCENTIVE ...................................... 27
ARTICLE 20 - OVERTIME ............................................................................................ 28
ARTICLE 21 - EMERGENCY CALL BACK ................................................................... 32
ARTICLE 22 - WORK OUT OF GRADE ........................................................................ 33
ARTICLE 23 - STANDBY .............................................................................................. 34
ARTICLE 24 - EDUCATIONAL INCENTIVE ................................................................. 35
ARTICLE 25 - UNIFORM ALLOWANCE ....................................................................... 37
ARTICLE 26 - FIRE VEHICLE MECHANIC TOOL ALLOWANCE ................................ 39
ARTICLE 27 - INSURANCE .......................................................................................... 40
ARTICLE 28 - VACATION LEAVE ................................................................................ 44
ARTICLE 29 - HOLIDAYS ......................................................................................... 5049
ARTICLE 30 - BEREAVEMENT LEAVE ................................................................... 5251
ARTICLE 31 - SICK LEAVE ...................................................................................... 5352
ARTICLE 32 - FAMILY LEAVE ................................................................................. 5554
ARTICLE 33 - WORKERS' COMPENSATION LEAVE ............................................. 5756
ARTICLE 34 - MODIFIED WORK ASSIGNMENT .................................................... 5857
ARTICLE 35 - SAFETY ............................................................................................. 6059
ARTICLE 36 - RETIREMENT .................................................................................... 6160
ARTICLE 37 – RETIREE MEDICAL TRUST ............................................................. 6463
ARTICLE 38 - HOURS .............................................................................................. 6867
ARTICLE 39 - HEALTH/FITNESS ............................................................................. 7069
ARTICLE 40 - SALARY SURVEY CITIES ................................................................. 7170
ARTICLE 41 - LAYOFFS ........................................................................................... 7271
ARTICLE 42 - WORK ACTIONS ............................................................................... 7877
Page 613 of 1183
Exhibit “A”
ii
ARTICLE 43 - FIREFIGHTER RECRUITMENT ........................................................ 7978
ARTICLE 44 - PROBATIONARY PERIOD ................................................................ 8079
ARTICLE 45 - RESIDENCY REQUIREMENT ........................................................... 8180
ARTICLE 46 - STAFFING ......................................................................................... 8281
ARTICLE 47 - SENIORITY BIDDING FOR STATION ASSIGNMENT ...................... 8483
ARTICLE 47 - DISCIPLINARY PROCEDURE .......................................................... 9089
ARTICLE 48 - FULL AGREEMENT....................................................................... 102101
ARTICLE 49 - SAVINGS CLAUSE ........................................................................ 103102
ARTICLE 50 - RENEGOTIATIONS ....................................................................... 104103
ARTICLE 51 - AUTHORIZED AGENTS ................................................................ 105104
ARTICLE 52 - TERM OF AGREEMENT ............................................................... 106105
APPENDIX A - CLASSIFICATION ........................................................................ 107106
APPENDIX B - WORK SCHEDULE ILLUSTRATION ........................................... 108107
APPENDIX C - SALARY RANGES ...................................................................... 109108
Page 614 of 1183
Exhibit “A”
Page 2
ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into this July 2017, 202118 by and between the City
of San Luis Obispo, hereinafter referred to as the City, and the International Association
of Firefighters, Local 3523, hereinafter referred to as Union or Local 3523.
Page 615 of 1183
Exhibit “A”
Page 3
ARTICLE 2 - RECOGNITION
Pursuant to Government Code Section 3500 et seq. and City Resolution No. 6620 (1989
Series), the City hereby recognizes the International Association of Firefighters, Local
3523, as the bargaining representative for purposes of representing regular and
probationary employees, occupying the position classifications set forth in Appendix A, in
the Fire Unit with respect to their compensation, hours and other terms and conditions of
employment for the duration of this Agreement.
Page 616 of 1183
Exhibit “A”
Page 4
ARTICLE 3 - DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Union on a
monthly basis for the duration of this Agreement, which dues shall not include
assessments.
Monthly dues deduction additions and/or deletions shall be recorded by the City's Finance
Director or designee and a notification of all dues transactions shall be sent monthly to
the Union Treasurer.
The Union shall hold the City harmless from any and all claims and will indemnify and
defend it against such claims and any unusual costs.
The Union shall refund to the City any amount paid to the Union in error, upon
presentation of supporting evidence.
Page 617 of 1183
Exhibit “A”
Page 5
ARTICLE 4 - EMPLOYEE RIGHTS
Employees of the City shall 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 the City also shall also have
the right to refuse to join or participate in the activities of employee organizations and
shall have the right to represent themselves individually in their employment relations with
the City. No employee shall be interfered with, intimidated, restrained, coerced, or
discriminated against because of the exercise of these rights.
Page 618 of 1183
Exhibit “A”
Page 6
ARTICLE 5 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion;
direct its employees; take disciplinary action; relieve its employees from duty because of
lack of work or for other legitimate reasons; maintain the efficiency of governmental
operations; determine the methods, means and personnel by which government
operations are to be conducted; determine the content of job classifications; take all
necessary actions to carry out its mission in emergencies; and exercise complete control
and discretion over its organization and the technology for performing its work.
This provision is not intended to, and does not restrict, the rights conferred upon the Union
by Government Code Section 3500, et seq.
Page 619 of 1183
Exhibit “A”
Page 7
ARTICLE 6 - REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method, select
not more than five (5) employee members of such organization to meet and confer with
the Municipal Employee Relations Officer and other management officials (after written
certification of such selection is provided by an authorized official of the organization) on
subjects within the scope of representation during regular duty or work hours without loss
of compensation or other benefits. The employee organization shall, whenever
practicable, submit the name(s) of each employee representative to the Municipal
Employee Relations Officer at least two working days in advance of such meeting.
Provided further that no employee representative shall leave his or hertheir duty or work
station or assignment without specific approval of the department head or other
authorized City management official. If employee representatives cannot be released for
good reason, the date of meeting will be rescheduled to a mutually acceptable day.
Union Time Bank
1. Union time bank hours are intended for use by eligible Local 3523 Executive
Board members to conduct official union business.
2. Union members will donate a total of 440 hours per year (inclusive of
carryover time) of vacation time, holiday time, and compensatory time off
(CTO) to a union time bank.
3. The maximum number of hours donated by a union member to the time
bank shall not exceed twelve (12) hours per year.
4. Any hours remaining in the time bank on June 30th of each year shall be
carried over to the next year. If no hours were used in the previous year
and the maximum hours remain in the time bank, no additional donations
by members shall be authorized in the upcoming year.
5. During the first full pay period in July each calendar year, Local 3523’s
President along with the Executive Board and the Senior
AccountantAccounting Manager or designee shall determine the number of
Page 620 of 1183
Exhibit “A”
Page 8
hours remaining in the Union time bank. That number shall be subtracted
from the maximum number of time bank hours of 440 hours. The difference
between the actual number of hours and the 440 hours maximum will be
divided by the number of Local 3523 represented employees. Each 56 -
hour per week employee shall contribute an equal number of leave hours
and each 40-hour per week employee will donate 70% of the amount
donated by 56-hour per week employees to be debited by the City to
maintain 440 hours in the time bank.
6. Donation of hours shall be non-revocable and not returned to the members.
7. Requests for time off that would use time from the bank must be authorized
by the Executive Board and is subject to final approval per department
policies and procedures. Approval for suppression personnel must be
authorized in advance by a Battalion Chief and approval for non-
suppression personnel must be authorized in advance by the Fire Marshal
or designatedesignee.
8. Vacancies created by approved requests that affect constant staffing may
be filled through mandated overtime.
Page 621 of 1183
Exhibit “A”
Page 9
ARTICLE 7 - COMMUNICATION PROCESS
Pursuant to City Resolution 6619 (1989 Series) the City agrees with the Union to improve
communications and provide for the following:
A. Monthly Conferences
There will be a monthly meeting between the Fire Chief or designee department
head and management member(s) and a least two (2) union representatives to
discuss problems or other subjects of mutual interest. Minutes of the meeting will
be maintained to reflect topics discussed, actions to be taken, the party responsible
for any action and the expected completion date.
B. Quarterly Meetings
Two (2) to four (4) representatives of the Union, the City Manager (or designee),
department headFire Chief (or designee), and management representative(s)
designated by the City will meet quarterly, if requested by the Union or Fire Chief
if there are issues of concern to the parties. No issues will be brought to this
quarterly meeting without first having been discussed with the Fire Chief
Department Head at a scheduled monthly meeting.
Page 622 of 1183
Exhibit “A”
Page 10
ARTICLE 8 - PROMOTIONAL OPPORTUNITIES
Announcements for promotional opportunities for members of the Union will list testing
and scoring processes that will be followed. Once defined, testing, and scoring processes
will not be modified.
There will be no banding on promotional exams and, if a candidate is by-passed during
the selection process, that person will be given a written reason by the Fire Chief as to
why s/hethey was were by-passed. The City agrees to an opener to discuss the
promotional process if the Fire Chief goes below the top three (3) candidates in making
his their selection on promotional exams two (2) or more times during the term of this
Agreementcontract.
In accordance with Section 2.36.240 A4 of the City’s Personnel Rules and Regulations,
“When an employee is promoted, the employee shall be paid at the first step in the salary
range for the new positions whose salary is at least five percent above the last step held
in the former position.” When promoting to Fire Engineer or Fire Captain, the last step
held will be defined as step pay only, exclusive of any incentive or overtime pay unless
the employee is no longer eligible for such incentive upon promotion (i.e. Paramedic
Coordinator). Specifically, when promoting to Fire Captain, if the department has more
than the minimum of 24 Paramedics, as outlined in Article 44 – Staffing, and does not
have the operational need for an employee promoting to Fire Engineer or Fire Captain to
remain a Paramedic and will therefore not continue to receive the Paramedic Incentive
Pay, the City shall include the Paramedic Incentive Pay in determining salary placement
for the promotion.
In accordance with the January 24, 2020 grievance settlement, step placement upon
promotion for Fire Battalion Chief is primarily based on applicable education and
experience. Education and experience will be first applied to meet the minimum
requirements per the current job description. Education and/or experience in excess of
that needed to meet minimums will be applied as follows:
Page 623 of 1183
Exhibit “A”
Page 11
Two years of experience as a SLO City Fire Captain equates to one step.
Two years of education equates to one step.
Once initial step placement is proposed, a pay analysis will be conducted to ensure step
placement is above Fire Captain gross pay. The calculation will be as follows:
Fire Captain gross pay includes base pay, regularly scheduled FLSA pay, and the
following incentives: bilingual pay, Station 1 Captain incentive, Paramedic
Incentive, HazMat Incentive, Paramedic Coordinator Incentive, and USAR
incentive.
Battalion Chief proposed step is based on education and experience plus eligible
incentives.
If Battalion Chief proposed step is more than Fire Captain gross pay; then Battalion
Chief step placement is appropriate.
If Battalion Chief proposed step is less or equal to the Fire Captain gross pay;
adjust to the next Battalion Chief step above Fire Captain gross pay.
Formatted: Centered
Page 624 of 1183
Exhibit “A”
Page 12
ARTICLE 9 - UTILIZATION OF CITY FACILITIES
A. Local 3523 shall be allowed to use Fire Department facilities for official Union
activities. The Union will notify the Chief or his/hertheir representative of any
upcoming meetings. The Union will follow any sign-up procedures for room
availability the Fire Department has in place. Scheduling of the facilities usage will
would be conducted so as not to conflict or interfere with normal operation of
departmental business. In lieu of any conflicts in availability or a denial by the
Chief, it will be presumed that the Union will have the OK approval of the Chief to
use the facility. Activities will wouldinclude but will would not be limited to: General
Membership meetings, Board of Directors meetings, Negotiation Team meetings,
and various special committee meetings.
B. Facilities available for official Union activities will would include, but will would not
be limited to: conference room, training room, and second floor common areas.
C. Local 3523 understands that e-mail sent over the City network is public record.
With this acknowledgement, the City gives the Union the right to use the City
computers and the e-mail system while conducting official Union activities at Fire
Department facilities. This right may be revoked at any time or for any reason.
This revocation must be done in writing and must be delivered in person to a San
Luis Obispo Firefighters’ Board member.
Page 625 of 1183
Exhibit “A”
Page 13
ARTICLE 10 - GRIEVANCE PROCEDURE
A. A grievance is an alleged violation, misinterpretation or misapplication of the
Employer-Employee Resolution, the Personnel Rules and Regulations, any
memorandum of agreement with an employee association or any existing written
policy or procedure relating to wages, hours or other terms and conditions of
employment excluding disciplinary matters.
B. Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. Employees may be
accompanied by a representative at each step of the process. If a specific action
to be grieved affects several employees, those employees may consolidate their
grievance and be represented.
C. Each Ggrievance shall be handled in the following manner:
1. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. If the matter can be resolved at that level to the satisfaction of the
employee, the grievance shall be considered terminated.
2. If still dissatisfied, the employee may immediately submit the grievance in
writing to the department head for consideration, stating the facts on which
it was based, including the provision of the rules, regulations or agreement
said to be violated, and the proposed remedy. This action must take place
within fifteen (15) business days of the occurrence of the grievance. The
department head shall promptly consider the grievance and render a
decision in writing within fifteen (15) business days of receiving the written
grievance. If the employee accepts the department head's decision, the
grievance shall be considered terminated.
D. If the employee is dissatisfied with the department head's decision, the employee
may immediately submit the grievance in writing to the Hhuman Rresources
Page 626 of 1183
Exhibit “A”
Page 14
Ddirector within five (5) business days of receiving the department head's decision.
The Human Resources Director shall confer with the employee and the department
head and any other interested parties and shall conduct such other investigations
as may be advisable.
E. The results or findings of the Human Resources Director’s such conferences and
investigations shall be submitted to the City Manager in writing within fifteen (15)
business days of receiving the employee’s written request. The City Manager will
meet with the employee if the employee so desires before rendering a decision
with respect to the complaintgrievance. The City Manager’s decision shall be in
writing and given to the employee within fifteen (15) business days of receiving the
Human Resources Director's results and findings. Such decision shall be final
unless the employee desires a review of the decision.
F. If the employee desires a review of the decision the procedure is as follows:
1. Hearing Officer (for employees represented by SLOPOA or IAFF, Local
3523)
a. The employee will have five (5) business days following receipt of
the City Manager’s decision to submit a written request to the Human
Resources Director for review of the decision. The Human
Resources Director will obtain a list of five (5) potential hearing
officers from the State Mediation and Conciliation Service. Then
following a random determination of which party (city or appellant)
begins, parties shall alternately strike one name from the list until
only one remains.
b. Within thirty (30) business days, the hearing officer shall review the
record and conduct a hearing on the matter. Within ten (10) business
days the hearing officer shall render a decision which shall be final.
c. Any dispute regarding the eligibility of an issue for the grievance
process may be appealed through the process ultimately to the
hearing officer who shall decide on the eligibility prior to ruling on the
Page 627 of 1183
Exhibit “A”
Page 15
merits.
d. Any fees or expenses of the hearing officer shall be payable one-half
by the city and one-half by the Union. All other expenses shall be
borne by the party incurring the expense.
Formatted: Centered
Page 628 of 1183
Exhibit “A”
Page 16
ARTICLE 11 - SALARY
A. Rules Governing Step Increases
The rules governing step increases for employees covered by this Agreement MOA are
included in the current Salary Resolution with the following modification: The Fire Chief
shall be authorized to reevaluate employees who reach the top step in their pay range.
An employee who is not performing up to standard for the top step shall be notified in
writing that the department head intends to reduce him/herthem one step unless
his/hertheir job performance improves significantly within a sixty (60) -day period. Unless
the employee's job performance improves to an acceptable level by the end of sixty (60)
days, the pay reduction shall then become effective. The top step may be reinstated at
any time upon recommendation of the department head. If the Fire Chief deems it
necessary to again remove the top step during the same fiscal year, he/shethey may
make the change at any time with three (3) business days written notice.
For the position of Firefighter, the salary range consists of six (6) steps (1 through 6).
Steps 2 through 5 equal 95% of the next highest step, computed to the nearest one dollar.
Step 1 equals 90% of step 2.
Step 5 = 95% of Step 6
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 90% of Step 2
Each salary range for all other positions in the unit consists of five steps (1 through 5).
Steps 1 through 4 equal 95% of the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Page 629 of 1183
Exhibit “A”
Page 17
Each across-the-board percent salary increase shall raise the top step of the range by
that percent. The highest step of each successive salary range shall be 2.63% above the
highest step of the next lower range. After all highest steps of salary ranges have been
established, each highest step shall be rounded off to the nearest dollar and the remaining
steps established in accordance with the above formula. Employees who are eligible for
advancement to the top two steps must receive at least a "competent" rating on their most
recent performance evaluation prior to or coincident with their being eligible for
advancement by time in grade. Competent is defined as "Performance meets standards
of a qualified employee."
Step progression for Firefighters will be subject to existing personnel standards, with the
timing for progression being one-year for each step.
B. Salary Provisions for Term of Agreement
Salary increases will be effective the first day of the first full pay period in the month listed
below for all classifications:
March 2018 1%
July 2021 2.5%
July 2022 2.5%
July 2023 2.5%
C. Market Equity Adjustments
In addition to the above listed salary increases, the following classifications shall receive
market equity adjustments to be effective on the first day of the first full pay period in the
month listed below:
July 2021 4% Firefighters, Fire Engineers, Fire Captains
July 2021 1% Fire Battalion Chiefs (BCs)
July 2022 1.5% Firefighters, Fire Engineers, Fire Captains, BCs
July 2023 1.5% Firefighters, Fire Engineers, Fire Captains, BCs
Page 630 of 1183
Exhibit “A”
Page 18
The salary ranges for the term of this agreement are listed in Appendix C.
C.D. "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated,
freezing her/histheir salary until such time as there is an improved job performance. The
department head shall give sixty (60) days written notice to any employee s/hethey
intends to "Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y"
rating procedure shall not result (then or later) in the employee being frozen below the
next lower step of the new range.
D.E. Payday
Payroll will be disbursed on a bi-weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject
to adjustment for cause beyond the City's control.
E. Lump Sum Payments
The City shall pay a twelve percent (12%) pay incentive of the monthly top step Firefighter
base salary, prorated to a bi-weekly amount, to those Firefighters, Fire Engineers, or Fire
Captains assigned to EMT Paramedic duties by the Fire Chief or designee. Effective the
first full pay period of July 2023, the paramedic incentive shall change to be twelve percent
(12%) of the employee’s base pay to those Firefighters, Fire Engineers, or Fire Captains
assigned to EMT Paramedic duties by the Fire Chief or designee. This pay incentive is
effective the first full pay period following paramedic certification and assignment.
Paramedics required to recertify shall be granted four (4) hours training time per month
for six (6) months prior to the recertification. Such hours shall be scheduled by the
Department during the normal working day.
The Paramedic incentive shall be considered the same as base pay when determining
the starting salary upon promotion to Captain.See Article 8 – Promotional Opportunities
Page 631 of 1183
Exhibit “A”
Page 19
for guidance on when the City shall include Paramedic Incentive Pay in determining salary
placement for promotion.
Probationary Firefighters are not eligible to act as paramedics in the first six (6) months
of their probationary period. After that point in their probationary period, they may be
allowed to do so, but only after a consultation with the Fire Chief or his/hertheir designee,
a Union Officer, and the Paramedic Coordinator.
Page 632 of 1183
Exhibit “A”
Page 20
ARTICLE 13 - PARAMEDIC COORDINATOR PAY
As soon as administratively possible following Council’s adoption of the Agreement, the
City shall pay an additional five percent (5%) pay incentive of base rate of pay to those
Firefighters, Fire Engineers, or Fire Captains assigned to EMT Paramedic Coordinator
duties by the Fire Chief or designee. This pay incentive is effective the first full pay period
following the assignment.
Page 633 of 1183
Exhibit “A”
Page 21
ARTICLE 143 - STATION ONE CAPTAIN INCENTIVE PAY
Fire Captains regularly assigned to Station One shall receive $57.69 bi-weekly pay
incentive, to compensate for the additional Station One workload. Mandatory
assignments to Station One for Captains shall not exceed two consecutive years.
Employees are eligible for this incentive the first full pay period following eligibility.
Page 634 of 1183
Exhibit “A”
Page 22
ARTICLE 154 - BILINGUAL PAY
Employees, with the exception of Battalion Chiefs, certified as bilingual in Spanish
through the testing process shall receive a bilingual payment of $35 per pay period.
Additional languages that qualify for this incentive may be approved by the City based
upon demonstrated need. Employees are eligible for this incentive the first full pay period
following qualification.
Page 635 of 1183
Exhibit “A”
Page 23
ARTICLE 165 - HAZARDOUS MATERIALS INCENTIVE PAY
Safety employees, with the exception of Battalion Chiefs, certified as Hazardous Materials
(Haz Mat) Specialists or Technicians and assigned to the Haz Mat Team by the Fire Chief
must meet minimum qualifications and training standards established by the County
coordinating agency. Safety employees meeting this eligibility criteria shall receive
incentive pay equal to four percent (4%) of the top step Firefighter base salary effective
the first full pay period following assignment. Employees who do not meet minimum
qualifications and established training standards as verified by the County’s quarterly
reporting process, will not be eligible to participate in the County Haz Mat Team and will
not be eligible for the incentive until such time as they meet minimum qualifications and
established training standards. The Fire Chief or designee may excuse Haz Mat training
exercises; however, irrespective of excused absences, employees are expected to meet
minimum training requirements.
The Department will support a six (6) person Haz Mat Team (2 per shift). It is recognized
that maintenance of the six (6) person Haz Mat Team will be subject to the department
procedures for filling any vacancies on the Team.
Haz Mat Technicians will be expected to certify as Haz Mat Specialists within twelve (12)
months of joining the team in order to continue receiving the incentive pay. Exceptions
may be made to the timeline to certify as a Haz Mat Specialist as granted by the Fire
Chief or designee based on availability of the required training.
Page 636 of 1183
Exhibit “A”
Page 24
ARTICLE 176 - ABOVE GRADE SKILLS INCENTIVE
A. The City shall pay four percent (4%) pay incentive of base rate of pay to those
Firefighters, Engineers, or Captains who become qualified to serve and function at
the next higher classification above their current rank, hereinafter referred to as
Above Grade Skills Incentive. Employees are eligible for this incentive the first full
pay period following qualification/certification through the testing and task booking
process as outlined in the Department Training Manual and General Operations
Manual sections 502.01, 502.02, and 502.03. Policies and Procedures, Training
and Equipment, 2004, 2005, and 2006.
A.B. Also contained in these references are the requirements for refresher training and
skills maintenance to remain qualified/certified to serve in these acting capacities.
Biennial (occurring every two years) recertification is required to maintain or
reinstate an Above Grade Skills Incentive. This program is administered by the
Department Training Officer (the Deputy Fire Chief) or other employee selected by
the Fire Chief.
B.C. Individuals who are qualified/certified at more than one higher classification (e.g.,
an employee of the Firefighter rank who is Acting Engineer and Acting Captain
qualified) shall only receive one (1) Above Grade Skills Iincentive (four percent).
C.D. An individual receiving this incentive who declines to work in the classification f or
which they are receiving the incentive, will have their incentive removed and be
required to recertify in order to receive the incentive again. The decision to remove
the incentive is reserved to the Chief and is subject to appeal to the Chief by the
affected employee.
D.E. Relief Engineer certification is not eligible for the incentive.
E. Employees who are “actors” as of the date of adoption of this memorandum of
agreement Agreement by Council, will be considered eligible for this incentive.
Recertification will be required within twelve months of that date.
Page 637 of 1183
Exhibit “A”
Page 25
F. Effective upon Council Adoption, Firefighters, Fire Engineers, and Fire Captains
that are receiving Above Grade Skills Incentive and who have been temporarily
promoted filling a long-term vacancy in accordance with General Order 201.05
Policies and Procedures, Staffing, 4600 (vacancies greater than 60 shifts) are
eligible for an additional one percent (1%) not to exceed five percent (5%) pay
during the temporary promotion. This additional one percent (1%) incentive is
effective the first full pay period following the date of assignment.
F. As soon as administratively possible following Council adoption of the Agreement,
the City shall discontinue providing the Above Grade Skills Incentive to eligible
employees and instead offer Acting Pay as outlined in Article 18.
As soon as administratively possible following Council adoption of the Agreement,
whenever the needs of the City require an employee to temporarily perform the duties of
a higher classification than that in which the employee is currently employed. To qualify
for Acting Pay, the temporary assignment must be for 24-hour shift increments. The
employee shall receive Acting Pay calculated as five percent (5%) of the base hourly rate.
The following classifications are eligible for Acting Pay:
Firefighter acting as a Fire Engineer.
Firefighter acting as a Fire Captain.
Fire Engineer acting as a Fire Captain.
Fire Captain acting as a Battalion Chief.
Battalion Chief acting as a Deputy Fire Chief or Fire Chief.
Eligibility for an Acting assignment requires the employee to have a signed off task book
or equivalent in the higher-level classification.
Page 638 of 1183
Exhibit “A”
Page 26
ARTICLE 197 - URBAN SEARCH AND RESCUE INCENTIVE
The City shall pay $75 bi-weekly for three employees, at the rank of Firefighter, Engineer
or Captain, who are members of the SLO County Urban Search and Rescue Team
(USAR). Members of the USAR Team must meet minimum qualifications and training
standards established by the County coordinating agency. in good standing who attend
monthly Team drills and maintain currency in all technical skill areas. Employees meeting
this eligibility criteria shall receive are eligible for thisthe incentive the first full pay period
following qualificationassignment. Employees who do not meet minimum qualifications
and established training standards as verified by the County’s quarterly reporting process,
will not be eligible to participate in the County USAR Team and will not be eligible for the
incentive until such time as they meet minimum qualifications and established training
standards. The Fire Chief or designee may excuse USAR training exercises; however,
irrespective of excused absences, employees are expected to meet minimum training
requirements. In addition, these employees will act as trainer/subject matter expert for
technical rescue disciplines for recurring advanced technical rescue training within the
Fire Department.
Page 639 of 1183
Exhibit “A”
Page 27
ARTICLE 2018 - OVERTIME
A. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty shall
receive overtime pay at time-and-one-half computed at their base salary for those
hours worked in excess of regularly scheduled shifts.
Pay incentives included in this calculation of MOA Overtime include:
Above Grade Skills Incentive
Acting Pay
Bilingual Pay
Education Incentive
HazMat Incentive
Holiday (quarterly cash out)
Paramedic Coordinator Incentive
Paramedic Incentive
Station 1 Captain Incentive
USAR Incentive
B. Battalion Chiefs shall be considered exempt and not eligible for overtime payment
or any return-to-work minimum payments, except as described below, in Article
19, or specifically authorized by the Fire Chief due to extraordinary circumstances.
Extraordinary shall be defined as an actual emergency requiring a Battalion Chief
to return to work. It does not include administrative meetings, etc. In general,
Battalion Chiefs are expected to work the hours necessary to successfully carry
out their duties and frequently must return to work or attend meetings and events
outside their normal working hours.
C. Pursuant to Article 18.3 of the 2016-17 MOA, the City conducted an internal review
of whether the Battalion Chief classification is exempt or non-exempt under Fair
Labor Standards Act and an analysis of FLSA overtime in light of the Flores v. City
of San Gabriel decision. This confirms the City’s determination that the Battalion
Chiefs meet the legal requirements for exemption from FLSA overtime and that the
City’s implementation of the dual calculation method, as described in the letter to
Local 3523 dated October 6, 2017, addresses the FLSA compliance requirements
Page 640 of 1183
Exhibit “A”
Page 28
announced in the Flores decision.
D. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty are
assigned to work (one hundred ninety-two (192) hours in a twenty-four (24) day
work periodpay cycle. Employees in these classifications who work more than one
hundred eighty-two (182) hours during a pay cycle, shall be paid time and one-half
(1 1/2) for all hours worked in excess of one hundred eighty-two (182) hours
worked in the twenty-four (24) day pay cycle. Paid time off shall be counted as
time worked when calculating this overtime pay.
E. All non-safety personnel shall receive overtime pay at time-and-one-half computed
at their base salary for all hours worked in excess of forty (40) hours per work week
including holiday, sick leave and vacation unless they elect to receive
compensatory time off at time and one-half.
F. Pay incentives included for non-safety personnel in this calculation of MOA
Overtime include:
Bilingual Pay
Education Incentive
Work out of Grade Pay
G. All overtime shall be authorized in writing by the Fire Chief or designee prior to
being compensated.
H. All overtime shall be paid to the nearest quarter hour worked where no minimum
is authorized.
I. Overtime Call Back (Firefighters, Fire Engineers and Fire Captains): Overtime call
back shall be as follows:
First Option – Rank for rank including a minimum of four paramedics
Second Option – Certified Acting Personnel
Third Option – Mandatory staffing that ensures adequate paramedic and
officer coverage
Page 641 of 1183
Exhibit “A”
Page 29
Prior to a mandatory call back for paramedic coverage, Captains with paramedic
certification will be offered the opportunity to work as a Paramedic.
J. Battalion Chiefs – Administrative Leave.
In recognition of these requirements and the 24-hour staffing requirements of Fire
Departments, Battalion Chiefs shall be afforded flexibility in managing their work
load and time and are eligible to take a maximum of seventy-two (72) hours per
calendar year of Administrative Leave. Battalion Chiefs will earn seventy-two (72)
hours of administrative leave the pay period that January 1st falls into and such
leave may be taken at any time during the year. Administrative leave hours shall
be pro-rated on a monthly basis (the rate of six (6).0 hours per month) when a
Battalion Chief is hired during the year. There shall be no carryover of such leave
from year to year or any payoff for unused leave except that during the month of
December employees may request up to forty (40) hours of unused administrative
leave to be paid in cash the pay period that January 1st falls into provided that total
administrative leave taken and paid does not exceed seventy-two (72) hours
during the calendar year.
K. Battalion Chiefs – Shift Coverage.
Shift Fire Battalion Chief absences will be covered by an off-duty Fire Battalion
Chief, through the Call Back options listed below.
A Fire Battalion Chief working shift continuation or shift coverage for another Fire
Battalion Chief will receive a stipend at the rate of 1.275% of base pay for each
hour worked. Effective upon Council Adoption, the stipend rate will increase from
1.275% to 1.5% of base pay for each hour worked. Fire Battalion Chiefs continue
to be overtime exempt and will perform all other additional work without additional
compensation except as described above under “Administrative Leave”.
L. Battalion Chiefs – Call Back.
Shift coverage call back shall be as follows:
Page 642 of 1183
Exhibit “A”
Page 30
First Option – Rank for rank
Second Option – Certified actors.
Third Option – The Deputy Fire Chief or Fire Chief may temporarily act as
Battalion Chief in situations that would otherwise require mandatory
overtime.
Fourth Option – Mandatory rank for rank.
M. Notwithstanding the MOA overtime provisions set forth in subsections A -I above,
effective October 12, 2017, the City implemented a dual calculation of overtime for
the classifications of Firefighter, Fire Engineer and Fire Captain. The purpose of
the dual calculation is to ensure the correct calculation and payment of strict Fair
Labor Standards Act (“FLSA”) overtime. For the purpose of calculating FLSA
overtime, the City will apply a 207(k)-work period of twenty-four (24) days. FLSA
overtime is defined as all hours actually worked over 182 in the 24-day work period.
FLSA overtime will be calculated at the rate of time and one-half the employee’s
regular rate of pay, which includes the following special pays: Acting Pay, Bilingual,
Education, Haz Mat, Health Insurance Cash-in-Lieu, Paramedic, Standby, Station
1 Captain, and USAR. FLSA overtime required by this subsection shall be
calculated in accordance with the FLSA statutory and regulatory regular rate
requirements.
Page 643 of 1183
Exhibit “A”
Page 31
ARTICLE 2119 - EMERGENCY CALL BACK
A. Firefighters, Engineers and Captains who are unexpectedly called back to work
after completing their shift and having left the worksite shall be paid a four (4) -
hour minimum guarantee at time- and- one- half.
B. Non-safety personnel shall receive a minimum of four (4) hours at time and one-
half for emergency call back or time and one-half for hours actually worked,
whichever is larger.
C. Employees who are called back as defined above shall receive the minimum
provided by this article or pay for the work performed, whichever is larger.
D. Battalion Chiefs who are unexpectedly called back to work after completing their
shift shall be paid the shift coverage stipend of 1.275% for actual time worked but
do not receive a call back minimum.
Effective upon Council Adoption, Battalion Chiefs who are unexpectedly called
back to work after completing their shift and having left the worksite shall be paid
a four- (4) hour minimum at the shift coverage stipend rate of 1.5% for the four (4)-
hour minimum or actual time worked, whichever is greater.
Page 644 of 1183
Exhibit “A”
Page 32
ARTICLE 220 - WORK OUT OF GRADE
Non-Safety Employees temporarily assigned to work in a higher classification will receive
one step additional pay but in no case more than the top step for the higher classification
under the following conditions:
1. The assignment exceeds eight (8) consecutive work - days in which case the step
increase becomes effective on the ninth (9th) work- day.
2. The person being temporarily replaced is on extended sick or disability leave, or the
position is vacant and an examination is pending.
3. Employees not eligible for the step increase (under 10 days) shall receive
compensation on the following basis:
Hours Worked Compensation Earned
0-5 hours, 59 minutes 0
6-11 hours, 59 minutes 1 hour, paid at straight time (ST)
12-24 hours 2 hours, paid at ST
Battalion Chiefs temporarily assigned as the acting Fire Chief on their days off will be
eligible for compensatory time off on the following basis:
Hours Assigned CTO Earned
0-5 hours 59 minutes 0
6 hours – 11 hours 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
Page 645 of 1183
Exhibit “A”
Page 33
ARTICLE 2321 - STANDBY
A. Standby duty is defined as that circumstance which requires an employee so
assigned to:
Be ready to respond immediately to a call for service;
Be readily available at all hours by telephone or other agreed -upon
communication equipment; and
Refrain from activities which might impair their assigned duties upon call
(including alcohol consumption).
A.B. Employees below the rank of Fire Marshal/Battalion Chief on standby shall be
compensated one hour's pay for each eight (8) hour incident with a minimum of
two (2) hours straight time pay for each assigned standby period.
B.C. The Fire Vehicle Mechanic shall receive thirty-five dollars ($35.00) for each week-
day and forty dollars ($40.00) for each weekend day and holiday when assigned
to standby. For return to work as part of a standby assignment, the City will
guarantee either two (2) hours of pay in cash at straight time or pay at time and
one half for time actually worked, whichever is greater.
Standby Periods: During Fire Season (typically June-October), whenever fleet is
supported by reserve units, or when any other need arises; as mutually agreed
upon by the Fire Chief or designee and Fire Vehicle Mechanic.
C.D. The parties agree that employees on standby, as defined above, are waiting to be
engaged for purposes of MOA and FLSA overtime.
Page 646 of 1183
Exhibit “A”
Page 34
ARTICLE 242 - EDUCATIONAL INCENTIVE
The City agrees to an educational incentive pay plan with the following provisions:
A. Basic Benefits.
Educational incentive pay shall not start for one (1) year after employment with the
City of San Luis Obispo, but credit will be given for approved education obtained
prior to that time. The basic benefit will consist of $46.16 bi-weekly for possession
of an A.A., or equivalent degree from an accredited community or junior college;
and $92.31 bi-weekly for a B.A. or equivalent degree from an accredited four- year
college or university. Total educational incentive pay shall in no case exceed
$92.31 bi-weekly.
B. Job Related Fields.
Degrees must be in fields which are directly job related and if not, at least thirty
(30) semester units leading toward the appropriate degree with a grade of "C" or
better must be included.
C. Application and Approval.
Application for the educational incentive pay shall be made by the employee to the
department head Fire Chief or designee at least thirty (30) days before the date
the payment of the incentive pay is to be effective. Approval of the department
headFire Chief or designee and the Human Resources Director or designee shall
be required.
D. Unsatisfactory Performance.
In the event an employee receiving the educational incentive pay is not performing
Page 647 of 1183
Exhibit “A”
Page 35
up to the established standards set for the job, the department head with the
concurrence of the City Manager, may suspend payment of the educational
incentive pay until such time as the employee's work performance comes up to the
standard level, in the opinion of the department head and concurred in by the City
Manager.
E. Non-Applicability.
It is the City's intention not to pay the educational incentive for any degree which
is required for the position held by the employee. Educational incentives shall not
be paid for education received on City time. The education incentive shall be
removed if the employee is promoted to a position which does not entitle the
employee to such incentive.
F. Tuition and Books.
Employees who have completed their initial probation period may participate in the
City’s Tuition Reimbursement Program at the current reimbursement rate.
Page 648 of 1183
Exhibit “A”
Page 36
ARTICLE 2523 - UNIFORM ALLOWANCE
A. Positions designated by the Fire Chief that are required to wear an approved
uniform to promote the dDepartment’s public image shall receive an annual
allowance of $1,000 paid semi-annually to be spent on the purchase and
maintenance of department-approved uniforms. Said allowance shall be paid
directly to each eligible employee on the first full pay period of July and of January.
Positions designated by the Fire Chief as only requiring occasional usage, such as
the Fire Vehicle Mechanic, shall receive $500 paid semi-annually to be spent on
the purchase and maintenance of department-approved uniforms. Said allowance
shall be paid directly to each eligible employee on the first full pay period of July
and of January.
The Fire Chief or his/hertheir designated representative shall conduct an
inspection at least once a year to ensure that each employee has the minimum
number of uniforms and that all uniforms meet department standards regarding
safety and appearance. Employees whose uniforms do not meet standards may
be subject to disciplinary action.
B. A uniform allowance cash advance of one (1) year will be given to new employees
for purchase of their uniforms. If the employee severs employment with the City
or is terminated within one (1) year, the cash advance shall be deducted from the
employee's last paycheck.
C. Where thise aAgreement refers to uniform standards, it shall mean the following:
The Fire Chief shall establish and maintain a set of standards for the maintenance,
care and wearing of employee uniforms. Such standards shall be on file in the Fire
Chief's office, in each fire station, and in the Human Resources Director's office.
D. Employees will be responsible to purchase and maintain health/fitness clothes,
including appropriate athletic footwear. Appropriate health/fitness clothing will be
determined through agreement between the Union and the Department.
Page 649 of 1183
Exhibit “A”
Page 37
E. Damaged Uniform Reimbursement
1. The City shall reimburse the cost in excess of ten ($10.00) dollars, for
repairing or replacing Department approved uniforms which are damaged
within the course of employment. No reimbursement shall be made if the
damage was due to negligence on the part of the employee. At the time of
damage, the employee will submit a report documenting where and how the
uniform was damaged.
2. The Fire Chief shall determine the use and extent of wear of damaged
items. Replacement amounts shall be prorated. The Department will
establish administrative regulations consistent with this section.
F. The City will bear any additional costs resulting from City mandated changes in
required uniform items during the term of this agreement.
Page 650 of 1183
Exhibit “A”
Page 38
ARTICLE 264 - FIRE VEHICLE MECHANIC TOOL ALLOWANCE
The Fire Vehicle Mechanic classification is eligible to receive a tool allowance of $1,000
per year for tool replacement, tool purchase, and/or tool updates. The allowance will be
included in the employee’s first full pay period in January each calendar year. Eligible
employees hired after the annual tool allowance is provided, will receive a prorated tool
allowance, based on his/hertheir start date.
Page 651 of 1183
Exhibit “A”
Page 39
ARTICLE 275 - INSURANCE
A. Health Flex Allowance
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase such
coverage through the City’s Section 125 Plan “Cafeteria Plan”. If the health flex
allowance is less than the cost of the medical plan, the employee shall have the
opportunity to pay the difference between the health flex allowance and the
premium cost on a pre-tax basis through the City’s Cafeteria Plan. If the premium
cost for medical coverage is less than the health flex allowance, the employee shall
not receive any unused health flex in the form of cash or purchase additional
benefits under the Cafeteria Plan. Less than full-time employees shall receive a
prorated share of the City’s contribution. The current monthly health flex allowance
shall be:
Employee Only $ 585539.00
“Grandfathered” Employee Only $ 892.00 (with no cash back)
Employee Plus One $1,157066.00
Family $1,566442.00
Employees hired prior to October 18, 2016 that elect employee only medical
coverage will receive the health flex allowance listed above for employee only
“grandfathered” coverage. If the premium cost for medical coverage is less than
the health flex allowance, the employee shall not receive any unused health flex in
the form of cash.
Effective for the 2023 and 2024 premiums, in December 2018 (for the January
2019 premium), December 2019 (for the January 2020 premium), and December
2020 (for the January 2021 premium), the City’s total Cafeteria Plan contribution
shall be modified by an amount equal to one half of the average percentage
changes for family coverage in the PERS health plans available in San Luis Obispo
Page 652 of 1183
Exhibit “A”
Page 40
County. For example: if three plans are available and the year-to-year changes
were +10%, + 20%, and -6% 15% + 20% respectively, the City’s contribution would
be increased by 7.54% ((10% + 1520% + -620%) ÷ 3 = 815% x ½). The employee
only “grandfathered” amount will not adjust.
B. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program. The City
shall contribute an equal amount towards the cost of medical coverage under the
Public Employee’s Medical and Hospital Care Act (PEMHCA) for both active
employees and retirees. The City’s contribution toward coverage under PEMHCA
shall be the statutory minimum contribution amount established by CalPERS on
an annual basis. The City's contribution will come out of that amount the City
currently contributes to employees as part of the Cafeteria Plan provided to
employees in their various MOA's. The cost of the City's participation in PERS will
not require the City to expend additional funds toward health insurance beyond
what is already provided for in the various bargaining agreements. In summary,
this cost and any increases will be borne by the employees.
C. Conditional Opt-Out
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) that is not qualified health
plan coverage under an exchange/marketplace or an individual plan, will be
allowed to waive medical coverage for themselves and their qualified dependents
(tax family). The monthly conditional opt-out incentives are:
Opt Out $200
“Grandfathered” Opt Out $892 (hired prior to 10/18/2016)
Page 653 of 1183
Exhibit “A”
Page 41
The conditional opt-out incentive shall be paid in cash (taxable income) to the
employee. The employee must notify the City within thirty (30) days of the loss of
other minimum essential coverage. The conditional opt-out payment shall no
longer be payable, if the employee and family members cease to be enrolled in
other minimum essential coverage. Employees receiving the conditional opt-out
amount will also be assessed $16.00 per month to be placed in the Retiree Health
Insurance Account. This account will be used to fund the City's contribution toward
retiree premiums and the City's costs for the Public Employees' Contingency
Reserve Fund and the Administrative Costs. However, there is no requirement
that these funds be used exclusively for this purpose nor any guarantee that they
will be sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
D. Dental and Vision Insurance/Dependent Coverage
Employee’s participation in the City's dental and vision plans is optional.
Employees who elect coverage shall pay the dental and/or eye premium by payroll
deductions on a pre-tax basis through the City’s Cafeteria Plan.
E. Long-Term Disability Insurance
Safety employees are covered for Long Term Disability Insurance through the
Union’s plan. All non-safety employees in this bargaining unit shall be covered
under the City’s Long Term Disability Insurance Program. Non-safety employees
shall pay the LTD premiums by payroll deduction on a pre-tax basis through the
City’s Ccafeteria Pplan.
F. Life Insurance – Battalion Chiefs
Fire Battalion Chiefs:
Fire Battalion Chief’s shall have term life insurance coverage in the amount of
Page 654 of 1183
Exhibit “A”
Page 42
Thirty-Five Thousand Dollars ($35,000). Ten Thousand Dollars ($10,000) shall be
paid by the employee through the City’s Cafeteria Plan and Twenty-Five Thousand
($25,000) shall be paid by the City. The Fire Battalion Chief’s life insurance policy
includes Accidental Death and Dismemberment coverage in the amount of Thirty-
Five Thousand Dollars ($35,000) paid by the City.
All Other Fire Association Members:
All other Fire Association Members shall have term life insurance coverage in the
amount of Ten Thousand ($10,000) paid by the employee through the City’s
Cafeteria Plan. Accidental Death and Dismemberment coverage in the amount of
Ten Thousand Dollars ($10,000) shall be paid by the employee through the City’s
Cafeteria Plan.
G. Representation on a Medical Plan Review Committee
The Union shall actively participate in the Medical Plan Review Committee. Such
committee shall review medical plans and may recommend alternative medical
plans, including those offered by PERS.
H. Reservation of Rights
During the term of this aAgreement, the City reserves the right to modify the terms
of the Cafeteria plan and the use of health flex allowance and the conditional o pt-
out incentive should there be future mandates under the ACA, Cafeteria Plan rules,
or the City’s obligations under the ACA or other laws. Any action taken in
accordance with this reservation of rights will be subject to the meet and confer
process.
Page 655 of 1183
Exhibit “A”
Page 43
ARTICLE 286 - VACATION LEAVE
A. Each incumbent of a forty (40) -hour and fifty-six (56) -hour a week line-item
position shall accrue vacation leave with pay at the following rates:
40-hour per week
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 12 days 96 hours
5 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
56-hour per week
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 7 days 168 hours
5 to 10 years 8 days 192 hours
10 to 15 years 9 days 216 hours
15 to 20 years 10 days 240 hours
20+ years 11 days 264 hours
*One day is equivalent to eight (8) hours for a forty (40) -hour per week line-item
position and twenty-four (24) hours for a fifty-six (56) -hour per week line-item
position.
B. An incumbent is not eligible to use accrued vacation leave until after the completion
of the sixth calendar month of service since the benefit date.
C. An employee who leaves the City service shall receive payment for any unused
vacation leave.
D. Department Heads shall be responsible for arranging a vacation schedule, first
with the needs of the City as the determining factor and, second, insofar as
possible, with the wishes of the employee.
Page 656 of 1183
Exhibit “A”
Page 44
E. All employees in this unit may accrue a maximum of vacation time not to exceed
twice their annual rate.
F. All employees in this unit are eligible in December, to request payment for up to
one hundred and fifty (150) hours of unused vacation leave provided that an
employee’s attendance practices are satisfactory. If an employee reaches the
annual accrual cap before December, the employee will be able to request
vacation payment one other time during the year, in addition to the December cash
out. However, no more than one hundred and fifty (150) hours of unused vacation
leave will be paid out in any calendar year.
G. Vacation Use (Firefighters, Fire Engineers, Fire Captains):
1. Vacation shall be selected by seniority based on shift assignment for shift
employees and by seniority for non-shift employees. The employee with the
most seniority shall select first, with the following choices made in descending
order of seniority.
2. First choice vacation shall be made during November/December each year.
The first choice shall be a minimum of four (4) shifts off within one (1) cycle.
3. Employees have the right to two (2) employees off on vacation per shift; except
on New Year’s Day only one employee shall have the right to be off on
vacation. On Christmas, Christmas Eve, and Thanksgiving holidays no
vacation will be granted that results in a mandatory of personnel. Additional
vacation slots may be available if personnel are available to fill the shift without
causing mandatory overtime.
4. Employees have the right to unscheduled vacation as provided in the current
departmental Operations Manual (G.O. 204.01).Policies and Procedures,
Page 657 of 1183
Exhibit “A”
Page 45
Leave, 4200.
4.5. Time off by Battalion Chiefs is not included in the determination of the number
of employees on vacation per Section G (4) above.
5.6. If an employee's first choice vacation is changed by direction of the
department, such change shall not cause an employee to lose vacation that
may be accrued above twice the annual rate maximum. In this case, the
employee will have the ability to cash out their vacation per Section F above.
6.7. If an employee must cancel vacation for good reason, as defined by
management, the employee will have the ability to cash out their vacation per
Section F above.
7.8. Employees may cancel scheduled vacation for any reason with a minimum of
fifteen (15) days advance written notice to the Fire Chief or his/hertheir
designated representative. Maximum vacation accruals will not be waived for
vacation canceled pursuant to this section.
8.9. Any cancelled scheduled vacations will continue to be available for re-selection
by other employees.
Departmental General Operations 204.07 Policies and Procedures, Leave
4200. shall be modified as follows:
If approval is granted for vacation cancellation, the Battalion Chief on the shift
affected will make notification of the dates available to the platoon via computer by
using the Vacation Selection Program. All selections made from the cancelled
days will be recognized as scheduled vacation. Filling the cancelled day will start
with the next person below on the seniority list (person below the person who is
canceling). Filling the cancelled days will continue until all the days have been
filled or all personnel on the shift have been able to review and select the remaining
Page 658 of 1183
Exhibit “A”
Page 46
available cancelled days.
If approval is granted for vacation cancellation by the Fire Chief, the Battalion Chief
on the shift affected will direct the appropriate Captain to make notification of the
dates available to the platoon. Selection of available dates will be handled as a
second-choice vacation pick, selection may consist of any or all days remaining
available. All selections made from the cancelled days will be recognized as
scheduled vacation. Filling the cancelled days will start with the next person below
on the seniority list (person below the person who is canceling). Filling the
cancelled days will continue until all the days have been filled or all the personnel
on that shift have been able to review and select the remaining available vacation
shifts.
1. Coordination of the Battalion Chief’s first, second and third choice vacation
selection will be carried out by the Fire Chief. Battalion Chiefs will make
their written scheduled vacation requests during the November 1st to
December 30th period and will coordinate the availability of one (1) Battalion
Chief between themselves. Battalion Chief scheduled vacation selections
will not be based on shift employees’ vacations. The Fire Chief or Deputy
Fire Chief will consider and approve the request.
2. Unscheduled vacations will be made in writing to the Fire Chief or Deputy
Fire Chief and will require the availability of one Chief Officer and relief
personnel which may include voluntary overtime. All unscheduled
vacations must be approved by the Fire Chief or Deputy Fire Chief.
(Mandatory overtime is not allowed for unscheduled vacation.)
3. If an employee’s scheduled vacation is changed by direction of the
department, such change shall not cause an employee to lose vacation. In
this case, the employee will be able to exercise the ability to cash out their
vacation per Section F above.
Page 659 of 1183
Exhibit “A”
Page 47
Page 660 of 1183
Exhibit “A”
Page 48
ARTICLE 27 - LEAVE OF ABSENCE
Page 661 of 1183
Exhibit “A”
Page 49
ARTICLE 298 - HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Day
Third Monday in February - President’s Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's
Two Floating (8 hour) Holidays (non-shift employees only)
When a holiday falls on a Saturday, the preceding Friday shall be observed.
When a holiday falls on a Sunday, the following Monday shall be observed.
B. Each employee on 24-hour shift duty shall earn 145.6 hours of holiday leave
annually, in lieu of fixed holidays. The holiday leave shall be advanced to the
employee effective the payroll period that January 1st falls within. Such holiday
leave may be taken off by the employee as provided in the current departmental
Operations Manual (G.O. 204.03). Policies and Procedures, Leave, 4201.
Each calendar quarter, an employee has the option of receiving payment for one-
fourth (1/4) of his/hertheir advanced holiday leave. Any holiday leave remaining
as of December 31st of each year will be paid to the employee at the straight time
rate the payroll period that January 1st falls within.
Page 662 of 1183
Exhibit “A”
Page 50
If an employee terminates for any reason, having taken off hours in excess of
his/hertheir prorated share, the value of the overage will be deducted from the
employee's final paycheck.
C. Floating (8 eight hour) holidays for non-shift employees shall be accrued on a
semi-monthly basis and added to the vacation accrual. Use, carry-over,
accumulation, etc., of such vacation shall be subject to the same rules and
procedures that cover all accrued vacation.
Effective January 2019,T the two (2) floating holidays (16 hours) for non-shift
employees will be provided in a floating holiday leave bank the pay period that
January 1st falls within rather than being accrued on a semi-monthly basis.
Employees will have the ability to use floating holiday leave hours at any point
during the calendar year. Unused floating holiday leave will not be carried over
year to year but can be taken through December 31st of each year.
If an employee terminates for any reason, having taken off hours in excess of
his/hertheir prorated share of the floating holiday, the value of the overage will be
deducted from the employee's final paycheck.
Page 663 of 1183
Exhibit “A”
Page 51
ARTICLE 3029 - BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of the
employee's immediate family, meaning spouse/domestic partner, child, brother, sister,
parent, parent-in-law, step-parent, step-brother, step-sister, grandparent, or any other
relative living in the same household, provided suc h leave as defined in this section shall
not exceed 40 hours for a 40-hour week line-item position or fifty-six (56) hours for a fifty-
six (56) hour week line-item position five (5) working days or the shift equivalent (56 hrs.)
from each incident. The employee may be required to submit proof of relative's death
before being granted sick leave pay. False information given concerning the death of
relationship shall be cause for discharge.
Page 664 of 1183
Exhibit “A”
Page 52
ARTICLE 310 - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the City’s Municipal Code. Each incumbent
of a line-item position shall accrue sick leave with pay at the rate of twelve (12) days (96
hours) or the shift equivalent (134.4 hours) per year of continuous service since the
benefit date.
Upon retirement the employee may choose: 1) a payout of the employee’s accumulated
sick leave balance based on years of service according to the following schedule, 2) to
convert a portion or all of the employee’s sick leave balance to service credit in
accordance with CalPERS regulations, or, 3) a combination of these two (2) options.
Upon termination by death of the employee a percentage of the dollar value of the
employee’s accumulated sick leave will be paid to the designated beneficiaries according
to the following schedule:
1. Death unrelated to the job - 50% Such payment shall be made within seventy-two
(72) hours of notice to the City of an employee's death.
2. Retirement and actual commencement of PERS benefits:
a. After ten (10) years of continuous employment (for all employees except
Battalion Chiefs) - 10%
b. After twenty (20) years of continuous employment (for all employees except
Battalion Chiefs) - 15%
c. After twenty (20) years of continuous employment (Battalion Chiefs only) – 20%
d. After twenty-five (25) years of continuous employment (Battalion Chiefs only) –
25%
e. After thirty (30) years of continuous employment (Battalion Chiefs only) – 30%
3. Job-related death or job-related disability retirement and actual commencement of
PERS benefits (for all employees except Battalion Chiefs) - 75% with a maximum
of 1000 hours payoff (75% of 1333.3 accrued hours.)
Page 665 of 1183
Exhibit “A”
Page 53
4. Job-related death or job-related disability retirement and actual commencement of
PERS benefits (for Battalion Chiefs only) - 50% with a maximum of 750 hours
payoff (50% of 1,500 accrued hours.). Any balance of sick leave that remains after
payoff will be forfeited. Sick leave cannot be used to postpone the effective date
of an industrial disability retirement.
Page 666 of 1183
Exhibit “A”
Page 54
ARTICLE 321 - FAMILY LEAVE
A. An employee may use up to forty-eight (48) hours (67.2 hours for shift employees)
of sick leave per calendar year if required to be away from the job to personally
care for a member of his/hertheir family.
B. An employee may take up to seven (7) days (56 hours) of sick leave per calendar
year or the shift equivalent (78.4 hours) if the family member is part of the
employee's household and is hospitalized. The employee shall submit written
verification of such hospitalization.
C. For purposes of this article, a family member is defined as spouse or registered
domestic partner, child, brother, sister, parent, parent-in-law, step-parent, step-
brother, step-sister, grandparent, or any other relative as defined by Labor Code
Section 233 and/or Assembly Bill 1522.
D. The amounts shown in A, B, and C above are annual maximums, not maximums
per qualifying family member.
E. In conjunction with existing leave benefits, unit employees with one year of City
service who have worked at least 1,250 hours in the last year may be eligible for
up to twelve (12) weeks of Family/Medical Leave within any twelve (12) -month
period. Family/Medical leave can be used for:
A new child through birth adoption or foster care (maternal or paternal
leave).
A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
Placement of an employee's child for adoption or foster care.
A serious health condition which makes the employee unable to perform the
functions of his or her position.
Page 667 of 1183
Exhibit “A”
Page 55
This leave shall be in addition to leave available to employees under the existing
four (4) -month Pregnancy Disability Leave provided by California law. Paid leave,
if used for family leave purposes or personal illness, will be subtracted from the
twelve (12) weeks allowed by the Family/Medical Leave Program. Employees
must use all available sick, vacation, compensatory time, holiday, and
administrative leave prior to receiving unpaid Family/Medical Leave.
Employees on Family/Medical Leave will continue to receive the City's contribution
toward the cost of health medical insurance premiums or will continue to receive
the conditional opt out amounts, whichever is applicable. Only CityNo other group
health insurance premiums will be paid by the City.
If an employee does not return to work following Family/Medical Leave, the City
may collect the amount paid for health insurance by the City during the leave.
There are two exceptions to this rule.
1. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
2. Circumstances beyond the employee's control. Further details on
Family/Medical Leave are available through the City's "Guide to
Family/Medical Leave Program".Family and Medical Leave Policy.
Page 668 of 1183
Exhibit “A”
Page 56
ARTICLE 332 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with
state workers' compensation law and is not eligible for disability payments under Labor
Code Section 4850, shall be paid the difference between his their base salary and the
amount provided by workers' compensation law during the first ninety (90) business days
of such disability absence.
If an employee is eligible for Total Temporary Disability benefits after exhausting 4850 or
salary continuation as defined in the paragraph above, the employee will receive such
payment directly from the City’s workers’ compensation administrator and will only be
able to supplement pay with accrued sick leave.
Page 669 of 1183
Exhibit “A”
Page 57
ARTICLE 343 - MODIFIED WORK ASSIGNMENT
A modified work assignment is generally administrative in nature and may require the
individual to sit at a desk, operate a computer, drive a vehicle, and engage in minimal
walking. The employee may receive work assignments in one or more of the
Department’s program areas: Administration, Training, Hazard Prevention, Technical
Services, Disaster Preparedness, Emergency Response, or Communications. The
schedule is typically forty (40) hours a week with the employee working under the
supervision of the Fire Chief, Deputy Fire Chief, or a Battalion Chief. Depending upon
the employee’s limitations, abilities, and the needs of the Department, s/hethey may be
assigned to shift work. There are two methods for placing a person on modified duty:
1. At the employee’s request during a recovery period (minimum of two weeks)
due to an off-duty injury or illness.
2. At the request of the City because of a Worker’s’ Compensation injury.
Off-Duty Injury - An employee notifies the Fire Chief that s/he they would like to be
placed on a forty (40) -hour modified duty administrative work assignment. The Fire Chief,
or designee, would review the temporary modified work restrictions provided by the
employee’s doctor. The Department typically has a variety of tasks that a person might
be assigned to work on. In accordance with past practice, as long as a legitimate modified
work assignment is available (minimum of two weeks), the Fire Chief will accommodate
this request.
Worker’s’ Compensation Injury - An employee is on Worker’’s Compensation injury
leave and is provided temporary modified work restrictions and the Fire Chief or designee
knows of a possible modified work assignment. The Fire Chief, or designee, would notify
the employee of the modified work assignment available. Employees on Worker’s
compensation certified by a doctor for a modified work assignment may lose benefits if
they refuse available modified work assignment based on Worker’s compensation law.
If and when Once an employee is released to modifiedlight-duty, a Personnel ActionPay
Page 670 of 1183
Exhibit “A”
Page 58
Change Form is initiated and all leave balances (Holiday, Vacation, Sick Leave, etc.) are
changed to reflect a forty (40) -hour work week. If modified duty is offered, it will
commence the start of a pay period. It should be noted that any leave taken during this
lightmodified-duty period is taken at the forty (40)- hour work week accrual rate and no
FLSA is given.
To ensure all FLSA provisions are met, the hours previously worked in the pay period will
be reviewed with the employee prior to setting up the work schedule. Once the employee
has received a doctor’s release to return back to full -duty, the Fire Chief or designee will
determine the date the employee can return back to their regular assignment. and it has
been approved by the Fire Chief, the employee will return to their appropriate shift on
their next scheduled work day, assuming this return schedule does not trigger overtime
in excess of regular FLSA overtime. If excess overtime would be triggered, the employee
will return to work on the earliest date that will not trigger excess overtime.
Page 671 of 1183
Exhibit “A”
Page 59
ARTICLE 354 - SAFETY
The Union and the City agree to address Departmental and citywide safety concerns
through the City's Safety Committee and the Communication Process outlined in Article
7.
Page 672 of 1183
Exhibit “A”
Page 60
ARTICLE 365 - RETIREMENT
A. PERS Contracts
1. “Classic Members First Tier” sworn members hired before July 1, 2012
and non-sworn members hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System's
(PERS) Safety 3% at age 50 plan to all sworn personnel and the 2.7% at
age 55 plan to all non-sworn personnel. The 3% at age 50 plan includes
the following amendments: Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959
Survivor's Benefit, one-year final compensation, Military Service Credit, and
Pre-Retirement Optional Settlement 2 Death Benefit. The 2.7% at 55 plan
includes the following amendments: 1959 survivor's Benefit, conversion of
unused sick leave to additional retirement credit, one-year final
compensation, Military Service Credit and Pre-Retirement Optional
Settlement 2 Death Benefit.
2. “Classic Members Second Tier” sworn members hired on or after July 1,
2012 and non-sworn members hired on or after December 6, 2012.
The City agrees to provide the PERS Safety 3% at age 55 plan to all sworn
personnel and the 2% at age 60 plan to non-sworn personnel using the
highest three year average as final compensation. The 3% at age 55 plan
includes the following amendments: Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959
Survivor’s Benefit, Military Service Credit, and Pre-Retirement Optional
Settlement 2 Death Benefit. The 2% at age 60 plan includes the following
amendments: 1959 survivor’s Benefit, conversion of unused sick leave to
additional retirement credit, Military Service Credit, and Pre-Retirement
Page 673 of 1183
Exhibit “A”
Page 61
Optional Settlement 2 Death Benefit.
3. “New Members Third Tier” sworn and non-sworn employees hired after
January 1, 2013. PERS determines who are “New Members” within the
meaning of the California Public Employees’ Pension Reform Act (PEPRA).
The City will provide the PERS 2% at age 57 retirement plan for sworn
personnel and 2% at age 62 retirement plan for non-sworn personnel, using
the highest three-year average as final compensation.
B. Member Contributions
1. “Classic Members First and Second Tier”
Effective the first full pay period in July 2013, employees began paying the
full member contribution required under the plan for first and second tier
sworn (9%) and non-sworn (8% and 7% respectively) personnel and the
City discontinued its payment of the member contribution. For purposes of
this Article, employee contributions are based on salary and special
compensation as defined by PERS.
Effective the first full pay period in July 2019, all sworn and non -sworn
personnel shall contribute 1.5% in addition to the employee contribution
defined in the paragraph above. Effective the first full pay period in July
2020, all sworn and non-sworn personnel’s additional contribution shall
increase to 3%, in addition to the employee contribution defined in the
paragraph above. These additional contributions are in accordance to the
provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed
under Internal Revenue Service Code Section 414 (h) (2).
Page 674 of 1183
Exhibit “A”
Page 62
2. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the normal
cost, as determined by PERS.
Effective the first full pay period in July 2019, all sworn and non-sworn new
members shall contribute 1.5% in addition to the employee paying 50% of
the normal cost. Effective the first full pay period in July 2020, all sworn and
non-sworn employees’ contribution shall increase to 3%, in addition to the
employee paying 50% of the normal cost. These additional contributions
are in accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed
under Internal Revenue Service Code Section 414 (h) (2).
C. Contract Amendment with PERS
A. The Union will establish a retiree medical plan administered by the Peace Officers
Research Association of California (PORAC), herein after referred to as the
Retiree Medical Trust or the Trust, and the cost of establishing the Trust shall be
at no cost to the City. The City is not a party to the Trust and has no obligations
for securing or maintaining the tax-exempt status of the Trust, regulatory
compliance, or for the management or performance of the Trust. The City’s only
obligation under this Article is to transfer employee contributions in accordance
with this Article to the custodian of the PORAC Retiree Medical Trust.
B. Contributions to the PORAC Retiree Medical Trust:
1) Employer Contributions. The City shall make no contributions to the
Trust.
Page 675 of 1183
Exhibit “A”
Page 63
2) Employee Contributions. The City shall withhold a mandatory employee
contribution of $50 semi-monthly (24 pay periods per year) for each
employee represented by the Union as referenced in Article 2 -
Recognition, on a pre-tax basis subject to applicable federal tax laws.
As each employee will contribute the same predetermined dollar
amount, no employee election forms designating the amount will be
needed, allowed or requested; and there shall be no employee election
either to make the employee contribution, or to determine the amount of
the contribution. The City shall remit the required employee
contributions semi-monthly, in one check to the custodian of the PORAC
Retiree Medical Trust.
In the event that an employee does not have sufficient earnings to pay
the pre-tax deduction in any given pay period, the employee’s
contribution will be made only up to the amount of the employee’s
earnings for that pay period.
C. The City will comply with reasonable procedural rules set by the Trust Office with
regard to reporting and transferring the employee contributions set forth above,
typically involving providing the Trust Office with the name, social security number
and amounts transferred for each employee. In the event the reporting requirement
of the Trust requires reporting beyond that which the City typically provides for
other similar purposes (e.g. health insurance), the City will require the Union to pay
for any costs related to programming or producing such reports. Prior to engaging
in any activity that could result in such an expense, the City will notify the Union.
The City will cooperate with the Trust in allowing a payroll audit only for the purpose
of ascertaining if the proper amount of contributions has been made.
D. The Union agrees to defend, indemnify and hold harmless the City, and each of
Page 676 of 1183
Exhibit “A”
Page 64
the City’s elected officials, officers, employees and agents, against any claims,
actions, causes of action, legal proceedings or liabilities of any kind or nature which
may arise as a result of the operating of the Trust, except for the obligation of the
City to make and report the non-elective transfer of employee contributions as
described above in Paragraph B(2).
E. The monies contributed to the Trust fund shall only be used for retiree health
insurance premiums or health care expenses, as allowed by law. There shall be
no available employee election or option not to make required contributions or to
withdraw any contributed amounts in unrestricted cash.
F. The purpose of this Trust shall be to provide for retiree health care expense
reimbursement benefits. The Trust shall be and remain separate and apart from
any of the City health insurance funding programs.
G. Further, the Union shall have the option to direct the City to further increase the
employee contribution transfer amount. The Union may not increase the employee
contribution rate more than once per calendar year.
H. Employees who participate in the Trust assume the entire risk from any investment
gains or losses associated with these funds or other decline in their value. Nothing
contained in this Side Letter shall constitute any representation or guarantee by
the City that the assets of the Trust will be sufficient to pay any benefit to any
person or to make any other payment during an employee's life expectancy after
retirement. Payments to be paid from the Trust are governed by and restricted to
the terms and conditions of the Trust Plan adopted by the Board of Trustees for
the Trust.
I. This Article is not subject to the normal grievance process outlined in the MOA.
Any disputes related to the City’s fulfilment of its obligations under this Article shall
be resolved as follows:
Page 677 of 1183
Exhibit “A”
Page 65
1) Only the Union and not individual employees can grieve disputes related to
this Article.
2) The only issues that are subject to this modified grievance procedure are
the City’s fulfilment of its obligations under this Article or whether an issue
is subject to this modified grievance procedure.
3) If there is a dispute about whether the City has fulfilled an obligation under
this Side Letter or whether an issue is subject to this modified grievance
procedure, the Union may, within fifteen business days of the occurrence of
the dispute, submit a grievance in writing to the City Manager. The City
Manager will review the dispute, conduct or have conducted, any
investigation the City Manager deems appropriate or necessary, and, within
fifteen business days of receiving the grievance, meet with the Union to
attempt to resolve the dispute.
4) The City Manager will issue a decision in writing regarding the dispute within
five business days of meeting with the Union. The City Manager’s decision
will be final unless the Union seeks a review of the decision in accordance
with the procedures outlined in Article 10 Grievance Procedure, Paragraph
F of the MOA for review of employee grievances.
Page 678 of 1183
Exhibit “A”
Page 66
ARTICLE 386 - HOURS
A. Employees assigned to a twenty-four (24) -hour shift schedule, shall work a shift
schedule which, over a period of one year, shall average approximately fifty-six
(56) hours per week.
For purposes of illustration only, a copy of the shift schedule pattern is set forth in
Appendix B.
The Department shall give no less than fifteen (15) days’ notice prior to changing
a shift assignment for non-emergency reasons.
A work shift is defined as a work period of twenty-four (24) hours, commencing at
0800 hours and continuing until the next day, ending at 0800 hours (8 a.m. to the
following 8 a.m.)
Within each work shift the work day will be from 0800 to 1700 hours. The work
day will be divided as follows:
08:00 – 12:00 Captain’s Priority
12:00 – 13:00 Lunch
13:00 – 17:00 Chief’s Priority/Captain’s Priority
The intent of Captain’s Priority is to create a productive schedule providing latitude
for necessary classes, rewards and individual’s priorities. Included in Captain’s
Priority is vehicle and station maintenance, fitness training and Captain’s projects
8-12 daily. Holidays and weekends are also Captain’s Priority times. In the event
a Chief’s priority needs to be scheduled during Captain’s priority time, every effort
will be taken to provide an equal amount of Captain’s priority time on that shift or
the earliest available shift.
B. Shift Exchange - The Fire Chief or his/hertheir representative may authorize
Page 679 of 1183
Exhibit “A”
Page 67
employees covered by this Agreement to exchange shift assignments with other
department employees of equal rank or qualifications for the position. An yone
working more than 72 consecutive hours must contact the Battalion Chief for
confirmation that reasonable rest has been achieved.
C. Vacation Exchange - The Fire Chief or his/her representativedesignee may
authorize employees covered by this Agreement to exchange vacation leave with
other department employees of equal rank or qualifications for the position.
D. Early Relief - The Fire Chief or his/her representativedesignee may authorize
employees covered by this Agreement to relieve another department employee of
equal rank or qualifications for the position prior to the end of the scheduled shift.
Page 680 of 1183
Exhibit “A”
Page 68
ARTICLE 397 - HEALTH/FITNESS
The City, the Department and the Union are desirous of implementing measures to
promote the well-being of employees and reduce the incidents of preventable accidents,
illnesses, and disabilities, and have, and shall continue to, work cooperatively to
encourage and develop an appropriate program to enhance physical fitness and health
and to establish required physical standards to be met by all employees. The parties
have agreed to implement the physical fitness program outlined in the "Health and Fitness
Maintenance Program".
The Union recognizes that it is the policy of the City to hire non-smokers in the Fire
Department. The Union further recognizes there is a fire department policy concerning
smoking in departmental facilities and vehicles. The parties agree that smoking poses
health risks to non-smokers as well as smokers.
Page 681 of 1183
Exhibit “A”
Page 69
ARTICLE 4038 - SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
Davis
Monterey
Napa
Petaluma
Pleasanton
Salinas
Santa Barbara
Santa Cruz
Santa Maria
It is agreed that, during the negotiations to produce a successor Agreement, either party
may propose changes to the above list of cities. A revised, mutually agreed upon list,
may be used during the negotiations to produce a successor Agreement.
Page 682 of 1183
Exhibit “A”
Page 70
ARTICLE 4139 - LAYOFFS
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when layoffs are to occur. The Hhuman rResources Director shall be
responsible for the implementation of a layoff order of the City Council in accordance with
the procedures outlined below:
A. After determining a layoff is needed within the Union, the order of layoffs shall be
as follows:
1. Temporary and contract employees, in the order to be determined by the
appointing authority;
2. Probationary employees (promotional probation excluded), in the order to
be determined by the appointing authority;
3. For regular employees within the Union, layoffs shall be governed by
seniority and job performance. Seniority is established by time in service
within the Union. That is, the last employee hired into the bargaining unit
shall be the first employee laid-off. Job performance categories shall be
defined as follows.
Category 1:
Performance that is unsatisfactory, below standard, needs improvement,
unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by an employee’s two
most recent performance evaluations with an overall rating that falls within
the lowest two categories of the performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations, meets
performance standards, exceeds performance standards and expectations,
or is outstanding.
Page 683 of 1183
Exhibit “A”
Page 71
Performance defined by this category is evidenced by an employee’s two
most recent performance evaluations with an overall rating that falls within
the top two to three performance categories of the performance appraisal.
A regular employee being laid off shall be that employee with the least
seniority in the Union and who is in the lowest job performance category.
Employees in Category 1 with the lowest seniority will be laid off first,
followed by employees in Category 2. Should the two performance
evaluations contain overall ratings that are in the two different categories as
defined above, the third most recent evaluation overall rating shall be used
to determine which performance category the City shall use in determining
order of layoffs.
4. Transfer to another department in lieu of layoff is authorized, upon approval
of the department heads, if there is a vacancy and the employee meets the
minimum job requirements.
B. Laid-Off Employees on Re-employment List
1. The names of employees who have been laid-off shall be placed on the
appropriate Re-employment List. The recall of employees will be in reverse
order of layoff, depending upon City requirements.
2. Names of employees laid-off shall be placed on a re-employment list for a
period of two years. They will be offered re-employment only once before
being removed from the list for the job they held before being laid-off. Re-
employment lists shall be used for filling those classes requiring
substantially the same minimum qualifications, duties and responsibilities
of the class from which the layoff was made.
C. Appointment of Laid-Off Employees to Vacant Class
1. An appointing authority may, with the approval of the Department Head and
Page 684 of 1183
Exhibit “A”
Page 72
the human resources Director and in agreement with the employee, appoint
an employee who is to be laid-off to a vacancy in a vacant class for which
he or she isthey are qualified. He/sheThey will still remain on the re-
employment list for the job from which he/shethey were was laid-off.
D. Employee Reassignments (bump back procedure) for IAFF Local 3523
1. Employees who have been promoted during their service with the City may
bump back in their career series to a position they formerly held, if there is
an employee in the lower classification with less seniority than the employee
who wants to bump back. Seniority for the purpose of this section shall
mean time in service, as a regular employee, within the Union. For
example, an employee attempting to bump back to Engineer from Captain
would utilize his/her their combined time within the Union, Ffirefighter,
Eengineer, or Ccaptain, in determining whether or not he/shethey had more
seniority than an individual in the Engineer classification. The intent is to
have the last person hired into the Union be the first person to be laid-off.
2. Reassignment rights may be exercised only once in connection with any
one layoff and shall be exercised within twenty (20) calendar days from the
date of the notice of the layoff, by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of
another employee with lesser total seniority or by the acceptance of a
vacant position in the class with the same or lower salary.
4. Employees who are reassigned (bump back) are to be placed on an open
re-employment list for the position they have vacated.
5. Employees on layoff shall be offered re-employment in the inverse order of
layoff, provided no intervening factors have occurred which essentially
change the ability of the employee to perform the offered employment.
E. The City will notify recognized employee organizations of the effective date of any
reduction in force concurrent with the notice to the affected employee(s) pursuant
Page 685 of 1183
Exhibit “A”
Page 73
to F, below.
F. Notice of lLayoff to Employees
1. An employee to be laid-off shall be notified in writing of the impending action
at least thirty (30) calendar days in advance of the effective date of the
layoff. The notice shall include the following information.
a. Reason for layoff.
b. Effective date of layoff.
c. Employee rights as provided in these rules.
G. Removal of Names from Re-employment Lists
1. The Hhuman rResources Director may remove an employee’s name from
a re-employment list if any of the following occur:
a. The individual indicates that he/shethey will be unable to return to
employment with the City during the life of the list; or
b. The individual cannot be reached after reasonable efforts have been
made to do so. The City shall utilize certified mail when contacting
individuals; or
c. The individual refuses one re-employment offer at his/hertheir
previous job. Individuals shall have ten (10) days to respond to the
offer of re-employment and an additional thirty (30) days to return to
work.
H. Employee Rights and Responsibilities
1. In addition to others identified herein, employees affected by these
procedures shall have the following rights:
a. Through prior arrangement with his/hertheir immediate supervisor an
employee who has been notified of his/hertheir impending layoff shall
Page 686 of 1183
Exhibit “A”
Page 74
be granted reasonable time off without loss of pay to participate in a
pre-scheduled interview or test for other employment.
b. An employee who has been laid-off shall be paid in full for his/hertheir
unused accrued vacation leave and holiday leave on the effective
date of the layoff.
c. When an individual is reemployed he/shethey shall be entitled to:
1) Retain his/hertheir seniority date.
2) Accrue vacation leave at the same rate at which it was
accrued at the time of the layoff.
3) Have any unused sick leave reinstated.
4) The same retirement package prior to layoff, assuming that
the employee has not withdrawn his/hertheir PERS funds. If
an employee has withdrawn funds, he/she they will be
reinstated to the retirement package which is currently in
effect for all newly hired employees unless the employee
notifies PERS within ninety (90) days that he/shethey wishes
to redeposit the withdrawn funds.
2. An individual reemployed into the job from which he/she wasthey were laid
off shall be assigned to the same salary range and step he/shethey held at
the time of the layoff. An individual reemployed into a job classification other
than the classification from which he/she wasthey were laid off shall be
assigned to the salary range of the new classification at the amount closest
to the salary he/shethey earned at the time of the layoff.
3. When an individual has been reemployed after a layoff by bumping back to
a lower job classification prior to being laid-off, he/shethey will be placed on
a re-employment list for the higher job classification held prior to bumping
back.
Page 687 of 1183
Exhibit “A”
Page 75
4. A probationary employee who is reemployed shall be responsible for
completing his/hertheir probationary time commitment. Similarly, an
individual who is reemployed shall complete, upon return to the job, the
same work time he/shethey would have had to work at the time of the layoff
to attain a higher vacation leave accrual rate or to become eligible for a
salary step increase.
5. The intent of the layoff policy is to have the last hired the first laid off.
Page 688 of 1183
Exhibit “A”
Page 76
ARTICLE 420 - WORK ACTIONS
1. The City and the Union understand and agree that pParticipation by members of
the bargaining unitan employee in a strike or a concerted work stoppage presents
shall be deemed to pose an imminent threat to public health or safety and is
therefore unlawful. The City and the Union further understand and agree that the
Union will not in any way encourage or support members of the bargaining unit to
, furthermore, it shall terminate the employment relation. Provided however that
nothing herein shall be so construed as to affect the right of any employee to
abandon or to resign his employment.
Employee The City and the Union further understand and agree that members of any
employee organizationthe bargaining unit will shall not be locked out or prevented by
management officials from performing their assigned duties when such employees are
willing to perform such duties in the customary manner and at a reasonable level of
efficiency.
Page 689 of 1183
Exhibit “A”
Page 77
ARTICLE 43 - FIREFIGHTER RECRUITMENT
A. The Chief, in consultation with the President of the Local 3523, will determine the
type of Firefighter recruitment to be conducted (e.g. entry level, lateral, paramedic,
etc.) based on the operational needs of the department. A current eligibility list
will be maintained and firefighters will go through the approved department
academy, as set forth in General Operations 501.03. Policies and Procedures,
Training, 2001. Notwithstanding this provision, the parties understand and agree
that the Chief reserves full authority to determine the type, scope, and description
of the recruitment process.
B. Firefighter Apprentices or Interns that are on payroll during an active Firefighter
recruitment, will be allowed to apply for entry-level firefighter positions. outside the
limitation on the number of applications to be accepted. For a given recruitment,
if the number of applications received by the City for entry-level firefighter positions
is to be limited, the limit will not be less than 100. If a Firefighter Apprentice or
Intern does not meet the minimum qualifications before the closing date of the
recruitment, the individual, at the discretion of the Fire Chief or designee may
receive an oral interview to gain experience but will be unable to be included on
the established eligibility list.
All appointments to classifications listed in Appendix “A”, including promotional
appointments, shall be subject to a probationary period of one (1) year. The probationary
period may be extended if further employee evaluation is deemed necessary for up to six
(6) months upon the written recommendation of the Fire Chief and the written approval of
the Human Resources Director.
Page 690 of 1183
Exhibit “A”
Page 78
ARTICLE 453 - RESIDENCY REQUIREMENT
All shift personnel must live within one hundred and twenty (120) miles travel distance
from the City limits to their permanent residence.
Page 691 of 1183
Exhibit “A”
Page 79
ARTICLE 464 - STAFFING
A. The number of authorized positions in the Fire Department represented by the
Local 3523 is three (3) Battalion Chiefs, twelve (12) Fire Captains, fifteen (15) Fire
Engineers, fifteen (152) Firefighters, one (1) Fire Vehicle Mechanic, three (3) Fire
Inspectors, and one (1) Hazardous Materials Coordinator. The parties recognize
aA minimum of twenty-four (24) Paramedics within the ranks of Fire Captain, Fire
Engineer, and Firefighter , and Engineer isas the authorized staffing for the
department. It is further recognized that maintenance of the authorized staffing
will be subject to department procedures for recruitment and selection of vacant
positions. One Paramedic Captain (included as one of the twenty-four (24)
Paramedics) will be assigned per shift. If it becomes necessary for the City to
exercise its management right to change those staffing levels, the City
acknowledges its responsibility to meet and confer with the Union on the impacts
of any such changes.
B. Constant Staffing provides for a mandated minimum of fourteen (14) Firefighters
on-duty every day including the Battalion Chief. Nothing in this section precludes
the Fire Chief from hiring additional full-time staff to meet Constant Staffing
minimum requirements. Mandated overtime will be used to maintain the fourteen
(14) per day minimum.
Adjustments to daily staffing: Events and/or community risk levels may require the
Fire Chief to increase the mandated minimum staffing level to be maintained.
C. There will be no reserve program implemented during the term of this agreement.
D. The present status of the Apprentice Program does not impact on the bargaining
unit integrity. The City recognizes its obligations to meet and confer on any future
impacts of the Apprentice Program on the bargaining unit.
Page 692 of 1183
Exhibit “A”
Page 80
E. In the absence of the Battalion Chief, the Fire Chief or Deputy Chief may act as
Battalion Chief as described in Emergency Operations Section 517.00 “Draw
Down”.Policies and Procedures, Emergency Procedures, 1207.
Page 693 of 1183
Exhibit “A”
Page 81
ARTICLE 475 - SENIORITY BIDDING FOR STATION ASSIGNMENT
A. Intent
Utilize seniority in rank as an empowerment tool for employees in the ranks of Fire
Battalion ChiefBC, Fire Captain, Fire Engineer, and Firefighter to determine “bid
staffing.”
B. Definitions
Bid Staffing: The station and shift assignment awarded to an individual based on
his/hertheir rank and assignments at the time of the bid.
The bid staffing process is defined below. Each member will remain in their
selected bid staffing assignment until they choose to utilize their bid for a vacant
position, agree to a mutual, or are distributed based on department need as
described below.
C. Bid Procedure
In the event of a new permanent Firefighter, Fire Engineer or Fire Captain vacancy
and upon determination by the Chief to fill the vacancy, the bid spot shall be
declared vacant and available for bid from members of the same rank.
1. Bid selection will be based on seniority in rank using the department’s
master seniority list.
2. Probationary firefighters will not be included in the bid process until the
completion of probation.
3. Each member will only be allowed to accept one bid per 180-day period
(once every six months).
4. After a bid has been closed, any remaining vacancies shall not be filled for
thirty (30) days.
5. Bid assignments requiring movement from one shift to another will begin
Page 694 of 1183
Exhibit “A”
Page 82
the first day of the first full F.L.S.A. period following selection.
6. An employee’s voluntary request to move from one shift to another to fill a
vacant bid spot may be granted with less than fifteen (15) days’ notice of
the start of the FLSA period.
D. Process
1. Battalion Chiefs shall be the first to bid.
2. The President and Vice President of Local 3523 will have the opportunity
for the second and third bid selection during each term as president or vice
president. Once that bid has been used, future bids during the remaining
term will be based on seniority in rank.
3. The remainder of the bid selection will follow department seniority with the
most senior member selecting first. The order of selection shall be by rank
in the following order: Captains, Engineers, and then Firefighters.
4. Probationary firefighters will not be included in the station selection process
until they have completed their probationary period. Upon completion of
firefighter probation if their current assignment is vacant, that vacancy will
go out to bid selection for the entire department.
E. Mutual Bid
Upon request from two members of equal rank and specialty skill designation for
a mutual exchange of their bid assignments, the Battalion Chief, Company
Officers, and a union representative of the members making the request shall meet
and evaluate the request for approval or denial. If the request for the mutual bid
is accepted, those employees involved will have used their one bid for the year. If
the request for mutual exchange is denied, the applicants can utilize the IRC for
review of that decision.
To ensure equity throughout the entire bid process, mutual transfers are subject to
Page 695 of 1183
Exhibit “A”
Page 83
the following additional requirements:
1. The bid transfer must be effective for a minimum of 12 months.
2. If within that twelve (12) -month period either party involved separates or
promotes, the remaining party must comply with the following:
a. The original station occupied by the person vacating will be put up
for bid, and the remaining parties can bid for that position. If the
mutual member is unsuccessful in obtaining that bid, then that
member returns to his/hertheir previous assignment, and recovers
bid rights after the remainder of the twelve (12)- month period.
F. Distribution
Each crew will have a Paramedic assigned to it from the ranks of the Engineer or
Firefighter. Captains may fill into the paramedic pool if there are not enough
Paramedics within the Firefighter/Engineer rank. Each shift will have aone of the
three Paramedic Coordinators assigned. Paramedic Coordinators will be a
minimum 2-year commitment and only vacated voluntarily or as determined by the
Fire Chief. The Captain employee taking the position of Paramedic Coordinator
would not be the primary paramedic on their selected crew except for extenuating
circumstances (e.g. a shortage of paramedics). Each shift will have paramedics
evenly distributed depending on the size of the paramedic pool (example: pool of
24, 8 medics per shift). No bid staffed crews shall have three bid-assigned
paramedics if any other crew does not already have two bid-assigned paramedics.
Rank then seniority Seniority will be used to determine which personnel are moved
to and from crews with paramedic staffing insufficiencies.
Hazardous Materials Team Members will be evenly distributed to ensure at least
one Hazardous Materials Team Member is assigned to each shift. Seniority will be
used to determine which personnel are moved to and from shifts with Hazardous
Material Team Member staffing insufficiencies.
Page 696 of 1183
Exhibit “A”
Page 84
All corrections to completed bids will take place with the Battalion Chief and a shop
steward to make sure that paramedics, paramedic coordinators, and hazardous
materials team members are represented on all three shifts.
Individuals bidding for assignment as the Station 1 Captain shall be subject for
interview by the Shop Steward and the appropriate Battalion Chief prior to bid
selections being finalized.
Individuals working out of grade will work at the station at which the vacancy is
occurring. Selection of the individuals who will work out of grade is to remain
consistent with existing policies. Vacancies created by promotion or retirements
are to be filled by the newly promoted individuals once the bid has been completed.
Administration of the Fire Department recognizes and supports the premise that
placing employees at stations of their preference is typically beneficial. The Fire
Department Administration needs a degree of flexibility to accomplish the following
goal:
1. Allow for mentoring
2. Conflict resolution
Station bid adjustments by Fire Department Administration shall be accompanied
by written justification as to the perceived need.
After initial placement, movement of personnel shall be for a maximum period of
six months. At the end of this six-month period, the effected personnel shall return
to their station of choice, unless otherwise articulated in writing citing reasons for
moves for more than six months or for permanent relocation.
Except in extraordinary circumstances no movement of personnel will be initiated
during the months of November and December.
Page 697 of 1183
Exhibit “A”
Page 85
When movement of personnel is initiated by the Department and is not due to any
fault of the individual(s), the Department will honor all approved time off requests
based on prior commitments by the moved employee.
G. Issue Resolution Committee
Intent:
The intent of the Issue Resolution Committee is to resolve staffing issues at the
lowest possible level with structured collaboration.
Committee membership:
The Issue Resolution Committee (IRC) will consist of two members from
management. The President of Local 3523 will appoint two members from the
employee’s bargaining unit. A fifth member will be chosen by the above four
members. The Fire Chief or the labor President can substitute the members from
management and labor, respectively, for cause.
Issue Resolution:
Local 3523, through their Board of Directors, or Fire Department Administration,
through the Fire Chief, can bring issues to the Committee. Ideally, the IRC will
convene within five business days of receipt of an issue of concern or a question
of process. Issues will be decided based on the information presented to the
committee. Issues or questions will be considered resolved by a vote of 4 out of 5
committee members.
The IRC will review the overall program as it relates to program and department
goals annually or as needed. When appropriate based on the subject matter,
Page 698 of 1183
Exhibit “A”
Page 86
unresolved issues will be addressed at the next contract negotiations.
The IRC will attempt to resolve issues of a personnel nature, i.e. station placement,
or an interpretation of the process, as they come up. If the committee cannot
resolve an issue, the Fire Chief will resolve the issue.
By mutual agreement of Local 3523 and Fire Department Administration, this
program can be discontinued at any time.
All committee members performing the duties of this committee while off duty will
be compensated (at straight time), hour for hour.
Page 699 of 1183
Exhibit “A”
Page 87
ARTICLE 476 - DISCIPLINARY PROCEDURE
A. Purpose
The efficient operation of the San Luis Obispo Fire Department (SLOFD) is
dependent on a well-disciplined, cohesive organization. The City and Association
Union agree that occasions will occur when an employee’s performance and/or
behavior must be reviewed in order to ensure that the mission of the department
is not adversely impacted. The authority for disciplinary action is outlined in the
City of San Luis Obispo’s Personnel Rules and Regulations, 2.36.320. The
Personnel Rules and Regulations will take precedent if there is a conflict between
those Rules and Regulations and this Policy or if not addressed herein.
It is the responsibility of the Fire Chief, all Chief Officers, and all Company Officers
to maintain discipline and carry out the directive of the department. Any incident or
behavior which does not conform to City and Fire Department policies/procedures
shall be disciplined in the most appropriate manner.
1. When the Fire Chief or any Chief/Company Officer either observes or is
reasonably made aware of an incident that may warrant punitive discipline,
he/shethey must first determine whether an investigation is necessary. Prior
to conducting an investigation of an incident, the Fire Chief or a
Chief/Company Officer should consult with the Human Resources Director,
as appropriate. The investigation shall be conducted in a fair, objective and
impartial manner under the rules set forth in the “Weingarten Rule”.
2. When any employee is under investigation and subjected to questioning
interrogation by his or hertheir commanding officer or any other member of
the department that could lead to punitive action, the questioning shall be
conducted under the following conditions. For the purpose of this chapter,
punitive action means any action that may lead to dismissal, d emotion,
Page 700 of 1183
Exhibit “A”
Page 88
suspension, reduction in salary, permanent written reprimand, or transfer
within the Department for purposes of punishment. Transfer within the
Department for the good of the Department or a notice to correct are
excluded from the definition of punitive.
Section B shall not apply to any questioning of an employee in the normal
course of duty, counseling, instruction, or informal verbal admonishment by,
notice to correct, or other routine or unplanned contact with, a supervisor or
any other employee, nor shall this section apply to an investigation
concerned solely and directly with alleged criminal activities.
a. The questioning shall be conducted at a reasonable hour, preferably
at a time when the employee is on duty or during the normal waking
hours for the employee, unless the seriousness of the investigation
requires otherwise. If the questioning does occur during off-duty time
of the employee being interrogated, the employee shall be
compensated for any off-duty time in accordance with regular
department procedures.
b. An employee under investigation shall be informed, prior to the
investigation interview, of has the right to request the rank, name,
and command of the officer in charge of the interviewquestioning, the
questioning officer, and all other persons to be present during the
questioning. All questions directed to the employee under
questioning shall be asked by and through no more than two
investigators at one time.
c. The questioning session shall be for a reasonable period taking into
consideration the gravity and complexity of the issue being
investigated. The person under questioning shall be allowed to
attend to his or her own personal physical necessities.
d. The employee under investigation shall not be subjected to offensive
language, or conduct, or threatened with punitive action, except that
Page 701 of 1183
Exhibit “A”
Page 89
an employee refusing to respond to questions or submit to
questionings shall be informed that failure to answer questions
directly related to the investigation or questioning may result in
termination. No promise of reward shall be made as an inducement
to answering any question. The employer shall not cause the
employee under questioning to be subjected to visits by the press or
news media without his or hertheir express consent nor shall his or
hertheir home address or photograph be given to the press or news
media without his or her express consent.
e. The complete questioning of an employee under investigation may
be recorded. If the City records the questioning, the employees shall
be provided a copy of the tape upon request. The employee being
interrogated shall have the right to bring his or hertheir own recording
device and record the questioning. If the employee exercises this
right, the City shall be provided a copy of the tape upon request.
f. Employees who have criminal charges pending regarding an incident
under investigation will be advised of may assert their constitutional
and statutory rights at the outset of the disciplinary interview during
the investigation. Nevertheless, any employee refusing to cooperate
in an investigation is subject to disciplinary action including
termination.
g. Employees shall be informed of their right to have a representative
present during questioning which may reasonably lead to punitive
disciplinary action. A reasonable time to obtain the representative
shall be given to the employee. The representative shall not be a
person subject to the same investigation. The representative shall
not be required to disclose, nor be subject to any punitive action for
refusing to disclose, any information received from the employee
under investigation.
h. In accordance with State Law, no employee shall be compelled to
submit to a lie detector test against his or her their will. No disciplinary
Page 702 of 1183
Exhibit “A”
Page 90
action or other recrimination shall be taken against an employee
refusing to submit to a lie detector rest, nor shall any comment be
entered anywhere in the investigator’s notes or anywhere else that
the employee refused to take, or did not take, a lie detector test, nor
shall any testimony or evidence be admissible at a subsequent
hearing, trial, or proceeding, judicial or administrative, to the effect
that the employee refused to take, or was subjected to, a lie detector
test. For the purpose of this section, “lie detector” means polygraph,
deceptograph, voice stress analyzer, psychological stress analyzer,
or any other similar device, whether mechanical or electrical, that is
used, or the results of which are used, for the purpose of rendering
a diagnostic opinion regarding the honesty or dishonesty of an
individual.
i. No employee shall have their his/her assigned locker or other space
for storage searched except 1) in his/hertheir presence, or 2) with
their his/her consent, or 3) where he/she has they have been notified
that a search will be conducted and has failed to respond within a
reasonable timeframe, or notwithstanding the above, or 4) when a
valid search warrant has been obtained.
C. Post Investigation/Pre-Discipline Procedure
1. Upon the conclusion of an investigation, those conducting the investigation
shall forward the complete investigation to the Fire Chief who in consultation
with the Human Resource Director or designee shall determine the level of
discipline that is most appropriate. The following constitutes the levels of
progressive discipline:
Non-Punitive Corrective Action
a) Oral counseling;
b) Oral reprimand with written documentation;
Page 703 of 1183
Exhibit “A”
Page 91
c) Notice to Correct – one (1) year in file;
d) Transfer (within the Department) for the good of the Department (i.e.
safety, cohesion).
Punitive Discipline
e) Official Reprimand – permanent;
f) Suspension/Reduction in compensation;
g) Transfer (within the Department) for purposes of punishment;
h) Demotion;
i) Termination.
Note: Deviations from progressive discipline may occur whenever the
circumstances warrant that one or more steps in the progressive disciplinary
process be skipped. For example, suspension or termination may occur as
the first level of discipline in appropriate circumstances.
Disciplinary action will be handled as outlined in 2.36.330 of the Personnel
Rules and Regulations
2. Pre-disciplinary procedures will be in accordance with Sections 2.36.320
and 2.36.330 of the City’s Personnel Rules and Regulations.
D. Post-Discipline Appeal Rights
The following appeal procedures are adopted in accordance with Government Code §
3254.5 of the Firefighters Procedural Bill of Rights Act (FPBOR) and Section 1100 of the
Administrative Procedures Act. The following procedures supersede the disciplinary
procedures applicable to members of this bargaining unit under the City’s Personnel
Rules and Regulations.
1. APPLICABILITY
The term “punitive action” is defined by Government Code §3251(c), as may
be amended from time to time, and is currently defined as “any action that
may lead to dismissal, demotion, suspension, reduction in salary, written
Page 704 of 1183
Exhibit “A”
Page 92
reprimand, or transfer for purposes of punishment.” The term “punitive
action” is limited to charges based on events and circumstances involving
the employees’ performance of their official duties.
2. INFORMAL HEARING PROCEDURE
Pursuant to Government Code § 11445.20, the following informal hearing
procedure shall be utilized for a punitive action not involving a discharge,
demotion, suspension of more than five (5) days, or reduction in salary
greater than the value of a suspension of five (5) days.
a. Notice of Appeal: Within five (5) calendar days of receipt of written
notification of punitive action as defined above, the employee shall
notify the City’s Human Resources Director in writing of the
employee’s intent to appeal the punitive action. The written notice of
appeal shall specify the action being appealed and the substantive
and procedural grounds for the appeal.
b. Hearing Officer: In an informal hearing, the City Manager or their
designee shall be the Hearing Officer. The City Manager or their
designee shall conduct the informal hearing in accordance with these
procedures. The determination of the City Manager shall be final and
binding.
c. Burden of Proof: The City shall bear the burden of proof at the
hearing or not, as follows:
i. If the action being appealed involves allegations originating
from a licensing or certifying agency as defined in the FPBOR,
the limited purpose of the hearing shall be to provide the
employee the opportunity to establish a record of the
circumstances surrounding the action.
ii. If the punitive action involves charges of misconduct that the
City has originated, the City shall have the burden of proving
by a preponderance of the evidence that the facts which form
the basis for the charges occurred, and that the level of
penalty was reasonable under the circumstances.
Page 705 of 1183
Exhibit “A”
Page 93
d. Conduct of Hearing:
i. The formal rules of evidence do not apply, although the
Hearing Officer shall have discretion to exclude or limit
evidence which is incompetent, irrelevant, or cumulative, or
the presentation of which will otherwise consume undue time.
The Hearing Officer may limit the use of witnesses, testimony,
evidence, and argument. There is no right of intervention,
discovery, or prehearing conferences.
ii. The parties may present opening statements.
iii. The parties may present evidence through documents and
testimony.
1. Witnesses shall testify under oath.
2. Subpoenas may be issued pursuant to Government
Code §§ 11450.05 – 11450.50.
3. The parties are entitled to confront and cross-examine
witnesses only as to City-originated charges and
punitive actions that involve a suspension of up to five
(5) days or a pay reduction equivalent to a five (5)-day
suspension or less.
iv. Following the presentation of evidence, if any, the parties may
submit oral and/or written closing arguments for consideration
by the hearing officer.
e. Recording of the Hearing: If the City-originated charges and
punitive action involves a suspension of up to five (5) days or a salary
reduction equivalent to a five (5)-day suspension or less, the hearing
shall be stenographically recorded by a certified court reporter.
Otherwise, the hearing may be tape recorded. The per diem cost of
the court reporter shall be equally shared by the parties. The cost to
receive a transcript of the hearing shall be the responsibility of the
party requesting the transcript.
Page 706 of 1183
Exhibit “A”
Page 94
f. Representation: The employee may be represented by a union
representative or attorney of their choice at all stages of the
proceedings. All costs associated with such representation shall be
borne by the employee.
g. Decision: The decision shall be in writing pursuant to Government
Code § 11425.50. The decision shall be served by first class mail,
postage pre-paid, upon the employee as well as their attorney or
representative, shall be accompanied by an affidavit or certificate of
mailing, and shall advise the employee that the time within which
judicial review of the decision may be sought is 90 days from the date
of mailing, as governed by Code of Civil Procedure § 1094.6.
3. FORMAL HEARING PROCEDURE
a. Applicability: The formal hearing procedure applies only to a
punitive action at the level of discharge, demotion, suspension of
more than five (5) days, or reduction in salary in an amount greater
than a five (5)-day suspension.
b. Final Notice of Discipline Serves as the Accusation: The final
notice of discipline which may be issued at the conclusion of any pre-
disciplinary procedures shall serve as the Accusation described in
Government Code §§ 11500, et seq. Pursuant to Government Code
§ 3254(f), the discipline shall not be effective sooner than 48 hours
of issuance of the final notice of discipline. The final notice of
discipline shall be prepared and served in person or by registered
mail. The final notice of discipline shall include a statement to the
employee that advises the employee of the right to request a hearing
by filing a Notice of Defense as provided in Government Code §
11506. A copy of Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code shall be
provided to the employee concurrently with the final notice of
discipline.
Page 707 of 1183
Exhibit “A”
Page 95
c. Notice of Defense: In accordance with Government Code § 11506,
within fifteen (15) calendar days after service of the final notice of
discipline on the employee as set forth above, the employee shall
notify the City’s Human Resources Director in writing of the
employee’s intent to appeal the punitive action by filing a Notice of
Appeal. The Notice of Appeal must be signed by either the employee
or on the employee’s behalf and must include the mailing address of
the employee and/or their representative. Failure to file a timely
Notice of Defense constitutes a waiver of the employee’s right to a
hearing.
d. Accusation: Pursuant to Government Code §§ 11507 and 11516,
at any time before or after the case is submitted for decision, the City
may file an amended or supplemental Accusation in the form of a
notice of discipline. All parties must be notified of the amended or
supplemental Accusation.
e. Administrative Law Judge: Pursuant to Government Code §
11512, the City has determined that appeals shall be presided over
by an administrative law judge on staff of the State Office of
Administrative Hearings, hereinafter referred to as the “ALJ”. The
ALJ shall preside at the appeal hearing, rule on the admission and
exclusion of evidence and determine and rule on all matters of law,
both procedural and substantive. In conducting the hearing, the ALJ
shall follow the evidentiary standards described in section 11513 of
the Government Code.
f. Time and Place of Hearing: Pursuant to Government Code §
11508, unless otherwise decided by the Fire Chief or their designee,
a hearing shall be conducted at City Hall at a time to be determined
by the Human Resources Director or their designee.
g. Notice of the Hearing: The City will mail or deliver a written notice
of the hearing with the information required by Government Code §
11509, no later than ten (10) days prior to the hearing.
Page 708 of 1183
Exhibit “A”
Page 96
h. Findings: The appeal proceedings shall be reported by a
stenographic reporter. However, upon the consent of all the parties,
the proceedings may be reported electronically. Within 30 days after
the case is submitted, the ALJ shall prepare a proposed written
decision to be submitted to the City Council. Within 60 days of
receipt by the City Council of the ALJ’s proposed decision, the City
Council may take any of the following actions:
i. Adopt the proposed decision in its entirety.
ii. Reduce or otherwise mitigate the proposed penalty and adopt
the balance of the proposed decision.
iii. Make technical or other minor changes in the proposed
decision and adopt it as the decision. Action by the City
Council under this paragraph is limited to a clarifying change
or a change of a similar nature that does not affect the factual
or legal basis of the proposed decision.
iv. Reject the proposed decision and refer the case to the same
ALJ if reasonably available, otherwise to another ALJ, to take
additional evidence. If the case is referred to the ALJ pursuant
to this subparagraph, the ALJ shall prepare a revised
proposed decision based on both the additional evidence and
the transcript and other papers that are part of the record of
the prior appeal hearing. A copy of the revised proposed
decision shall be furnished decision shall be served to each
party and their attorney in the manner specified in this
procedure.
v. Reject the proposed decision, and decide the case upon the
record, including the transcript, or upon an agreed statement
of the parties, with or without taking additional evidence. By
stipulation of the parties the City Council may decide the case
upon the record without including the transcript.
Page 709 of 1183
Exhibit “A”
Page 97
i. Decision: The City Council’s decision will be reduced to writing and
shall be final and binding on the parties. The City Council’s written
decision shall be served by first class mail, postage prepaid, upon
the employee as well as their attorney or representative, shall be
accompanied by an affidavit or certificate of mailing, and shall advise
the employee that the time within which judicial review of the decision
may be sought is 90 days from the date of mailing as governed by
Code of Civil Procedure section 1094.6.
The Post-Discipline procedures will be in accordance with, Sections 2.36.340 and
2.36.350 of the Personnel Rules and Regulations except, however, for employees
represented by SLOFA, Local 3523, Section 2.36.340, C shall be modified to
provide that appeals of disciplinary suspensions of two days or less shall have at
the employee’s request the right of appeal to either the City Manager or to the
Personnel Board, provided the appeal to the Personnel Board is supported in
advance by the Executive Board of SLOFA, Local 3523. Appeals of discipline in
excess of two days shall be made to a hearing officer as set forth in section
2.36.340 B. Appeals to the Personnel Board will be heard in accordance with
Personnel Rules and Regulations Section 2.36.350 – Disciplinary action –
Hearings.
The employee must be given the opportunity to review and sign any document
adverse to his/hertheir interests prior to its placement in his/her their personnel file.
At reasonable times and at reasonable intervals, upon the request of an employee,
during usual business hours and with 24-hour notice, with no loss of compensation
to the employee, the City shall permit that employee to inspect their personnel files
that are used to have been used to determine that employee’s qualifications for
employment.
If, after examination of the employee’s personnel file, the employee believes that
any portion of the material is inappropriately or mistakenly placed in the file, the
Page 710 of 1183
Exhibit “A”
Page 98
employee may request, in writing to the Human Resource Director, that the
inaccurate or inappropriate portion be corrected or deleted. Any request made
pursuant to this subdivision shall include a statement by the employee describing
the corrections or deletions from the personnel file requested and the reasons
supporting those corrections or deletions. Said statement must become part of the
file. The City must respond within thirty (30) days and inform the employee
whether the request will be granted. If the request is denied, the reasons for the
denial must be set forth in writing and included in the personnel file. At the
employee’s request, the Human Resources Director shall hold an informal hearing
to determine the final disposition of any documents in dispute pursuant to this
section. At the hearing, the employee and City appointing authority may present
evidence and argument in support of their respective positions. The Human
Resource Director’s decision as to the disposition of the request is final with no
further administrative appeal.
Page 711 of 1183
Exhibit “A”
Page 99
ARTICLE 487 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Union. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City
and the Union except as specifically referred to in this Agreement. During the life of this
Memorandum of Agreement, should either party desire to modify its terms or to meet and
confer with respect to matters within the scope of representation, such party shall request
in writing to meet and confer on such item(s), which item(s) shall be specified in writing.
During the life of this Memorandum of Agreement, either party may refuse such a request
without explanation, and no unilateral action may be taken on the matter within the scope
of representation during the term of this agreement.
Should the City wish to take action on a matter which relates primarily to matters not
within the scope of representation, but impacts matters within the scope of representation,
it shall provide notice to the Union and afford the opportunity to meet and confer on the
impact of its decision(s). If a conflict arises between the MOA and General Operations or
any other policy and procedure, the MOA shall prevail.
Should the City propose to consolidate, merge, and/or contract out the Fire Service
function, it will give notice to the Union and meet and confer on any aspects of the
proposal which fall within the scope of representation.
Page 712 of 1183
Exhibit “A”
Page 100
ARTICLE 498 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any
court of competent jurisdiction, or if compliance with or enforcement of any provision
should be restrained by any tribunal, the remainder of this Agreement shall not be affected
thereby, and the parties shall enter into a meet and confer session for the sole purpose
of arriving at a mutually satisfactory replacement for such provision within thirty (30) day
work period. If no Agreement has been reached, the parties agree to invoke the provision
of impasse under City Resolution 6620.
Page 713 of 1183
Exhibit “A”
Page 101
ARTICLE 5049 - RENEGOTIATIONS
Pursuant to Resolution No. 6287, (1989 Series): If either party wishes to make changes
to this agreement, that party shall serve upon the other its written request to negotiate as
well as its initial proposals for an amended Agreement. Such notice and pr oposals must
be submitted to the other party by September 1, 20230. If notice is properly and timely
given, negotiations shall commence no later than October 1, 20230.
Page 714 of 1183
Exhibit “A”
Page 102
ARTICLE 510 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. Local 3523’s principal authorized agent shall be the President (email:
president3523@gmail.com, mailing address: 2160 Santa Barbara Avenue, San
Luis Obispo, California 93401; telephone: (805) 550-0191.
B. Management's principal authorized agent shall be the Human Resources Director
or his/her their duly authorized representative (mailing address: 990 Palm Street,
San Luis Obispo, California 93401; telephone: (805) 781-7250).
Page 715 of 1183
Exhibit “A”
Page 103
ARTICLE 521 - TERM OF AGREEMENT
This Agreement shall become effective as of January 1, 2018 2021 and continue in full
force and effect until expiration at midnight, December 31, 20230.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are shown
in Appendix "A".
2. This Agreement does not apply to Supplemental Employees. This Agreement was
executed July 20, 202117, 2018, by the following parties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
_________________________________ ________________________________
Richard C. Bolanos, Chief Negotiator Stephen D. Leonesio, Labor Relations
Consultant
_________________________________ ________________________________
Nickole Domini, Interim HR Director Jimmy Witt, Local 3523 Representative
Page 716 of 1183
Exhibit “A”
Page 104
APPENDIX A - CLASSIFICATION
CLASSIFICATION JOB CODE SALARY RANGE
Firefighter 525006040 612
Fire Engineer 535006020 615
Fire Vehicle Mechanic 528006030 616
Hazardous Materials Coordinator 545016165 617
Fire Captain 545006010 621
Fire Inspector I* 514006198 626
Fire Inspector II* 524006200 630
Fire Inspector III* 534006202 633
Fire Battalion Chief 552005010 505
*Denotes positions within a career series
Page 717 of 1183
Exhibit “A”
Page 105
APPENDIX B - WORK SCHEDULE ILLUSTRATION
The City affirmatively restates its intent to apply the 7(k) exemption under the Federal
Labor Standards Act (FLSA) to this work schedule. For purposes of illustration only, the
shift schedule pattern for employees working a fifty-six (56) hour work week consists of
eight (8) twenty-four (24) hour on-duty periods within a twenty-four (24) day cycle which
is worked in accordance with the following chart:
X = 24-hour on-duty period
O = 24-hour off-duty period
SCHEDULE: XXOOOOXXOOOOXXOOOOXXOOOO
Page 718 of 1183
Exhibit “A”
Page 106
APPENDIX C - SALARY RANGES
Page 719 of 1183
Page 720 of 1183
R ______
RESOLUTION NO. _______ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS’
ASSOCIATION FOR THE PERIOD OF JULY 1, 2021 TO JUNE 30, 2024
WHEREAS, the San Luis Obispo Police Officers’ Association (POA) is committed to
providing high quality service to the community; and
WHEREAS, to achieve our service standards, the City must attract and retain highly
qualified employees who exemplify our organizational values; and
WHEREAS, fostering an environment attractive to such employees depends upon
many factors, including a competitive compensation program; and
WHEREAS, the City of San Luis Obispo has experienced challenges recruiting
and retaining Police Officers and Communications Technicians; and
WHEREAS, the City Council is committed to providing competitive compensation
to recruit and retain well qualified employees, as provided in the City’s adopted Labor
Relations Objectives and Compensation Philosophy while also considering the long-term
fiscal sustainability of changes in compensation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo hereby revises the Police Officers’ Association compensation as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo
and the POA, attached hereto as Exhibit “A” and incorporated herein by this reference, is
hereby adopted and ratified.
SECTION 2. The Director of Finance shall adjust the appropriate accounts to reflect
the compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to Chris Chitty, San Luis Obispo Police
Officers’ Association, and Nickole Domini, Interim Human Resources Director.
Page 721 of 1183
Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 4. Amendments to compensation for the San Luis Obispo Police
Officers’ Association do not constitute a “Project” under CEQA Guidelines Sec. 15378.
Upon motion of Council Member ___________________________, seconded by
Council Member ________________________, and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of __________ 2021.
_____________________________
Mayor Heidi Harmon
ATTEST:
__________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
_____________________________
Teresa Purrington
City Clerk
Page 722 of 1183
Exhibit “A”
Table of Contents
ARTICLE 1 - PREAMBLE .......................................................................................................... 1
ARTICLE 2 - RECOGNITION ..................................................................................................... 2
ARTICLE 3 - DUES DEDUCTION .............................................................................................. 3
ARTICLE 4 - EMPLOYEE RIGHTS ............................................................................................ 4
ARTICLE 5 - MANAGEMENT RIGHTS ...................................................................................... 5
ARTICLE 6 - REPRESENTATIVE ROLE ................................................................................... 6
ARTICLE 7 - SALARY ................................................................................................................ 8
ARTICLE 8 - MASTER POLICE OFFICER PROGRAM ............................................................10
ARTICLE 9 - TRAINING OFFICER INCENTIVE .......................................................................13
ARTICLE 10 - BILINGUAL PAY ................................................................................................14
ARTICLE 11 - OVERTIME - SWORN .......................................................................................15
ARTICLE 12 - OVERTIME - NON-SWORN ..............................................................................21
ARTICLE 13 - WORK OUT-OF-GRADE ...................................................................................26
ARTICLE 14 - STANDBY SWORN & NON-SWORN .................................................................27
ARTICLE 15 - EDUCATION INCENTIVE ..................................................................................28
ARTICLE 16 - UNIFORM ALLOWANCE ...................................................................................30
ARTICLE 17 - HEALTH CARE INSURANCE ............................................................................31
ARTICLE 18 - RETIREMENT ....................................................................................................35
ARTICLE 19 - SENIORITY........................................................................................................38
ARTICLE 20 - HOLIDAYS .........................................................................................................39
ARTICLE 21 - VACATION.........................................................................................................41
ARTICLE 22 - SICK LEAVE ......................................................................................................43
ARTICLE 23 - FAMILY LEAVE .................................................................................................44
ARTICLE 24 - BEREAVEMENT LEAVE....................................................................................46
ARTICLE 25 - CATASTROPHIC LEAVE...................................................................................47
ARTICLE 26 - WORKERS' COMPENSATION LEAVE ..............................................................48
ARTICLE 27 - JURY DUTY AND MILITARY LEAVES ..............................................................49
ARTICLE 28 - GENERAL PROVISIONS ...................................................................................50
ARTICLE 29 - RESIDENCY REQUIREMENTS .........................................................................51
ARTICLE 30 - PROMOTIONAL POLICY ...................................................................................52
ARTICLE 31 - PERFORMANCE EVALUATIONS .....................................................................56
ARTICLE 32 - GRIEVANCE PROCEDURE ..............................................................................58
ARTICLE 33 - LAYOFFS ..........................................................................................................61
ARTICLE 34 - WORK ACTIONS ...............................................................................................63
ARTICLE 35 - COMMUNICATION PROCESS ..........................................................................64
ARTICLE 36 - NOTICE TO THE ASSOCIATION ......................................................................65
ARTICLE 37 - EQUIPMENT ......................................................................................................66
ARTICLE 38 - TEMPORARY MODIFIED DUTY .......................................................................68
ARTICLE 39 - WORK SCHEDULES .........................................................................................69
ARTICLE 40 - SWAT OPERATOR LUCA BENEDETTI FITNESS INCENTIVE .........................77
ARTICLE 41 - TRAUMATIC INCIDENTS ..................................................................................78
ARTICLE 42 - NO DISCRIMINATION .......................................................................................79
ARTICLE 43 - STAFFING .........................................................................................................80
ARTICLE 44 - FULL AGREEMENT ...........................................................................................81
ARTICLE 45 - SAVINGS CLAUSE ............................................................................................82
ARTICLE 46 - RENEGOTIATIONS ...........................................................................................83
ARTICLE 47 - TERM OF AGREEMENT ...................................................................................84
APPENDIX A - CLASSIFICATION ............................................................................................85
Page 723 of 1183
Exhibit “A”
ii
APPENDIX B - GRIEVANCE FORMS .......................................................................................86
APPENDIX C – SALARY RANGE LISTING ..............................................................................88
Page 724 of 1183
Exhibit “A”
1
ARTICLE 1 - PREAMBLE
1.1 This Agreement is effective the 20th day of July, 2021, by and between the City of
San Luis Obispo, hereinafter referred to as City, and the San Luis Obispo Police
Officers' Association. The provisions of this Agreement shall apply to all unit
members employed on July 20, 2021, or thereafter.
1.2 The purpose of this Agreement is to promote the improvement of personnel
management and employer/employee relations, provide an equitable and peaceful
procedure for the resolution of differences and establish rates of pay and other
terms and conditions of employment.
1.3 The City and the Police Officers' Association agree that all employees of the City
share in the important responsibility of providing superior service to the public and
that every job and position is considered to be important.
1.4 Nothing in this Agreement between the parties shall invalidate or be substituted for
any provision in Resolution No. 6620 (1989 Series) unless so stipulated to by
provision(s) contained herein and agreed to.
Page 725 of 1183
Exhibit “A”
2
ARTICLE 2 - RECOGNITION
The City hereby recognizes the San Luis Obispo Police Officers' Association as the
bargaining representative for purposes of representing regular and probationary
employees, occupying the position classifications set forth in Appendix A, in the Police
Unit with respect to their compensation, hours and other terms and conditions of
employment for the duration of the Agreement.
Page 726 of 1183
Exhibit “A”
3
ARTICLE 3 - DUES DEDUCTION
3.1 The Association is responsible for providing written notice to the City of those
bargaining unit members who have authorized deductions from salary for
Association membership. Based on such notice, the City will deduct the amounts
specified by the Association and remit the deducted amounts to the Association
treasurer.
3.2 The Association’s certification of dues deductions, additions, and/or deletions shall
be submitted to the City's Finance Director or designee. The Finance Department
will provide the Association President with a monthly notification of all dues
transactions.
3.3 The Association shall hold the City harmless from any and all claims and will
indemnify and defend it against any unusual costs in implementing salary
deductions pursuant to this Article.
3.4 The Association shall refund to the City any amount paid to the Association in
error, upon presentation of supporting evidence.
Page 727 of 1183
Exhibit “A”
4
ARTICLE 4 - EMPLOYEE RIGHTS
Employees of the City shall 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 the City shall also have the
right to refuse to join or participate in the activities of employee organizations and shall
have the right to represent themselves individually in their employment relations with the
City. No employee shall be interfered with, intimidated, restrained, coerced, or
discriminated against because of the exercise of these rights.
Page 728 of 1183
Exhibit “A”
5
ARTICLE 5 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion;
direct its employees; take disciplinary action; relieve its employees from duty because of
lack of work or for other legitimate reasons; maintain the efficiency of government
operations; determine the methods, means and personnel by which government
operations are to be conducted; determine the content of the job classifications; take all
necessary actions to carry out its mission in emergencies; and exercise complete control
and discretion over its organization and the technology for performing its work.
The City’s exercise of its rights under this section is subject to applicable State law.
Page 729 of 1183
Exhibit “A”
6
ARTICLE 6 - REPRESENTATIVE ROLE
As established by Article 44 of this Agreement, in the event any new practice or subject
matter within the scope of representation arises during the term of this Agreement and an
action concerning that practice or subject matter is proposed by the City, th e Association
will be afforded notice and shall have the right to meet and confer upon request. In this
event, as well as for renegotiations under Article 46 of this Agreement, members of the
Association may, by a reasonable method, select not more than five (5) employee
members to meet and confer with the Municipal Employee Relations Officer and other
management officials (after written certification of such selection is provided by the
Association). Such meet and confer sessions under both Article 44 and Article 46 of this
Agreement shall be considered hours of work for the designated Association
representatives. The Association shall, whenever practicable, submit the name(s) of
each employee representative to the Municipal Employee Relations Officer at least two
working days in advance of such meetings.
Provided further:
(A) That no employee representative shall leave his or her duty or work station
or assignment without specific approval of the Police Chief or other
authorized City management official. That any such meeting is subject to
scheduling by City management consistent with operating needs and work
schedules. Nothing provided herein, however, shall limit or restrict City
management from scheduling such meetings before or after regular duty or
work hours.
(B) Association members will donate a total of 250 hours per year (inclusive of
any carryover time) of vacation time, holiday time, and compensatory time
off to an Association "time bank" under the following guidelines:
During the first full pay period of July each calendar year, the POA President
shall determine the number of hours remaining in the Association time bank.
That number shall be subtracted from the maximum number of time bank
hours of 250 hours. The difference between the actu al number of hours
and the 250-hour maximum will be divided by the number of POA
Page 730 of 1183
Exhibit “A”
7
represented employees. Each represented employee shall then contribute
an equal number of leave hours to be debited by the City to maintain the
250 hours’ time bank. Employees shall have the option to designate
vacation, holiday or CTO leave time. The POA President will provide a list
to Payroll of all employees donating to the bank, the leave bank from which
the time will be drawn, and the number of hours to draw.
1. Only Association officers or bargaining team members may draw from
the bank.
2. Requests to use time from the bank must be made reasonably in
advance of the use. Approval is subject to the operational necessity of
the department and normal time off approval proce sses.
3. Time bank hours can be used for POA operational needs including but
not limited to Association training, meetings, and ancillary business. If
the Association officers or bargaining team members are scheduled on
duty and cannot shift adjust, or they are performing any of the above
listed duties outside of their normal working hours, they will be paid at
straight time for hours coded under the Association time ban k. It is
understood and agreed that the leave hours do not count toward hours
worked for the purposes of calculating overtime.
The City agrees to meet and confer over an increase in donations to the association leave
bank if requested by the POA during the term of this MOA.
Page 731 of 1183
Exhibit “A”
8
ARTICLE 7 - SALARY
7.1 Rules Governing Step Increases
The following rules shall govern step increases for bargaining unit members:
A. The first step is the minimum rate and shall normally be the hiring rate for
the class. In cases where it is difficult to secure qualified personnel, or if a
person of unusual qualifications is hired, the Human Resources Director or
designee may authorize hiring at any step.
B. An employee may be advanced to the next step in the salary range upon
receiving an overall rating of at least “Meets Performance Standards” on the
employee’s annual performance evaluation, as approved by the Police
Chief and the Human Resources Director, or their designees. Following
completion of the annual performance evaluation, the employee’s step
increase will be effective on the employee’s position anniversary date.
C. If an employee receives an overall rating of “Below Performance Standards”
on their Annual Performance Evaluation, they will not be eligible for
advancement until they receive a “Meets Performance Standards” overall
rating or better on their next annual performance evaluation.
D. Progression to Master Police Officer, the last step of the Police Officer
salary range, will occur when the employee has satisfied the requirements
outlined in Article 8.4.
7.2 The salary range for Police Officer consists of nine steps (1 through 9). Steps 1
through 9 equal 95% of the next highest step, computed to the nearest $1.00. The
salary range for all other classifications in the bargaining unit consists of seven
steps (1 through 7). Steps 1 through 7 equal 95% of the next highest step,
computed to the nearest $1.00.
Effective the first full pay period following Council adoption, the following changes
will take place for the salary ranges of Police Cadet and Police Officer:
The salary range for Police Cadet will consist of one step, paid ten (10%)
percent below Step 1 of Police Officer.
Page 732 of 1183
Exhibit “A”
9
The existing Step 1 and Step 2 of Police Officer will be removed, with Step
3 becoming Step 1, making a total of seven steps (1-7). Steps 1 through 7
equal 95% of the next highest step, computed to the nearest $1.00.
Each across-the-board percent salary increase shall raise the top step of the range
by the percent increase, and the lower steps shall be calculated using the
methodology in the paragraph above. The top step of each successive salary
range will be 2.63% above the top step of the next lower range. After all steps of
each salary range have been established, each shall be rounded off to the nearest
$1.00.
7.3 Salary Schedule Increases for Term of Agreement
Salary schedule increases will be effective on the first day of the first full pay period
following the dates listed below to address cost of living adjustments and to
address the difficulty in attracting and retaining qualified employees:
July 2021 5% All Sworn and Non-Sworn Classifications
July 2022 5% All Sworn and Non-Sworn Classifications
July 2023 5% All Sworn and Non-Sworn Classifications
The salary ranges for the term of this agreement are listed in Appendix C .
Page 733 of 1183
Exhibit “A”
10
ARTICLE 8 - MASTER POLICE OFFICER PROGRAM
8.1 The Master Police Officer Program shall be as follows:
The specialty assignments included in this program are:
S.E.T5, 7 4 years4
Traffic Officer5 4 years3
Investigator5, 7 4 years
Narcotics Task Force Investigator 4 years
School Resource Officer (SRO) 4 years4
Crime Scene Investigator 3 years
Defensive Tactics Instructor1 3 years
Hostage Negotiator1 3 years
Range Master 4 years2
Downtown Officer 3 years2
Swat Team Operator1 3 years
Bomb Technician1, 7 3 years
CAT (Community Action Team) 4 years
Traffic Call Out1 3 years
IT Officer1 3 years
Field Training Officer6 4 years
1 Non-mandatory Rotational position.
2 Early opt out allowed after two years with full credit towards MPO status.
3 If grant funding is received for DUI enforcement, then the assignment is two years and
is counted toward MPO credit.
4 Early opt out allowed after three years with full credit towards MPO status.
5 At the discretion of the Police Chief, Administrative Captain, Investigations Lieutenant,
SET Sergeant, and following input from a member of the POA board of directors, one
position in SET, Investigator (Property), Investigator (Persons), and Traffic may be
extended two years. This extension can be reoccurring based on job performance and
Page 734 of 1183
Exhibit “A”
11
management recommendation. An officer can choose to decline the extension at the end
of the completed rotation.
6 This assignment will be governed by Article 8.4 9. If the FTO is currently an MPO, or
the Officer has completed or is concurrently holding two other assignments listed in Article
8.1, then the FTO will be entitled to the $50 incentive listed in Article 9.1. This will be a
non-mandatory rotational assignment and when the employee has accumulated four total
years in the assignment, (with or without a trainee) it will qualify as a comple ted
assignment towards Article 8.4 Master Police Officer.
7Officers assigned to S.E.T, Investigations, and the Bomb Technician will be assigned a
take-home vehicle during the length of their assignment.
8.2 To be eligible for compensation under this pro gram, an employee must receive
and maintain at least a "Meets Performance Standards" rating on their evaluation.
8.3 Compensation under this program shall in no case exceed one step on the salary
range.
8.4 Master Police Officer
Eligibility requirements for the position of Master Police Officer are as follows:
1. One full year at Step 8 of the Police Officer salary range. Effective the first pay
period following Council adoption, one full year at Step 6 of the Police Officer
salary range.
2. Must have obtained an advanced POST Certificate.
3. Must have successfully completed two specialty assignments and two years in
a third specialty assignment. Assignments may be completed in any order.
Lateral Officers having completed two comparable specialty assignments at
their prior agency shall receive credit for a third specialty assignment. The
comparability of specialty assignments shall be determined by the Police Chief
in their discretion. The Chief may require an employee seeking credit for prior
agency specialty assignment credit to submit satisfactory proof of successful
performance in such assignments.
4. Reassignment, with a break in service, to the same assignment will be credited
as a third assignment. To be credited for the purposes of compensation, an
Page 735 of 1183
Exhibit “A”
12
officer shall be required to complete the terms of any specialty assignment
unless early departure for good cause is/was authorized by the Chief of Police.
Departure for any other reason will forfeit MPO compensation at the time of
departure.
5. The Department may, at any time, temporarily remove an employee from a
specialty assignment to meet operational needs. If the cumulative total time of
removal from the assignment prior to the employee’s scheduled rotation date
exceeds 90 days, the employee shall have the option of extending the rotation
date by the total time of removal or accepting that amount of time as credit
towards completion of the specialty assignment.
6. Qualified Master Police Officers will be permitted to wear a two -stripe insignia
(otherwise recognized as Corporal stripes) recognizing their status as
determined by Department uniform policy.
7. Compensation: Last step of the Police Officer range.
8. The employee is responsible for requesting advancement to Master Police
Officer. The Department will, once annually, remind employees to make such
requests. Retroactive payments will not be made if the employee fails to make
a timely request.
9. Once an officer achieves status of MPO they will be assigned to attend the
Field Training Officer Class if they wish to be a Field Training Officer.
At the discretion of the Police Chief they can select other officers to be a Field
Training Officer if there are not enough MPO’s willing to be Field Training
Officers to meet the department needs. The qualifications to be selected by the
Police Chief will be six years of law enforcement experience with a minimum of
three years working as a Police Officer with the San Luis Obispo Police
Department. The Police Chief has discretion to offer FTO to an officer with less
seniority if FTO spots are unable to be filled.
Page 736 of 1183
Exhibit “A”
13
ARTICLE 9 - TRAINING OFFICER INCENTIVE
9.1 When assigned a trainee by the Police Chief or designee, Training Officers will
receive $50 per day. Classifications that are eligible for this incentive are Police
Officers (Field Training Officers) and Communications Technicians
(Communications Training Officers).
Page 737 of 1183
Exhibit “A”
14
ARTICLE 10 - BILINGUAL PAY
10.1 Employees certified as bilingual in Spanish through a testing process administered
by the City Human Resources Department shall receive a bilingual payment of
$100 per pay period. Additional languages may be approved by the City based
upon demonstrated need. Regardless of certification, all employees shall use any
language skills they possess to the best of their ability.
Page 738 of 1183
Exhibit “A”
15
ARTICLE 11 - OVERTIME - SWORN
11.1 CONTRACT OVERTIME
A. Contract overtime is defined as all hours worked in excess of their regularly
scheduled shifts.
B. Employees are regularly assigned to work 160 hours in the 28-day work period.
C. All paid leave hours shall be counted as hours worked for purposes of calculating
overtime, to include Vacation, Holiday, Sick Leave, IOD (Workers Compensation),
and Compensatory Time Off (CTO).
D. All contract overtime shall be authorized by the Police Chief or designee prior to
being compensated. Contract overtime shall be paid in each pay period.
E. All sworn employees covered by this Agreement shall be eligible for contract
overtime pay.
11.2 FLSA/STATUTORY OVERTIME
A. In accordance with section 207(k) of the Fair Labor Standards Act (FLSA), the City
has declared a twenty-eight-day work period for the purpose of calculating FLSA
overtime. The FLSA work period is deemed to commence at 12:01 AM on the first
day of the 28-day period and end at 11:59 PM on the 28th day of the 28-day work
period and the FLSA overtime threshold for the work period is 171 hours. This
declaration is separate and apart from the City’s contractual overtime obligations
set forth in Section 11.1. above.
B. For the purpose of complying with FLSA overtime requirements, the City has
adopted a dual calculation method whereby it calculates FLSA overtime in
accordance with the requirements of FLSA regular rate requirements and more
specifically, 29 CFR section 778.109 and 778.110. This requires the payment of
FLSA overtime for all hours actually worked by non -exempt sworn personnel in
excess of 171 in the 28-day work period. To the extent the City’s dual calculation
method determines that FLSA overtime owed for the 28-day work period exceeds
the amount of contract overtime paid for the same work period, the difference will
be paid to the employee by way of an “FLSA Adjustment” in the following City pay
period.
Page 739 of 1183
Exhibit “A”
16
11.3 COMPENSATION
A. All contract overtime as defined in Section 11.1 of this Article shall be paid in cash
at one and one-half (1 1/2) the employee's base rate of pay, plus incentives as
defined below in Section 11.5, or in compensatory time off (CTO).
B. Separate and apart from the City’s contractual obligation to pay overtime in
accordance with Section 11.1 above, the City is obligated to calculate and pay , at
a minimum, FLSA overtime based on the federally defined regular rate of pay
which includes cash in lieu in compliance with the Flores v. City of San Gabriel
decision applicable to members of POA’s bargaining unit. This calculation will be
administered in accordance with Section 11.2 above.
11.4 COMPENSATORY TIME OFF (CTO)
A. An employee who earns contract overtime as defined in Section 11.1 above may
elect compensation in the form of time off (CTO). An employee may be
compensated in cash at the rate of one and one-half (1 1/2) hours for each hour of
overtime worked. However, no employee shall accumulate and have current credit
for more than 100 hours of CTO.
B. The Association and the City agree that CTO usage is subject to normal time off
approval processes and may be denied if it would result in the need for overtime
overage (except when scheduled in conjunction with approved vacation during the
annual vacation sign-ups).
C. Upon separation from employment with the City, the employee’s accrued CTO will
be paid out at the employee’s base rate of pay.
11.5 PAY INCENTIVES TO BE INCLUDED IN THE BASE RATE FOR OVERTIME
UNDER SECTIONS 11.1 AND 11.2 ABOVE
Bilingual Pay
Education Incentive
Holiday Pay
Training Officer Pay
Standby Pay
Page 740 of 1183
Exhibit “A”
17
Work out of Grade Pay
11.6 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of
the employee's normal work hours, if a minimum applies as found in this article,
then the employee has the choice of taking the minimum or taking the pay for the
work actually performed.
11.7 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled
shift shall be guaranteed a three-hour minimum payment at time and one half of
the contract overtime rate. Unanticipated emergency call-backs (criminal
investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.)
will include a total 30 minutes for travel time.
11.8 COURT TIME
A. Effective the first full pay period upon ratification, employees reporting for court
duty shall be guaranteed three hours minimum payment at time and one -half
of the contract overtime rate.
B. Employees required to work through the lunch break while on court duty shall
be credited with time worked. Duty free lunch periods shall not be
compensable, to a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. If a scheduled court appearance is canceled on the day the employee is to
appear, they shall be eligible for the minimum payment in this Section.
11.9 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do shall be paid for
such attendance. Payment shall be considered overtime and paid as such if the
hours fall within the definition of overtime.
Page 741 of 1183
Exhibit “A”
18
11.10 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed three-hour minimum payment at time and one
half of the contract overtime rate.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall be a flat $60 per day subject to the following maximum amounts
if not a full day (unless increased by City Policy).
Breakfast – $15.00 (regardless of whether or not a continental breakfast is
provided)
Lunch – $15.00
Commuter Lunch* - $15.00
Dinner – $30.00
Mileage at the prescribed IRS mileage reimbursement rate.
*Commuter Lunch is defined as providing a lunch for trainings outside of the City
of SLO limits.
11.11 RANGE QUALIFICATION
A. Employees required to qualify with department approved firearms shall be
guaranteed three hours at time and one-half when participating in range
qualification training when off duty.
B. Each employee who shoots for qualification shall be provided 100 rounds of
practice handgun ammunition each month upon request. Employees may only
receive the current month’s handgun allocation. Employees must be present to
receive and sign for allotted ammunition. Employees that have been placed on
administrative leave, and/or 4850 that extends beyond 90 days shall not
receive an allotment of ammunition until return from such leave. Allotments
shall not accrue during the pendency of such leave and shall not be owed to
Page 742 of 1183
Exhibit “A”
19
an employee for the pendency of such leave. An employee on modified duty
or 4850 less than 90 days may receive allotment with a note from a physician.
11.12 OVERTIME ASSIGNMENT - SWORN PERSONNEL
A. Overtime shifts will be posted for a minimum of 72 hours in the Department’s
scheduling system. During this time, employees will have the opportunity to
sign up for the overtime shift and add and/or delete their names from the
posting at any time until it closes. At the end of the posting period, the posting
will automatically close, and the most senior Police Officer will automatically be
assigned the shift. If an Officer is assigned an overtime shift, it is their
responsibility to work the shift or find a replacement in the event they can no
longer work the shift.
B. If the shift is within 72 hours of the posting, it will be posted for a shorter period
of time and the Watch Commander or Sergeant doing the posting may take the
first person that signs up for the overtime shift. Every effort will be made to limit
overtime to no more than 16 consecutive hours for officers assigned to patrol
due to safety concerns.
C. If no officer is signed up on the overtime posting, management may send a
notification to all qualified personnel regarding needed overtime which will be
assigned to the first officer responding to the notification.
D. In the event necessary staffing is not covered by regular shift assignments or
voluntary coverage, management reserves the right to fill the shift by reverse
seniority. An officer may decline the overtime shift if they have worked an
overtime shift of at least eight hours in the last fourteen days.
11.13 CONTRACT OVERTIME REMEDY PROVISION
A. The City and the Association (hereafter “parties”) acknowledge and agree that
they have met and conferred in good faith in accordance with Gov’t Code
section 3500 et. seq. concerning the definition, calculation and payment of
contract overtime as set forth in Section 11.1 of this Agreement.
Page 743 of 1183
Exhibit “A”
20
The parties further acknowledge and agree that the provisions of Section 11.1
establish the full extent of the City’s contractual obligations to pay overtime for
services rendered within the course and scope of employment by members of
the bargaining unit and that to the extent individual claims for statutory overtime
under the FLSA are asserted by or on behalf of any member of this bargaining
unit during the term of this Agreement, such claims will not present or support
a claim for contract overtime under this Agreement.
Page 744 of 1183
Exhibit “A”
21
ARTICLE 12 - OVERTIME - NON-SWORN
12.1 CONTRACT OVERTIME
A. Contract overtime is defined as all hours worked in excess of 40 hours in the
seven-day work period.
B. All paid leave hours shall be counted as hours worked for the purposes of
calculating overtime, to include Vacation, Holiday, Sick Leave, IOD (Workers
Compensation), and Compensatory Time Off (CTO).
C. All contract overtime shall be authorized by the Police Chief or designee prior to
being compensated. Contract overtime shall be paid in each pay period.
D. All non-sworn employees covered by this Agreement shall be eligible for contract
overtime pay.
12.2 FLSA/STATUTORY OVERTIME
For the purpose of complying with the Fair Labor Standards Act (FLSA) overtime
requirements under 29 USC Section 207(a), the City has adopted a dual
calculation method whereby it calculates FLSA overtime based on all hours
actually worked by overtime eligible employees in excess of 40 hours in the seven -
day work period. To the extent the City’s dual calculation method determines t hat
FLSA overtime owed for the seven-day work period exceeds the amount of
contract overtime paid for in the same seven-day work period, the difference will
be paid to the employee by way of an “FLSA Adjustment” in the following City pay
period.
12.3 COMPENSATION
A. All contract overtime as defined in Section 12.1 of this Article shall be paid in cash
at one and one half (1 1/2) the employee's base rate of pay, plus incentives as
defined below in Section 12.5, or in time off (CTO).
B. Separate and apart from the City’s contractual obligation to pay overtime in
accordance with Section 12.1 above, the City is obligated to calculate and pay, at
a minimum, FLSA overtime based on the federally defined regular rate of pay
which includes cash in lieu in compliance with the Flores v. City of San Gabriel
Page 745 of 1183
Exhibit “A”
22
decision applicable to members of POA’s bargaining unit. This calculation will be
administered in accordance with Section 12.2 above.
12.4 COMPENSATORY TIME OFF (CTO)
A. An employee who earns contract overtime as defined in Section 12.1 above may
elect compensation in the form of time off (CTO). An employee may be
compensated in cash at the rate of one and one-half (1 1/2) hours for each hour of
overtime worked. However, no non-sworn employee shall accumulate and have
current credit for more than 240 hours of CTO.
B. The Association and the City agree that CTO usage is subject to normal time off
approval processes and may be denied if it would result in the need for overtime
overage (except when scheduled in conjunction with approved vacation during the
annual vacation sign-ups).
C. Upon separation from employment with the City, the employee’s accrued CTO will
be paid out at the employee’s base rate of pay.
12.5 PAY INCENTIVES TO BE INCLUDED IN THE BASE RATE FOR OVERTIME
UNDER SECTIONS 12.1 AND 12.2 ABOVE
Bilingual Pay
Education Incentive
Holiday Pay
Training Officer Pay
Standby Pay
Work out of Grade Pay
12.6 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of
the employee's normal work hours, if a minimum applies as found in this article,
then the employee has the choice of taking the minimum or taking the pay for the
work actually performed.
Page 746 of 1183
Exhibit “A”
23
12.7 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled
shift shall be guaranteed a three-hour minimum payment at time and one half of
the contract overtime rate. Unanticipated emergency call-backs (criminal
investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.)
will include a total 30 minutes for travel time.
12.8 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one-half of the contract overtime rate.
B. Employees required to work through the lunch break while on court duty shall
be credited with time worked. Duty free lunch periods shall not be
compensable, to a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. If a scheduled court appearance is canceled on the day the employee is to
appear, they shall be eligible for the minimum payment in this Section.
E. Personnel placed on court standby shall be compensated a minimum of three
hours of straight time per calendar day when on court standby.
12.9 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for
such attendance. Payment shall be considered overtime and paid as such if the
hours fall within the definition of overtime.
12.10 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed three-hour minimum payment at time and one-
half of the contract overtime rate.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
Page 747 of 1183
Exhibit “A”
24
required training course requiring overnight stay. Daily meal reimbursement
provided shall be a flat $60 per day subject to the following maximum amounts
if not a full day (unless increased by City Policy).
Breakfast – $15.00 (regardless of whether or not a continental breakfast is
provided)
Lunch – $15.00
Commuter Lunch* - $15.00
Dinner – $30.00
Mileage at the prescribed IRS mileage reimbursement rate.
*Commuter Lunch is defined as providing a lunch for trainings outside of the City
of SLO limits.
12.11 OVERTIME ASSIGNMENT - COMMUNICATIONS TECHNICIANS
A. A Communications Technician is able to add and remove their name for an
overtime shift prior to being assigned the shift; however, when the
Communications Technician is assigned an overtime shift by a supervisor, it is
their responsibility to work the shift or find a replacement in seniority order in
the event they can no longer work the shift. If there is an emergency, or another
extenuating circumstance that the employee is unable to find a replacement for
the overtime shift, the department will make an effort to help fill the overtime
shift.
B. If an overtime shift to cover holiday time or CTO time is not filled, the holiday or
CTO time off will be canceled.
C. If the overtime shift is to cover sick leave, vacation leave, training, or a vacancy,
the overtime will be mandated to the least senior person that is not working
during the hours requiring coverage, the shift prior to the or the shift after the
shift requiring coverage.
12.12 CONTRACT OVERTIME REMEDY PROVISION
Page 748 of 1183
Exhibit “A”
25
A. The City and the Association (hereafter “parties”) acknowledge and agree that
they have met and conferred in good faith in accordance with Gov’t Code
section 3500 et. seq. concerning the definition, calculation and payment of
contract overtime as set forth in Section 12.1 of this Agreement. The parties
further acknowledge and agree that the provisions of Section 12.1 establish the
full extent of the City’s contractual obligations to pay overtime for services
rendered within the course and scope of employment by members of the
bargaining unit and that to the extent individual claims for statutory overtime
under the FLSA are asserted by or on behalf of any member of this bargaining
unit during the term of this Agreement, such claims will not present or support
a claim for contract overtime under this Agreement.
Page 749 of 1183
Exhibit “A”
26
ARTICLE 13 - WORK OUT-OF-GRADE
Employees temporarily assigned to work in a higher classification shall receive one step
(5.26%) additional pay but in no case more than the top step for the higher classification
under the following conditions:
A. The assignment exceeds ten consecutive workdays, or eighty consecutive
work hours, in which case the step increase becomes effective on the first
workday.
B. The person being temporarily replaced is on ext ended sick or disability leave
or the position is vacant and an examination is pending.
Page 750 of 1183
Exhibit “A”
27
ARTICLE 14 - STANDBY SWORN & NON-SWORN
14.1 DEFINITION
Standby is that circumstance which requires an employee assigned by the
department to: 1) be ready to respond immediately to a call for service; 2) be
readily available at all hours by telephone or other agreed upon communication
equipment; and 3) refrain from activities which might impair their assigned duties
upon call (including alcohol consumption).
The parties agree that employees on standby, as defined above, are "waiting to
be engaged." The parties further agree there is no intent to waive any individual
rights under FLSA. When an employee is engaged on the phone in excess of ten
minutes to discuss department business such time will be considered time worked.
14.2 COMPENSATION
Hourly Standby
1) Personnel placed on standby shall be compensated one -hour's pay for each
five hours standby.
2) Such employees shall be paid a minimum of three hours straight time when on
standby. Each calendar day starts a new standby period.
Investigator/Bomb Technician Weekly Standby
A. Investigators/Bomb Technicians placed on standby shall be compensated $45
per regularly scheduled workday, and $65 per regularly scheduled day off and
holiday as listed in Article 20.1.
B. Standby shall be rotated among the assigned investigators. Normally, the
standby assignment shall be for a period of one week.
Page 751 of 1183
Exhibit “A”
28
ARTICLE 15 - EDUCATION INCENTIVE
The educational incentive pay plan shall continue as described below for sworn and non-
sworn personnel for the term of this agreement.
A. BASIC BENEFITS. Education incentive pay shall not begin until one year after
employment with the City of San Luis Obispo, but credit will be given for
approved education obtained prior to that time. The basic benefit will consist
of an adjustment equal to one-half step (2.63%) above the base salary for
possession of an Intermediate POST certificate, A.A. or equivalent degree from
an accredited community or junior college, or 60 or more semester units, or a
City-approved equivalent; an adjustment equal to one full step (5.26%) for an
Advanced POST certificate, B.A. or equivalent degree from an accredited
college or university.
B. JOB RELATED FIELDS. Degrees must be either in directly job-related fields
or include at least 30 semester, or City-approved equivalent, units of job-related
coursework in the case of an A.A. degree and at least 60 semester, or City -
approved equivalent, units in the case of a B.A. Should an employee qualify
for the one-half step basic benefit by having completed 60 or more semester
units or City-approved equivalent, at least 30 of those units must be in job
related coursework. All qualifying coursework must be graded at "C" or Pass
or better. It is understood that general education courses required for a degree
are compensable under this section.
C. APPLICATION AND APPROVAL. Application for the incentive pay shall be
made by the employee to the Chief of Police at least 30 days before the date
the payment of the incentive pay is to be effective. Approval of the Chief of
Police and the Director of Human Resources shall be required.
Page 752 of 1183
Exhibit “A”
29
D. NON-APPLICABILITY. Educational incentives shall generally not be paid for
education on City time. However, if the City sends an employee for training on
City time and college-level credits are earned during that training, those credits
shall count toward education incentive. The education incentive will be
removed if the employee is promoted to a position that does not entitle
employees to such incentives.
E. ADDITIONAL PROVISIONS.
1. The maximum benefit under this article is the equivalent to the one-step
increase for possession of one B.A. or equivalent degree (5.26%).
2. Sworn and non-sworn employees are eligible to participate in the Tuition
Reimbursement program as set forth in City Policy.
Page 753 of 1183
Exhibit “A”
30
ARTICLE 16 - UNIFORM ALLOWANCE
16.1 All unit members are required to wear a uniform is expected to purchase and
maintain in good repair all required uniform pieces.
16.2 The following classifications shall receive $1,000 per year uniform allowance, with
$500 issued to the employee with the first paycheck in June and $500 issued to
the employee with the first paycheck in December.
Police Cadets
Police Officers
16.3 The following classifications shall receive $500 per year uniform allowance, with
$250 issued to the employee with the first paycheck in June and $250 issued to
the employee with the first paycheck in December.
Communications Technician
Evidence Technician
Lead Property and Evidence Technician
Police Field Service Technician
Police Records Clerk I
Police Records Clerk II
Property and Evidence Technician
16.4 New employees or employees newly eligible for the uniform incentive will receive
a prorated amount based on number of pay periods remaining in the calendar year.
16.5 For “Classic Members” as defined by CalPERS, uniform allowance shall be
reported to CalPERS as special compensation. Uniform allowance will not be pro -
rated upon separation from employment.
Page 754 of 1183
Exhibit “A”
31
ARTICLE 17 - HEALTH CARE INSURANCE
17.1 Health Flex Allowance
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase such
coverage through the City’s Section 125 “Cafeteria Plan”. If the health flex
allowance is less than the cost of the medical plan, the employee shall have the
opportunity to pay the difference between the health flex allowance and the
premium cost on a pre-tax basis through the City’s Cafeteria Plan. If the premium
cost for medical coverage is less than the health flex allowance, the employee shall
not receive any unused health flex in the form of cash or purchase additional
benefits under the Cafeteria Plan. Less than full-time employees shall receive a
prorated share of the City’s contribution. The 2021 monthly health flex allowance
amounts are:
Level of Coverage 2021 Rates
Employee Only $ 644
Employee Plus One $ 1,171
Family $ 1,543
Effective for the 2022, 2023, and 2024 premiums, the City’s total Cafeteria Plan
contribution shall be modified by an amount equal to one-half of the average
percentage change for family coverage in the PERS health plans available in San
Luis Obispo County. For example: if three plans are available and the year-to-year
changes were +10%, +20%, and -6% respectively, the City’s contribution would be
increased by 4% (10% + 20% + -6% ÷ 3 = 8% x 1/2).
17.2 PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program. The City
shall contribute an equal amount towards the cost of medical coverage under the
Page 755 of 1183
Exhibit “A”
32
Public Employee’s Medical and Hospital Care Act (PEMHCA) for bot h active
employees and retirees. The City’s contribution toward coverage under PEMHCA
shall be the statutory minimum contribution amount established by CalPERS on
an annual basis. The City's contribution will come out of that amount the City
currently contributes to employees as part of the Cafeteria Plan provided to
employees in their various MOA's. The cost of the City's participation in PERS will
not require the City to expend additional funds toward health insurance beyond
what is already provided for in the various bargaining agreements. In summary,
this cost and any increases will be borne by the employees.
17.3 Conditional Opt-Out
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) that is not qualified health
plan coverage under an exchange/marketplace or an individual plan, will be
allowed to waive medical coverage for themselves and their qualified dependents
(tax family). The monthly conditional opt-out incentive is:
Opt Out $559
The conditional opt-out incentive shall be paid in cash (taxable income) to the
employee. The employee must notify the City within 30 days of the loss of other
minimum essential coverage. The conditional opt-out payment shall no longer be
payable, if the employee and family members cease to be enrolled in other
minimum essential coverage.
17.4 Dental and Vision Insurance/Dependent Coverage
Employee’s participation in the City's dental and vision plans is optional.
Employees who elect coverage shall pay the dental and/or eye premium by payroll
deductions on a pre-tax basis through the City’s Cafeteria Plan.
17.5 Long-Term Disability Insurance (LTD)
Page 756 of 1183
Exhibit “A”
33
Sworn employees are covered for Long-Term Disability Insurance through the
Association and are responsible for premium payments. Non -sworn employees
continue to be covered under the City’s Long-Term Disability Insurance Program.
17.6 Life Insurance and Accidental Death and Dismemberment (AD&D) Insurance
Employees shall pay for Life and AD&D insurance coverage of Thirty-five
Thousand Dollars ($35,000) through the City’s Cafeteria Plan.
17.7 Representation on A Medical Plan Review Committee
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non -voting
representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall be
to:
1. Review and suggest changes for the City's Cafeteria plan and the
insurance plan offered under the MOA.
2. Submit to the City and its employee associations recommendations
on proposed changes for the City's Cafeteria plan and the insurance
plans offered under the MOA.
3. Disseminate information and educate employees about the City's
Cafeteria plan and the insurance plans offered under the MOA.
4. Participate in other related assignments requested by the City and
its employee associations.
B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not
preclude the Association and the City from meeting and conferring.
2. No recommendation of the Medical Plan Review Committee on
matters within the scope of bargaining shall take effect before
Page 757 of 1183
Exhibit “A”
34
completion of meet and confer requirements between the City and
the Association, including Resolution 6620.
3. If changes to the City's Cafeteria plan are subject to meet and confer
requirements, the City and the Association agree to meet and confer
in good faith.
4. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City shall pay any fees
incurred for this consultation, provided that the City has approved the
consultation and fees in advance.
17.8 Health Insurance for Unit Member Survivors
The City shall maintain and pay for the existing level of health, dental and vision
benefits for one (1) year for the surviving family of an active employee who dies as
a result of a job-related illness or injury.
17.9 Fitness Program
To the extent the Association wishes to discuss implementation of a Fitness
Program with the City during the term of this agreement, the Association will
provide the City with a written proposal setting forth the specifics of the Fitness
Program. Upon receipt of the Association’s request the City will meet with the
Association representatives to discuss the terms and conditions of the proposed
Fitness Program.
Page 758 of 1183
Exhibit “A”
35
ARTICLE 18 - RETIREMENT
18.1 PERS Contracts
A. “Classic Members First Tier” employees hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System's (PERS)
3% at age 50 plan to all sworn personnel and 2.7% at age 55 for all non -sworn
personnel hired before December 6, 2012. The 3% at age 50 plan includes the
following amendments, namely, Post Retirement Survivor Allowance, the 4th level
1959 Survivor's Benefit, military service credit, one -year final compensation,
conversion of unused sick leave credit to additional retirement credit , and Pre-
Retirement Optional Settlement 2 Death Benefit. The 2.7% at age 55 plan has the
following amendments, the 4th level 1959 Survivor's Benefit, one-year final
compensation, military service credit, conversion of unused sick leave credit to
additional retirement credit, and Pre-Retirement Optional Settlement 2 Death
Benefit.
B. “Classic Members Second Tier” employees hired on or after December 6, 2012.
Effective December 6, 2012, the City agrees to provide the Public Employee’s
Retirement System’s, 2% at age 50 Full Formula for Local Safety Members using
the average of the three highest years as final compensation and 2% at age 60 for
all non-sworn personnel using the average of the three highest years as final
compensation. The 2% at age 50 plan includes the following amendments, namely,
Post Retirement Survivor Allowance, the 4th level 1959 Survivors’ Benefit, military
service credit, conversion of unused sick leave credit to additional retirement
credit, and Pre-Retirement Optional Settlement 2 Death Benefit.
Page 759 of 1183
Exhibit “A”
36
C. “New Members Third Tier”
For all employees who PERS determines are “new members” within the meaning
of the California Public Employees’ Pension Reform Act (PEPRA), the City will
provide the PERS 2.7% at age 57 (PERS Safety Option Plan Two) retirement plan
for sworn personnel and 2% at age 62 retirement plan for non-sworn personnel,
using the highest three-year average as final compensation.
18.2 Member Contributions
A. “Classic Members – First and Second Tier”
Effective January 1, 2000, the City discontinued paying the “classic member”
sworn employees’ share of the PERS Contribution (9%) and the “classic member”
non-sworn employees’ share of the PERS Contribution (8%). The 9% and the 8%
were added to the employees’ base salaries and reported as compensation to
PERS. Effective December 2012 the “Classic member – second tier” sworn
employees’ share of the PERS Contribution is 9% and the “Classic member –
second tier” non-sworn employees’ share of the PERS contribution is 7%. For
purposes of this Article, employee contributions are based on salary and special
compensation as defined by PERS.
Effective the first full pay period January 2014, all sworn and non-sworn employees
shall contribute 3.0% of salary directed to the employers’ normal pension cost in
addition to the employee contribution defined in the paragraph above. Effective
the first full pay period July 2019, all sworn and non -sworn personnel’s additional
contribution shall increase to 4.5% in addition to the employee contribution defined
in the paragraph above. Effective the first full pay period in July 2020, all sworn
and non-sworn personnel’s additional contribution shall increase to 6.0% in
addition to the employee contribution defined in the paragraph above. These
additional contributions are in accordance to the provisions of AB 340 § 7522.30
and §20516
Page 760 of 1183
Exhibit “A”
37
All of the employee contributions are made on a pre-tax basis as allowed under
the Internal Revenue Code § 414 (h) (2).
B. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the total normal cost
of the member contribution, as determined by PERS.
Effective the first full pay period July 2019, all sworn and non-sworn new members
shall contribute 1.5% in addition to the employee paying 50% of the normal cost.
Effective the first full pay period in July 2020, all sworn and non -sworn new
members contribution shall increase to 3%, in addition to the employee paying
50% of the normal cost. These additional contributions are in accordance to the
provisions of AB 340 § 7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed under
the Internal Revenue Code § 414 (h) (2).
Page 761 of 1183
Exhibit “A”
38
ARTICLE 19 - SENIORITY
19.1 Overall seniority in a specific job classification (i.e., Police Officer, Communications
Technician, Field Service Technician, Evidence Technician, Police Records Clerk,
etc.) will prevail as the standard. All days off, vacation, holidays, and shift
selections will be determined by overall seniority in a specific job classification, in
compliance with department policy. The department will continue to designate the
shifts to be available, including the days off and shifts starting and stopping times.
Employees will choose from those shifts designated by the department as
available.
19.2 Seniority as it applies to special assignments for the officers will also fall under this
standard regardless of seniority in the special assignment. This shall include all
current incumbents in specialty assignments as outlined in Article 8.
Page 762 of 1183
Exhibit “A”
39
ARTICLE 20 - HOLIDAYS
20.1 The following thirteen days of each year are designated holida ys for non-shift
employees as defined in Appendix A:
January 1 – New Year's Day
Third Monday in January – Martin Luther King's Birthday
Third Monday in February – Presidents’ Day
Last Monday in May – Memorial Day
July 4 – Independence Day
First Monday in September – Labor Day
September 9 – California Admission Day
Second Monday in October – Indigenous Peoples Day
November 11– Veteran's Day
Fourth Thursday in November – Thanksgiving Day
Friday after Thanksgiving Day
December 25 – Christmas
One-half day before Christmas
One-half day before New Year's
20.2 When a holiday falls on a Saturday, the preceding Friday shall be observed. When
a holiday falls on a Sunday, the following Monday shall be observed. The Police
Chief or designee may make the final determination as to whether the Holiday must
be worked.
20.3 Non-shift employees (As defined in Appendix A) receive the equivalent of 104
hours of holiday leave in the first pay period in January of each year. Non-shift
employees’ remaining holiday leave, not to exceed 52 hours, as of the last pay
period in December will be paid to the employee at the straight time rate. Holiday
leave hours shall be pro-rated when an employee is appointed or leaves
employment during the calendar year. The employee’s final check will be adjusted
to reflect the pro-rated hours.
Page 763 of 1183
Exhibit “A”
40
20.4 Each Shift employee shall earn 4.33 hours of holiday leave semi -monthly, in lieu
of fixed holidays. Such employees shall receive payment at straight time hourly
rate not including any incentive pays for a portion of their earned holiday leave (2.0
hours) each bi-weekly payroll period.
20.5 The remainder of the Shift employee’s annual holiday leave (52 hours) shall be
advanced to the employee effective the first payroll period in January of each year.
Such holiday leave may be taken off by the employee with the approval of the
Police Chief or his designee.
20.6 Each calendar quarter, a Shift employee has the option of receiving payment for
one-fourth (1/4) of their advanced holiday leave. The combination of holiday leave
taken off and payment of advanced holiday time may not exceed 52 hours. Any
holiday leave remaining as of December 31st of each year will be paid to the
employee at the straight time rate. If an employee terminates for any reason,
having taken off hours in excess of their prorated share, the value of the overage
will be deducted from the employee’s final paycheck. Conversely, if an employee
terminates for any reason, having taken off hours less than their prorated share,
the monthly prorated amount will be cashed out on the employee’s final paycheck.
Page 764 of 1183
Exhibit “A”
41
ARTICLE 21 - VACATION
21.1 Full time employees shall accrue vacation leave with pay at the rate of 96 hours
per year of continuous service since the benefit date for the first five years, 120
hours per year upon completion of five years, 144 hours pe r year upon completion
of 10 years, and 160 hours upon completion of 20 years.
21.2 All employees may accrue a maximum of vacation time not to exceed twice their
annual rate.
21.3 Vacation Cash Out
All employees in this unit are eligible, once annually in December, to request
payment for up to 80 hours of unused vacation leave . Payment for unused
vacation leave is subject to the availability of budgeted funds.
To request payment for unused vacation leave, employees must submit an
irrevocable election form to Payroll in December of each year, prior to the pay
period that includes January 1 of the year the cash out is to be paid, to receive
payment for accrued vacation effective on the pay period that includes January 1 st
of the following calendar year, subject to IRS regulations. Late irrevocable election
forms will not be accepted, nor can they be changed after the deadline. The
remaining unused leave shall remain in the employee’s vacation accrual bank.
The hours which are paid out are hours which will be accrued in following year.
21.4 Communications Technician Vacation Assignment
See Article 39 - Work Schedules, Section 39.3.II for details on vacation shift sign
up for Communications Technicians.
21.5 Patrol Vacation Assignment
Prior to or on November 1st, one Master Vacation Schedule shall be posted for
signup for the following calendar year. The Master Vacation Calendar will close
Page 765 of 1183
Exhibit “A”
42
two weeks prior to the start of the winter rotation and will cover winter, summer,
and fall rotations. Time off shall be given based on seniority as follows:
Watch Includes
Day Watch Patrol Team 1/2
Day Watch Specialty Traffic, CAT, Day Metro
Night Watch Patrol Team 3/4 & Night Metro
Night Watch Swings Team 5
The Master Vacation Schedule shall provide the following:
Day Watch – A maximum of two Officers from each Day Watch Patrol team and a
maximum of two Officers f rom Day Watch Specialty shall be granted priority
vacation for the following year. If the total number of Day Watch Specialty Officers
is 5 or less due to a staffing shortage (positions are frozen, unfilled or sent back to
Patrol), only one Day Watch Specialty Officer will be granted priority vacation for
the following year.
Night Watch – A maximum of two Officers from each Night Watch Patrol team
(Night Watch Metro is included in Team 3/4) and a maximum of one Officer from
Night Watch Swings shall be granted priority vacation for the following year. If less
than two Night Watch Patrol Officers request priority vacation on a given date, a
second Officer from Night Watch Swings shall be granted priority vacation on that
date.
The Department, under normal circumstances, dependent upon staffing level
needs, may accommodate additional Officer use of accrued leave. Acc rued leave
includes compensatory time, vacation leave and/or holiday leave. The department
shall make every effort to grant such requests subject to operational staffing needs
and such requests shall not be unreasonably denied.
Page 766 of 1183
Exhibit “A”
43
ARTICLE 22 - SICK LEAVE
22.1 Sick leave is governed by Section 2.36.420 of the Municipal Code.
22.2 Upon retirement the employee may choose : 1) a payout of the employee’s
accumulated sick leave balance based on years of service according to the
following schedule, 2) to convert a portion or all of the employee’s sick leave
balance to service credit in accordance with CalPERS regulations, or, 3) a
combination of these two options. Upon termination by death of the employee a
percentage of the dollar value of the employee’s accumulat ed sick leave will be
paid to the designated beneficiaries according to the following schedule:
A. Death unrelated to the job – 50%
B. Retirement and actual commencement of PERS benefits:
After twenty years of continuous employment – 20%
After twenty-five years of continuous employment – 25%
After thirty years of continuous employment – 30%
C. Job related death or job-related disability retirement and actual commencement
of PERS benefits – 75% with maximum of 1,000 hours payoff.
D. Sick leave cannot be used to postpone the effective date of an industrial
disability retirement. This provision is intended to reiterate past practice and to
exercise the employer’s rights under Government Code, Section 21163.
E. Employee use of sick leave shall be deemed confidential a nd not subject to
reporting in monthly or annual personnel evaluations without proof of abuse.
Page 767 of 1183
Exhibit “A”
44
ARTICLE 23 - FAMILY LEAVE
23.1 An employee may take up to 48 hours of sick leave per calendar year if required
to be away from the job to personally care for a member of their family.
23.2 An employee may take up to 56 hours of sick leave per calendar year if the family
member is part of the employee's household and is hospitalized. The employee
shall submit written verification of such hospitalization.
23.3 “Family member” is defined as:
1) A child, which for purposes of this article means a biological, adopted, or foster
child, stepchild, legal ward, or a child to whom the employee stands in loco
parentis. This definition of a child is applicable regardless of age or dependency
status.
2) A biological, adoptive, or foster parent, stepparent, or legal guar dian of an
employee or the employee’s spouse or registered domestic partner, or a person
who stood in loco parentis when the employee was a minor child.
3) A spouse.
4) A registered domestic partner.
5) A grandparent.
6) A grandchild.
7) A sibling, step-brother, or step-sister.
8) Any other relative living in the same household.
9) Or any other relative as defined by Labor Code 233 and/or Assembly Bill 1522.
23.4 The amounts shown above are annual maximums, not maximums per qualifying
family member.
23.5 In conjunction with existing leave benefits, unit members with one year of City
service who have worked at least 1,250 hours in the last year may be eligible for
up to 12 weeks of Family/Medical leave within any 12-month period. If eligible for
Family/Member Leave, employees must use all available sick, vacation ,
Page 768 of 1183
Exhibit “A”
45
compensatory time off, and holiday prior to receiving unpaid Family/Medical Leave.
Further details on Family/Medical Leave are available in the City’s Family and
Medical Leave Policy.
Page 769 of 1183
Exhibit “A”
46
ARTICLE 24 - BEREAVEMENT LEAVE
At each employee's option, sick leave may be used for absence from duty due to the
death of a member of the employee's immediate family, meaning spouse, child, brother,
sister, parent, parent-in-law, step-parent, step-brother, step-sister, grandparent,
grandchild, or any other relative living in the same household, provided such leave as
defined in this Article shall not exceed 40 hours for each incident. The employee may be
required to submit proof of relative's death before being granted sick leave pay. False
information given concerning the death or relationship shall be cause for discharge.
Page 770 of 1183
Exhibit “A”
47
ARTICLE 25 - CATASTROPHIC LEAVE
Employee’s may be eligible to receive and/or donate accrued paid time off in
accordance with the provisions in the City’s Catastrophic Leave Policy.
Page 771 of 1183
Exhibit “A”
48
ARTICLE 26 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on -the-job injury in accordance with
State Workers' Compensation law and is not eligible for disability payments under Labor
Code Section 4850 shall be paid the difference between their base salary and the amount
provided by Workers' Compensation law during the first 90 business days of such
disability absence.
Page 772 of 1183
Exhibit “A”
49
ARTICLE 27 - JURY DUTY AND MILITARY LEAVES
27.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury,
and when not excluded there from, or when subpoenaed to appear as a witness
at any trial, shall be compensated for the time required to be spent under the
jurisdiction of the court by an amount equal to the difference between the pay they
received as a juror and their regular daily rate received from the City. The
difference between the time required to be spent on jury duty and the normal
workday of the employee shall be spent performing the employee’s regular job
assignments unless the department head, upon approval of the Director of Human
Resources, determines this not to be practical.
Non-sworn employees assigned to night shift and called to serve on a jury or
subpoenaed to appear as a witness at any trial, may request the supervisor to flex
their schedule within the work period to accommodate the required jury duty. In
the event the supervisor is unable to flex the work schedule and the employee is
required to report to jury duty on the same day they are scheduled to work, they
will report the number of hours spent on jury duty to the supervisor and will be
allowed to begin their shift an equal number of hours later. In this case, the
employee will be compensated for the time required to be spent under the
jurisdiction of the court by an amount equal to the difference between the pay they
received as juror/witness and their regular daily rate received from the City.
27.2 MILITARY LEAVE
Any line-item employee shall receive normal salary and fringe benefits during the
first thirty days of any period of temporary military leave. Such compensation shall
not exceed thirty calendar days in any one fiscal year. Any temporar y military
leave in excess of thirty days in one fiscal year shall be taken as vacation leave or
leave of absence without pay.
Page 773 of 1183
Exhibit “A”
50
ARTICLE 28 - GENERAL PROVISIONS
28.1 Payday
Paychecks will be disbursed on a bi-weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
28.2 Salary Survey Agencies
For the purposes of external comparisons, the agencies to be used for review of
compensation shall be:
Gilroy
Monterey
Napa
Petaluma
Pleasanton
Salinas
Santa Barbara
Santa Cruz
Santa Maria
Parties agree that this survey shall be based on total compensation and shall only
be one of the considerations used to determine compensation.
Page 774 of 1183
Exhibit “A”
51
ARTICLE 29 - RESIDENCY REQUIREMENTS
An officer's place of residence shall be within a one and one-half (1 ½) hour driving radius
from the San Luis Obispo Police Department.
Page 775 of 1183
Exhibit “A”
52
ARTICLE 30 - PROMOTIONAL POLICY
Promotions from Police Officer to Police Sergeant shall be subject to the following:
A. Job Announcement. When the Police Department notifies the Department of
Human Resources of a Sergeant position vacancy, the Department of Human
Resources will publish a job announcement. The job announcement will identify
the selection procedure, which includes the application process, test components
with their weights expressed as a percentage of the total score, and tentative dates
of the testing schedule. Whenever available, the City will identify study materia ls
at least 60 days in advance of a test.
B. Application Process. A completed City application must be received in the
Department of Human Resources by the filing deadline.
C. Testing Components.
A. Written Test: The written test will count as 30% of the final score.
1. A standardized written test with performance category questions to include
department policies and procedure, state law, applicable case law and basic
supervisory techniques. If available, the City will provide a list of suggested
study materials. The written test will be prepared by an outside third party
that specializes in preparing such type exams.
2. A score of 70% or better on the written test will enable a candidate to
proceed in the testing process. A score below 70% will disqualify a
candidate from further consideration.
3. All candidates will have the right to review with a representative from the
Department of Human Resources their own written test results so that the
candidate may have the opportunity to improve in the future.
Page 776 of 1183
Exhibit “A”
53
4. The Chief or their designee will review the test before it is given to ensure
that the exam contains material relevant to a supervisory position in San
Luis Obispo.
B. Assessment Center will count as 70% of the final score.
1. The Assessment Center may consist of 2 or more exercises. One of these
exercises will be a traditional oral board interview. Other exercises may
include a situational role-playing, oral resume, simulation exercises; and a
supplemental questionnaire to assess written communication, critical
thinking, problem solving and leadership skills, or other testing instruments
as determined by the Human Resource Director in consultation with the
Police Chief. The Human Resources Director shall determine the weight of
each Assessment Center activity. In no case shall the oral interview count
less than 70% of the total Assessment Center score.
2. The panel of evaluators will consist of the following: at least three external
members consisting of two (2) law enforcement members and one (1) non-
law enforcement and as many City employees as deemed appropriate by
the Director of Human Resources in consultation with the Chief of Police.
C. Chief of Police Review:
1. Sworn SLOPD Staff members will be required to complete a Staff evaluation
form for each candidate. Staff evaluation form will consist of five categories
for each candidate. The categories will be created by the Police Chief (or
designated representative) in consultation with the Director of Human
Resources.
2. There will be four possible scores for each category on the evaluation form.
The last section of the evaluation form will allow for comments on the
following two topics: “Candidates Strengths” “Candidates Weakness(es)”.
Staff evaluation forms are not weighted and are advisory to the Chief of
Police.
Page 777 of 1183
Exhibit “A”
54
3. Subject to the approval of the Police Chief, if supervisor feels they is unable
to conduct an impartial evaluation due to unfamiliarity with a given applicant,
they may opt not to evaluate the candidate but will be required to document
the lack of familiarity on the evaluation form.
4. Sworn personnel of the same or lessor rank will have the opportunity to
participate in the evaluation process on a voluntary basis. Peer evaluation
forms will be the same format as the Staff evaluation forms. The preparer
of the peer evaluation form will be anonymous. Peer evaluation forms are
not weighted and are advisory to the Police Chief.
5. The Police Chief will meet with all department supervisors who are capable
of attending the monthly staff meeting to discuss candidates. All
supervisors in attendance will be allowed to provide input about each
candidate.
6. The Chief shall review the candidate’s personnel files, the completed Staff
evaluation forms, Peer evaluations forms and t ake into consideration
comments provided at the Staff meeting prior to making an appointment.
D. Final Selection.
A. Upon completion of the testing process, the Department of Human Resources shall
tabulate the scores.
B. Candidates will be ranked by total score. Candidates scoring below 70% will be
ranked unqualified and not placed on the eligibility list. Each candidate will be
individually given their score in writing. Candidates who are ranked 1 through 3
(plus one for each additional vacancy if there is more than one vacant position) will
be considered equally qualified for promotion and eligible for appointment by the
Police Chief.
C. Final selection by the Police Chief will be in accordance with the City’s Personnel
Rules and Regulations. The Police Chief will conduct a final selection interview
with the top three candidates (plus one fo r each additional vacancy over one).
Page 778 of 1183
Exhibit “A”
55
D. The eligibility list shall be valid for one year unless extended, in accordance wit h
the City’s Personnel Rules and Regulations. The timing of establishing a new
eligibility list will be subject to the department’s goal of maintaining a current
eligibility list at all times in order to fill projected vacancies.
Page 779 of 1183
Exhibit “A”
56
ARTICLE 31 - PERFORMANCE EVALUATIONS
31.1 All regular full-time employees shall receive an annual written performance
evaluation from their supervisor within thirty (30) days of the employee’s
anniversary date absent exceptional circumstances. All regular full-time
employees shall also receive rotational written performance feedback from their
supervisor, except for those employees that do not rotate supervisors (e.g.
Records Clerks) or employees on special assignments (e.g. DT bikes, CAT).
31.2 The performance evaluation scale consists of the following three categories:
Exceeds Performance Standards, Meets Performance Standards, and Below
Performance Standards. For purposes of uniformity in the performance evaluation
process, the following definitions are provided:
Exceeds Performance Standards: Results show achievements which are valuable
to the organization and are beyond the principal job objectives. Such performance
exceeds what is reasonably expected of an individual in this job classification who
is fully performing the position responsibilities.
Meets Performance Standards: Results show principal job responsibilities are fully
performed as expected from a well-trained and motivated individual.
Below Performance Standards: The individual does not meet position
responsibilities as expected based on job complexity and/or length of tenure in the
position.
31.3 All regular full-time employees shall receive their annual step increase after
completion of the annual written performance evaluation indicating an overall
rating of at least “Meets Performance Standards”. If eligible, the step increase will
be effective on the employee’s anniversary or promotional date. Police Cadets do
not receive written performance evaluations from the City as they are evaluated by
the Academy in which they are enrolled.
Page 780 of 1183
Exhibit “A”
57
31.4 Employees shall have the right to review their personnel file or authorize, in writing,
review by their representative. No adverse material will be placed in an
employee’s personnel file without prior notice and a copy given to the employee.
An employee shall have 30 days within which to file a written response to any
evaluation and/or adverse comment entered in their personnel file. Such written
response shall be attached to, and shall accompany, the adverse comment.
Page 781 of 1183
Exhibit “A”
58
ARTICLE 32 - GRIEVANCE PROCEDURE
32.1 A grievance is defined as an alleged violation, misinterpretation or misapplication
of the Employer-Employee Resolution, the Personnel Rules and Regulations, this
MOA or any existing written policy or procedure relating to wages, hours or other
terms and conditions of employment excluding disciplinary matters. A grievance
filed by an individual employee should be clearly identified as a formal grievance.
This will be accomplished through the use of a formal grievance form (See
Appendix B).
32.2 Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. A formal grievance should
be filed only after the employee has attempted to resolve the disagreement with
their immediate supervisor. As a courtesy, the employee should advise their
supervisor of any intention to file a formal grievance. This action must take place
within 15 business days of the occurrence of the grievance. Employees may be
accompanied by a representative at each step of the process. If a specific action
to be grieved affects several employees, those employees may consolidate their
grievances and be represented.
32.3 Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate
supervisor should discuss the grievance with the supervisor’s immediate
superior. If the matter can be resolved at that level to the satisfaction of the
employee, the grievance shall be considered terminated.
B. If still dissatisfied, the employee may immediately submit the grievance in
writing to the Chief for consideration, stating the facts on which it was based,
including the provision of the rules, regulations, agreement, or written policy
said to be violated, and the proposed remedy. This action must take place
within fifteen business days of the occurrence of the grievance.
Page 782 of 1183
Exhibit “A”
59
32.4 After consideration of a formal grievance, which could include consultation and/or
further discussion, the Chief, within 15 business days of the filing of the formal
grievance, will provide a written response to the employee representatives
advising of their decision. If the employee accepts the Chief’s decision, the
grievance shall be considered terminated.
32.5 If the employee is dissatisfied with the Chief’s decision, the employee may
immediately submit the grievance in writing to the Human Resources Director
within five business days of receiving the Chief’s decision. The Human Resources
Director shall confer with the employee and the Chief and any other interested
parties and shall conduct such other investigations as may be advisable.
32.6 The results or findings of such conferences and investigations shall be submitted
to the City Manager in writing within fifteen business days of receiving the
employee’s written request. The City Manager will meet with the employee if the
employee so desires before rendering a decision with respect to the complaint.
The City Manager’s decision shall be in writing and given to the employee within
fifteen business days of receiving the Human Resources Director’s results and
findings. Such decision shall be final unless the employee requests an appeal of
the decision.
32.7 Hearing Officer – A grievance is appealable, following several preliminary steps,
to a Hearing Officer whose decision shall be final and binding:
A. The employee will have five business days following receipt of the City
Manager’s decision to submit a written request to the Human Resources
Director for review of the decision. The Human Resources Director will obtain
a list of five potential hearing officers from the State Mediation and Conciliation
Service. Then following a random determination of which party (City or
appellant) begins, parties shall alternately strike one name from the list until
only one remains.
Page 783 of 1183
Exhibit “A”
60
B. Within thirty business days the hearing officer shall review the record and
conduct a hearing on the matter. Within ten business days the hearing officer
shall render a decision, which shall be final and binding.
C. Any dispute regarding the eligibility of an issue for the grievance process may
be appealed through the process u ltimately to the Hearing Officer who shall
decide on the eligibility prior to ruling on the merits.
D. Any fees or expenses of the Hearing Officer shall be payable one -half by the
City and one-half by the appellant.
32.8 Provided that implementation processes are correctly followed, amending the
Employer-Employee Resolution or the Personnel Rules and Regulations or
creating new or amended written policies or procedures may not be grieved but
shall first be subject to notice and consultation or meeting and co nferring with the
Association as provided in the Employer–Employee Relations Resolution, MOA
Article 36 “Notice to the Association”, and/or by State Law.
32.9 Disciplinary matters are excluded in Section 32.1. The rules governing disciplinary
matters for employees covered by this MOA are contained in Sections 2.36.320
through 2.36.350 of the Personnel Rules and Regulations of the City of San Luis
Obispo.
Page 784 of 1183
Exhibit “A”
61
ARTICLE 33 - LAYOFFS
33.1 Layoffs shall be governed by job performance and seniority in service within the
department and job classification. For the purpose of implementing this provision,
job performance categories shall be defined as follows:
Category I:
Performance that is Unacceptable or Improvement Needed or Below Performance
Standards.
Performance defined by this category is evidenced by the employee's two most
recent performance evaluations with an overall rating that falls within the lowest
two categories of the performance appraisal report.
Category II:
Performance that Meets Performance Standards, Exceeds Performance
Standards, or is Outstanding.
Performance defined by this category is evidenced by an employee's two most
recent performance evaluations with an overall rating that falls within the top three
performance categories of the performance appraisal.
33.2 A regular employee being laid off shall be that employee with the least seniority in
the particular job classification concerned who is in the lowest job performance
category. Employees in Category I with the lowest seniori ty will be laid off first,
followed by employees in Category II. Should the two performance evaluations
contain overall ratings that are in the two different Categories as defined above,
the third most recent evaluation overall rating shall be used to determine which
performance category the City shall use in determining order of layoffs.
33.3 The parties agree that employees who are laid off pursuant to this Article shall
have reemployment rights prior to the employment of individuals on an open or
Page 785 of 1183
Exhibit “A”
62
promotion list. The employee to be rehired must, at the time of rehire, meet the
minimum qualifications as stated in the appropriate class specifications.
Employees will be rehired on the basis of last out, first in.
Page 786 of 1183
Exhibit “A”
63
ARTICLE 34 - WORK ACTIONS
34.1 The City and the Union understand and agree that participation by members of the
bargaining unit in a strike or a concerted work stoppage presents an imminent
threat to public health or safety and is therefore unlawful. The City and the Union
further understand and agree that the Union will not in any way encourage or
support members of the bargaining unit to hinder, delay, interfere with, nor coerce
employees of the City to hinder, delay, or interfere with, the peaceful performance
of City services by strike, concerted work stoppage, cessation of work, slow-down,
sit-down, stay-away, or unlawful picketing.
The City and the Union further understand and agree that members of the
bargaining unit will not be locked out or prevented by management officials from
performing their assigned duties when such employees are willing to perform such
duties in the customary manner and at a reasonable level of efficiency.
Page 787 of 1183
Exhibit “A”
64
ARTICLE 35 - COMMUNICATION PROCESS
35.1 Conferences
There will be meetings as needed between the Chief of Police and management
member(s) and at least two Association representatives to discuss problems or
other subjects of mutual interest. Minutes of the meeting will be maintained to
reflect topics discussed, actions to be taken, the party responsible for any action
and the expected completion date.
35.2 Quarterly Meetings
Two to four representatives of the Association, the City Manager (or designee),
Chief of Police (or designee), and management representative(s) desi gnated by
the City will meet quarterly if there are issues of concern to the parties. No issues
will be brought to this quarterly meeting without first having been discussed with
the Chief of Police at a previous conference.
Page 788 of 1183
Exhibit “A”
65
ARTICLE 36 - NOTICE TO THE ASSOCIATION
Prior to making changes directly and primarily relating to matters within the scope of
representation, the City shall give the Association advance notice and the opportunity to
meet and confer with City representatives prior to making the change(s).
Page 789 of 1183
Exhibit “A”
66
ARTICLE 37 - EQUIPMENT
A. The City agrees to provide each sworn employee of the Association a n accumold
basket weave duty gun belt as their primary duty gun belt. Upon request, the City
also agrees to provide each sworn employee of the Association a smo oth nylon
utility belt and related accessories. The smooth nylon utility belt will only be worn
as directed by the Chief of Police. The nylon basket weave duty gun belt and nylon
smooth utility belt will become the property of the employee and the employ ee
agrees to maintain these pieces of equipment.
The accumold utility belt will consist of a belt, handcuff case, chemical spray
holder, chemical spray, baton holder (to fit the baton carried by the employee),
taser holster (to fit the taser used by the department), magazine case (to fit the
magazines carried by the employee), holster (to fit the weapon carried by the
employee), radio holder (to fit the radio carried by the employee), and four belt
keepers. Any other accessories will be the responsibility of the employee.
B. All appropriate classifications shall be issued A-Level IIIA Ballistic Helmet with riot
face shield fixed.
C. All appropriate classification shall be issued a chemical protective breathing mask
fitted with belt mounted carrying bag. All protective masks shall be in compliance
with CalOSHA minimum standards including employee training.
D. Non-sworn employees not subject to assignments necessitating helmets/chemical
masks will not have them issued.
E. All appropriate classifications shall be issued a Stream Light model SL–20 or
technologically similar rechargeable flashlight with 12V/120V charging systems.
F. Patrol rifle fitted with a sling and stock mounted weapon light.
G. Each marked police unit assigned to unit members shall be equipped with a 40mm
Less Lethal Kinetic Energy Impact Munition Launcher fitted with a sling.
Page 790 of 1183
Exhibit “A”
67
Notwithstanding the above, the City retains the right to select the specific
equipment necessary to fulfill its obligation to provide necessary and appropriate
safety equipment.
H. All department owned firearms and personally owned primary duty firearms are to
be subject to annual inspection by a certified department armorer or independent
Gun Smith. The certified department armorer or independent Gun Smith shall
provide an inspection report for each firearm inspected. Firearms with noted
defects, wear and tear, or questionable serviceability shall be replaced and not
returned to service.
Page 791 of 1183
Exhibit “A”
68
ARTICLE 38 - TEMPORARY MODIFIED DUTY
The City and the Association have met and conferred on a modified duty/return to work
policy, which is established by mutual agreement as Police Department Lexipol Policy
#1052.
Page 792 of 1183
Exhibit “A”
69
ARTICLE 39 - WORK SCHEDULES
39.1 Patrol 3/12 Work Plan
A. In an effort to improve scheduling, the Chief of Police implemented a 3/12 Work
Hour Plan.
B. The basic work pattern for sworn officers on patrol shall be three 12 -hour days
each week, plus assigned pay back. Swing shift officers shall be assigned to
work a 4/10 shift. Employees will normally be assigned to work 160 hours in a
28-day work cycle. In addition, employees who attend shall be compensated
for briefing time.
C. If an employee does not work the full 160 hours in a 28-day work cycle, the City
shall deduct the unworked hours from an employee’s accrued holiday or
vacation balances, unless the unworked hours result for reasons of excused
paid absence or because the City did not assign a pay-back shift.
39.2 Shift Adjustment
Management and the POA reaffirm that scheduling is a management
responsibility. However, in the matter of shift adjustment policies, it is agreed that
the following guidelines will be followed:
A. In any situation necessitating a shift adjustment, volunteers will first be sought.
B. Shift adjustments will not be for more than two hours.
C. Shift adjustments for special units or assignments are not covered by this
guideline and remain the discretion of the Unit Supervisor or Bureau
Commander.
D. Whenever volunteers cannot be located, Officers assigned will be chosen
sequentially by seniority.
E. Generally, no more than two Officers per shift should be ordered to adjust
unless a specific event necessitates it.
Page 793 of 1183
Exhibit “A”
70
F. At least 14 days’ notice will normally be given, but in no event will less than
seven days’ notice be given, for an ordered shift adjustment.
G. An Officer authorized to shift adjust will not suffer loss of briefing pay or other
normal benefit.
H. Officers will be given at least ten hours between shifts for ordered non -
emergency shift adjustments.
I. Shift adjustments will not be ordered to deal with court or shift continuation
unless it is necessary to insure the Officer has adequate rest. If court or another
assignment prevents an Officer from getting proper rest between shifts, the
Officer and the Watch Commander may arrange a shift adjustment to meet this
need. With approval, the Officer could opt to use adjusted court time towards
normal work hours instead of overtime, or to adjust shift start time up to four
hours. In cases where the Watch Commander determines an adjustment is
warranted but does not have sufficient manpower, they are authorized to bring
in a replacement (on O/T) for up to four hours.
J. Shift adjustments will not be limited by day or time except as articulated above.
K. It is noted that either party may reopen these issues at the time of con tract
renewal.
39.3 Communications Technician 3/12 Work Schedule
I. SHIFT ASSIGNMENTS:
A. Work shift assignments will consist of Day Watch and Day Watch relief, 0700
hours-1900 hours, Night Watch and Night Watch relief, 1900 hours-0700 hours
(with the exception of shift adjustments as defined in Section VI).
B. The work schedule is defined as eighty (80) hours during a fourteen (14) day
schedule. The eighty-hour work period shall consist of a total of six (6) twelve
(12) hour shifts with one eight (8) hour payback shift. Days off shall be in
conjunction with the employee’s work schedule and not split unless there is
Page 794 of 1183
Exhibit “A”
71
consent by the employee. Example: Week one, M, T, W, week two, M, T, W,
TH (8 Hour Payback.)
C. Paybacks shall be scheduled for eight (8) hours during the employee’s normal
work hours in conjunction with workdays by seniority.
D. Every employee shall sign up for a relief shift before another employee is
assigned to work a second relief shift.
1. The day watch relief will be assigned to cover absences for
Communications Technicians on day watch and the night watch relief
will be assigned to cover absences for Communications Technicians on
night watch. Relief will only be assigned to cover the opposite shift by
seniority (e.g. day covers for night) when staffing vacancies exist or
when necessitated by special events or circumstances (e.g. Mardi
Gras). Permanent and temporary shift vacancies may be staffed by
reassignment of the relief shift with seven (7) days prior notice or by
voluntary agreement.
2. Relief will not be scheduled to work a shift in the middle of days off.
Example: Week one, M, T, W, off, F, off, off.
3. Relief will have at least two (2) days off in between work weeks.
Example: M, T, W, T, off, off, S, M, T.
4. Communications Technicians assigned to relief dispatch work
schedules shall be compensated for hardship duties by receiving five
(5%) percent additional salary while assigned.
II. SHIFT SIGN UP:
A. The Communications Manager will post the annual shift and leave sign up
schedule by September 15th each year for the following year. Communication
Technicians sign up for shift selection, selected days of f, vacation,
compensatory time off (CTO) and holiday time.
Page 795 of 1183
Exhibit “A”
72
B. Employees will sign up by seniority for their choice of shifts, payback hours,
and leave hours for each of the three annual rotations. Shift selection will be by
seniority, including relief shift.
C. Employees shall have three days (72 hrs) from the date of receipt of the
schedule to make their selection for work shifts, days off and annual vacation
accrual. Employees are entitled to sign up for the total of their annual accrual
of vacation time utilizing coding “V".
1. Communications Technicians will sign-up for “V” days with the
expectation that the center is fully staffed and the relief from that watch
is available to cover. Communication Technicians may not sign up for
vacation time during the initial sign-up if it will incur overtime. First draft
vacation requests shall be approved with mandatory overtime in the
event of unit vacancies after the master schedule is completed.
D. Once all unit employees have had the opportunity to sign up for their ma ximum
accrual of vacation time, they shall be entitled to again sign up by seniority for
all accrued compensatory time off (CTO), holiday hours and previously
unselected leave time they will have accumulated by the date requested.
Compensatory time off shall be coded “CTO", holiday leave and all other
previously unselected leave time shall be coded “H".
1. Second draft CTO, holiday and previously unselected leave time may
be granted and overtime considered for unit vacancies. Overtime will
be posted to accommodate such leave requests. Should the overtime
remain unfilled, the requested leave time shall be cancelled.
2. In the event that scheduled CTO time is cancelled, the affected
employee shall be paid for the CTO hours scheduled, work the shift and
be compensated with overtime as defined in Section 11.3.
E. The Communications Manager shall approve leave time by seniority and post
same on the electronic schedule by the start of each rotation.
Page 796 of 1183
Exhibit “A”
73
F. Employees generally will not be allowed to work more than two consecuti ve
shift assignments without rotation to an alternate shift. The Communications
Manager may consider requests to work more than two consecutive rotations
for hardship and educational purposes. In no case will a senior employee be
adjusted from shift preference without their consent to mitigate requested
hardship or educational requests.
1. Any request for a change or deviation between employees (i.e. shift
rotation trade) must be submitted in memo form signed by both affected
employees within one week of posting the tentative schedule. Requests
will be forwarded through the chain-of-command for a final decision by
the Bureau Commander or designee. If approved, affected employees
will also trade seniority for selection of days off. For scheduling
purposes, the shift change will affect only the two employees involved.
Affected employees will receive credit for the shift they signed up for.
III. SHIFT REASSIGNMENT CREATED BY UNDER STAFFING:
A. If an employee is reassigned to a long-term vacancy and the absent employee
returns to duty, both employees shall return to their originally selected shift.
B. In the event of a staffing vacancy the reassigned employee who was
reassigned shall have the option of returning to their originally selected shift or
remaining for the duration of the designated shift once the vacancy is filled.
C. In the event an employee is reassigned from a selected shift to a designated
shift, the employee may elect to receive work credit for either shift to meet
rotation requirements.
IV. SHIFT TRADE:
A. All requests for shift trades between employees shall be submitted utilizing the
Substitute Work Agreement form. Requests will be approved by a Bureau
Commander or designee.
V. LEAVE TIME CANCELLATION:
Page 797 of 1183
Exhibit “A”
74
B. In the event an employee opts to cancel scheduled time off, they will by email
notify the Communication Manager. The Communication Manager will by
email, notify all unit members of the available cancelled leave time. By seniority,
employee’s junior to the employee canceling leave time may request time off
utilizing the cancelled dates. If the cancelled time was priority signup, the
department shall grant such time off with the same consideration as originally
scheduled as outlined in II. C., as long as the employee has the vacation time
and does not exceed their annual allotment. If the cancelled leave time was
secondary signup, the overtime consideration articulated in II. D. shall be
applied.
VI. SHIFT ADJUSTMENTS:
A. Shift adjustments on a regular scheduled day required to staff Communication
Technician vacancies or sick leave will not exceed four (4) hours without the
consent of the affected employee. When shift adjustments are required, there
shall be a minimum of ten (10) hours between shifts without loss of
compensation.
B. In any situation necessitating a shift adjustment, volunteers will first be sought.
Whenever volunteers cannot be located, employees will be chosen
sequentially by seniority.
1. At least fourteen (14) days’ notice will be given on planned leave.
2. An employee authorized to shift adjust will not suff er loss of briefing pay
or other normal benefit.
C. The Communication Manager and/or Supervisors shall notify employees via
email of all changes made to their work schedule at the time said change is
made.
VII. MEAL AND REST PERIODS:
A. Meal periods shall consist of not less than thirty (30) minutes paid subject to
interruption, as staffing permits. Two fifteen (15) minute rest periods (breaks)
Page 798 of 1183
Exhibit “A”
75
shall be provided, as staffing permits. Breaks may be taken using any
combination of the total time allowed. Meal and rest periods (breaks) are
subject to interruption and must be taken within the building.
39.4 Field Service Technicians assigned primarily to field duties will receive a 30-minute
paid lunch break as part of their regular shift as staffing and calls permit. They will
remain subject to call and interruption during their lunch period.
39.5 Investigations – Division Work Schedule
A. Investigators may participate in a 4/10 work schedule in accordance with the
City’s alternate work schedule policy. The schedule will include a 30 minute
paid lunch as part of their regular shift as staffing and calls permit. Investigators
will remain subject to call and interruption during their lunch period.
B. The Investigative Lieutenant will determine the work days and hours for those
employees who work the 4/10 schedule based on the coverage needs of the
entire unit. The schedule may include shifts beginning at 6:45 a.m. with
attendance at patrol briefings. Investigators who attend patrol or other daily
briefings shall do so as part of their regular shift hours.
39.6 Other division/assignments may be provided alternate work schedules under the
following language:
Employees may request that the Department Head or their designee consider
alternate work schedules. Examples of alternate work schedules include 4/10
schedules, 9/80 schedules, 12-hour schedules, flexible schedules, etc. Alternate
schedules may provide for paid or unpaid lunch periods of 30, 45 or 60 minutes .
Except in cases of emergency, employees will be provided advance notice of at
least thirty calendar days prior to having an alternate work schedule discontinued.
Such notice does not apply to moving between alternate schedules, temporary
Page 799 of 1183
Exhibit “A”
76
schedule changes, flexible schedules, etc. If an alternate schedule is
discontinued, the Department will notify the Association of the reason(s) for ending
the schedule.
Employees on flexible/alternate schedules shall continue to accrue time on the
standard eight (8) hour day. Accrued leave shall be charged based on the number
of hours missed due to a flexible schedule.
Flexible/alternate schedules implemented for non-sworn employee(s) may have a
different FLSA seven (7) day work cycle established. Once established, the FLSA
work schedule shall not be changed on a frequent or routine basis.
Page 800 of 1183
Exhibit “A”
77
ARTICLE 40 - SWAT OPERATOR LUCA BENEDETTI FITNESS INCENTIVE
SWAT team members are required to maintain a higher standard of physical fitness than
the normal employee. The City will reimburse each SWAT team member who purchases
personal exercise equipment or who voluntarily joins a physical fitness gym for the cost
of the membership and monthly charges up to a maximum fiscal year amount of $575 per
member. To request reimbursement, the SWAT team member completes a memo
requesting the reimbursement, attaches the receipt, and submits the documentation to
the SWAT Team Command for approval. That memo is then forwarded to the Department
Fiscal Officer and to Finance for processing. A purchase that meets the criteria to be
eligible for reimbursement and is above the annual reimbursement limit, may be
submitted in up to two additional consecutive years.
Page 801 of 1183
Exhibit “A”
78
ARTICLE 41 - TRAUMATIC INCIDENTS
Employees involved in a traumatic critical incident as defined by Department Policy,
where the employee may be subject to investigation, shall be adv ised of their right to
representation.
Page 802 of 1183
Exhibit “A”
79
ARTICLE 42 - NO DISCRIMINATION
42.1 There shall be no discrimination by the City of San Luis Obispo in employment
conditions or treatment of employees on the basis of race, religion, sex (including
gender, gender identity, gender expression, transgender, pregnancy and
breastfeeding), national origin, ancestry, disability, medical condition, genetic
characteristics or information, marital status, age (40 years and older), or sexual
orientation (including homosexuality, bisexuality, or heterosexuality), military or
veteran status, denial of family and medical care leave, association membership
or non-membership, or participation in the activities of the Association.
42.2 There shall be no discrimination by the San Luis Obispo Police Officers Association
in treatment of employees on the basis of race, religion, sex (including gender,
gender identity, gender expression, transgender, pregnancy and breastfeeding),
national origin, ancestry, disability, medical condition, genetic characteristics or
information, marital status, age (40 years and older), or sexual orientation
(including homosexuality, bisexuality, or heterosexuality), military or veteran
status, denial of family and medical care leave, a ssociation membership or non-
membership, or participation in the activities of the Association.
Page 803 of 1183
Exhibit “A”
80
ARTICLE 43 - STAFFING
The current number of positions in the Police Department represented by the Association
is Forty-Six (46) Police Officers, Eleven (11) Communication Technicians, Two (2) Police
Field Service Technicians, Five (5) Police Records Clerks, One (1) Property and Evidence
Technician, One (1) Lead Property and Evidence Technician, and One (1) Evidence
Technician. If it becomes necessary for the City to exercise its management right to
change those staffing levels, the City acknowledges its responsibility to meet and confer
with the Association on the impacts of any such changes.
Page 804 of 1183
Exhibit “A”
81
ARTICLE 44 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agre ement between the City
and the Association except as specifically referred to in this Agreement. The parties, for
the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to
meet and confer with respect to any terms and conditions of employment specifically
referred to or covered in this Agreement. If, during the term of this Agreement, the City
proposes changes to terms and conditions of employment not covered by this Agreement
and/or introduces new terms and conditions of employment that fall within the statutory
scope of bargaining, the Association will be afforded written notice of such proposed
changes and the right to meet and confer upon request prior to implementation of the
proposed changes.
Page 805 of 1183
Exhibit “A”
82
ARTICLE 45 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any
court of competent jurisdiction, or if compliance with or enforcement of any provision
should be restrained by any tribunal, the remainder of this Agreement shall not be affected
thereby, and the parties shall enter into a meet and confer session for the sole purpose
of arriving at a mutually satisfactory replacement for such provision within a 30 -day work
period. If no agreement has been reached, the parties agr ee to invoke the provision of
impasse under Resolution 6620.
Page 806 of 1183
Exhibit “A”
83
ARTICLE 46 - RENEGOTIATIONS
If either party wishes to make changes to this Agreement, that party shall serve upon the
other its written request to negotiate. Such notice and proposals must be submitted to
the other party not less than 105 days prior to the end of the Agreement. If notice is
properly and timely given, negotiations shall commence no later than 90 days prior to the
end of the Agreement.
Page 807 of 1183
Exhibit “A”
84
ARTICLE 47 - TERM OF AGREEMENT
This Agreement shall become effective July 1, 2021, and shall continue in full force and
effect until expiration at midnight, June 30, 2024.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are
shown in Appendix “A”.
2. This Agreement does not apply to supplemental employees. This Agreement
was executed by the following parties:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
POLICE OFFICERS’ ASSOCIATION
_________________________________ ________________________________
Richard Bolanos, Chief Negotiator Stuart D. Adams, Chief Negotiator
_________________________________ ________________________________
Nickole Domini, Interim HR Director Chris Chitty, SLOPOA President
Page 808 of 1183
Exhibit “A”
85
APPENDIX A - CLASSIFICATION
Non-Sworn Classifications
Communications Technician
Evidence Technician*
Lead Property and Evidence Technician*
Police Field Service Technician*
Police Cadet
Police Records Clerk I*
Police Records Clerk II*
Property and Evidence Technician*
* Denotes Non-Shift classifications
Sworn Classifications
Police Officer
Page 809 of 1183
Exhibit “A”
86
APPENDIX B - GRIEVANCE FORMS
Page 810 of 1183
Exhibit “A”
87
Page 811 of 1183
Exhibit “A”
88
APPENDIX C – SALARY RANGE LISTING
Salary Range Listing - July 2021 - June 2024
JULY 2021
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Communications Technician 2,515$ 2,647$ 2,786$ 2,933$ 3,087$ 3,249$ 3,420$
Evidence Technician 3,292$ 3,465$ 3,647$ 3,839$ 4,041$ 4,254$ 4,478$
Lead Property and Evidence Technician 2,500$ 2,632$ 2,771$ 2,917$ 3,071$ 3,233$ 3,403$
Police Cadet 3,024$
Police Field Service Technician 2,405$ 2,532$ 2,665$ 2,805$ 2,953$ 3,108$ 3,272$
Police Officer 3,360$ 3,537$ 3,723$ 3,919$ 4,125$ 4,342$ 4,571$
Police Records Clerk I 1,850$ 1,947$ 2,049$ 2,157$ 2,271$ 2,390$ 2,516$
Police Records Clerk II 2,049$ 2,157$ 2,271$ 2,391$ 2,517$ 2,649$ 2,788$
Property and Evidence Technician 2,280$ 2,400$ 2,526$ 2,659$ 2,799$ 2,946$ 3,101$
JULY 2022
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Communications Technician 2,639$ 2,778$ 2,924$ 3,078$ 3,240$ 3,411$ 3,591$
Evidence Technician 3,457$ 3,639$ 3,830$ 4,032$ 4,244$ 4,467$ 4,702$
Lead Property and Evidence Technician 2,627$ 2,765$ 2,910$ 3,063$ 3,224$ 3,394$ 3,573$
Police Cadet 3,175$
Police Field Service Technician 2,526$ 2,659$ 2,799$ 2,946$ 3,101$ 3,264$ 3,436$
Police Officer 3,528$ 3,714$ 3,909$ 4,115$ 4,332$ 4,560$ 4,800$
Police Records Clerk I 1,943$ 2,045$ 2,153$ 2,266$ 2,385$ 2,510$ 2,642$
Police Records Clerk II 2,153$ 2,266$ 2,385$ 2,510$ 2,642$ 2,781$ 2,927$
Property and Evidence Technician 2,392$ 2,518$ 2,651$ 2,791$ 2,938$ 3,093$ 3,256$
JULY 2023
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Communications Technician 2,771$ 2,917$ 3,071$ 3,233$ 3,403$ 3,582$ 3,771$
Evidence Technician 3,629$ 3,820$ 4,021$ 4,233$ 4,456$ 4,690$ 4,937$
Lead Property and Evidence Technician 2,758$ 2,903$ 3,056$ 3,217$ 3,386$ 3,564$ 3,752$
Police Cadet 3,334$
Police Field Service Technician 2,652$ 2,792$ 2,939$ 3,094$ 3,257$ 3,428$ 3,608$
Police Officer 3,706$ 3,901$ 4,106$ 4,322$ 4,549$ 4,788$ 5,040$
Police Records Clerk I 2,039$ 2,146$ 2,259$ 2,378$ 2,503$ 2,635$ 2,774$
Police Records Clerk II 2,258$ 2,377$ 2,502$ 2,634$ 2,773$ 2,919$ 3,073$
Property and Evidence Technician 2,514$ 2,646$ 2,785$ 2,932$ 3,086$ 3,248$ 3,419$
Summary of Changes: 5% increase for all classifications. Eliminate Step 1 and Step 2 of
Police Officer, Step 3 becomes the new Step 1. Move to one step for Police Cadet that is 10%
under Step 1 of Police Officer
Summary of Changes: 5% increase for all classifications
Summary of Changes: 5% increase for all classifications
Page 812 of 1183
R ______
RESOLUTION NO. _______ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING MANAGEMENT COMPENSATION
FOR APPOINTED OFFICIALS, DEPARTMENT HEADS, AND
MANAGEMENT EMPLOYEES AND SUPERSEDING PREVIOUS
RESOLUTIONS IN CONFLICT
WHEREAS, the unrepresented management employees (Appointed Officials,
Department Heads, and Management Employees) of the City of San Luis Obispo have
remained committed to providing high quality service to the community; and
WHEREAS, the City Council is committed to providing competitive compensation
as provided in the City’s adopted Compensation Philosophy.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo
hereby revises unrepresented management compensation as follows:
SECTION 1. The City agrees to increase the salaries of unrepresented
management employees with a 3% cost of living adjustment (COLA) effective the first full
pay period of July 2021.
SECTION 2. The City agrees to complete a benchmark compensation study by
February 28, 2022 which will inform competitiveness in the market and frame the next round
of conversations with the unrepresented management group.
SECTION 3. The City shall continue to provide employees certain fringe benefits
as set forth in Exhibit “A”, fully incorporated by reference.
SECTION 3. The Director of Finance shall adjust the appropriate accounts to reflect
the compensation changes.
SECTION 4. This resolution shall be in effect from July 20, 2021 through June 30,
2022.
Page 813 of 1183
Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 5. Amendments to compensation for unrepresented management
employees do not constitute a “Project” under CEQA Guidelines Sec. 15378.
Upon motion of Council Member ___________________________, seconded by
Council Member ________________________, and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of __________ 2021.
_____________________________
Mayor Heidi Harmon
ATTEST:
__________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
_____________________________
Teresa Purrington
City Clerk
Page 814 of 1183
EXHIBIT “A”
Table of Contents
Section A Medical, Dental, Vision ............................................................................................. 1
Section B Health Flex Allowance .............................................................................................. 2
Section C Life and Disability Insurance .................................................................................... 3
Section D Retirement .................................................................................................................. 3
Section E Supplemental Retirement ......................................................................................... 5
Section F Pay for Performance ............................................................................................... 65
Section G Vacation ...................................................................................................................... 6
Section H Administrative Leave ................................................................................................. 7
Section I Holidays ...................................................................................................................... 8
Section J Sick Leave .................................................................................................................. 9
Section K Workers’ Compensation Leave ............................................................................. 10
Section L Work Out-of-Classification ..................................................................................... 10
Section M Temporary Assignment .......................................................................................... 10
Section N Vehicle Assignment ............................................................................................. 1110
Section O Uniform Allowance .................................................................................................. 11
Section P Appointed Officials .................................................................................................. 11
Page 815 of 1183
EXHIBIT “A”
Page 1
Section A Medical, Dental, Vision
The City shall establish and maintain medical, dental and vision insurance plans for
appointed officials, department heads, and management employees and their
dependents. The City reserves the right to choose the method of insuring and plans to
be offered.
PERS Health Benefit Program
The City has elected to participate in the California Public Employees’ Retirement System
(CalPERS) Health Benefit Program. The City shall contribute an equal amount towards
the cost of medical coverage under the Public Employee’s Medical and Hospital Care Act
(PEMHCA) for both active employees and retirees. The City’s contribution toward
coverage under PEMHCA shall be the statutory minimum contribution amount
established by CalPERS on an annual basis. The City's contribution will come out of that
amount the City currently contributes to employees as part of the City’s Section 125 Plan
“Cafeteria Plan”. The cost of the City's participation in CalPERS will not require the City
to expend additional funds toward health insurance. In summary, this cost and any
increases will be borne by the employees.
Health Insurance Benefits for Domestic Partners
The City has adopted a resolution electing to provide health insurance benefits to
domestic partners (Section 22873 of the PEMHCA).
Conditional Opt Out
In order to receive the conditional opt-out incentive, employees will be required to
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) upon initial enrollment and
annually thereafter. Employees are required to certify that they are not enrolled in an
individual plan or in a medial plan offered under a federal marketplace or a state exchange
plan.
Employees who, at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minim um essential coverage for
themselves and their qualified dependents (tax family) that is not a qualified health plan
coverage under an exchange/marketplace or an individual plan, will be allowed to waive
medical coverage for themselves and their qualified dependents (tax family).
The monthly conditional opt-out incentives are:
Opt Out $200
“GrandfatheredLegacy” Opt Out $790 (hired before September 1, 2008)
The conditional opt-out incentive shall be paid in cash (taxable income) to the employee.
The employee must notify the City within 30 days of the loss of other minimum essential
coverage. The conditional opt-out payment shall no longer be payable, if the employee
and family members cease to be enrolled in other minimum essential coverage.
Employees receiving the conditional opt-out amount will also be assessed $16.00 per
month to be placed in the Retiree Health Insurance Account. This account will be used
Page 816 of 1183
EXHIBIT “A”
Page 2
to fund the City's contribution toward retiree premiums and the City's costs for the Public
Employee's Contingency Reserve Fund and the Administrative Costs. However, there is
no requirement that these funds be used exclusively for this purpose nor any guarantee
that they will be sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
Dental and Vision Insurance/Dependent Coverage
Employee participation in the City's dental and vision plans is optional. Employees who
elect coverage shall pay the dental and/or eye premium by payroll deductions o n a pre-
tax basis through the City’s Cafeteria Plan.
Section B Health Flex Allowance
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase such
coverage through the City’s Cafeteria Plan. If the health flex allowance is less than the
cost of the medical plan, the employee shall have the opportunity to pay the difference
between the health flex allowance and the premium cost on a pre -tax basis through the
City’s Cafeteria Plan. If the premium cost for medical coverage is less than the health
flex allowance, the employee shall not receive any unused health flex in the form of cash
or purchase additional benefits under the Cafeteria Plan.
The current monthly health flex allowance amount for regular, full -time employees is
outlined below:
Level of Coverage
2018 2021 Monthly
Health Flex
Allowance Rates
Employee Only $59339
Employee Only
“GrandfatheredLegacy” $790
Employee Plus One $1,066173
Family $1,442588
Employees hired prior to September 1, 2008 that are grandfathered in andthat elect
employee only medical coverage will receive the health flex allowance listed above for
employee only “grandfatheredlegacy” coverage. As of January 1, 2015, if an employee
that is receiving Employee Only or Opt Out “Grandfatheredlegacy” coverage changes
their level of coverage, they will be eligible to return to the grandfathered “legacy”
coverage in a future year. If the premium cost for medical coverage is less than the health
flex allowance, the employee shall no longer receive any unused health flex in the form
of cash.
Page 817 of 1183
EXHIBIT “A”
Page 3
Effective in January 2022December 2018 (for the January 2019 premium), December
2019 (for the January 2020 premium), and December 2020 (for the January 2021
premium), the City’s total health flex allowance for group medical coverage shall be
modified by an amount equal to one-half of the average percentage increase for family
coverage in the PERS health plans available in San Luis Obispo County. For example:
if three plans were available and the year-to-year changes were +10%, +15%, and +20%,
and -6% respectively, the City’s contribution would be increased by 47.5% (10% + 2015%
+ -620% ÷ 3 = 158% x 1/2).
Less than full-time employees shall receive a prorated share of the City’s contribution.
The City agrees to continue its contribution to the health flex allowance for two (2) pay
periods in the event that an employee has exhausted all paid time off and leave approved
under the federal Family and Medical Leave Act (FMLA) and the California Family Rights
Act (CFRA) due to an employee's catastrophic illness. That is, the employee shall receive
regular City health flex allowance for the first two (2) pay periods following the pay period in
which the employee’s accrued leave balances reach zero (0) and FMLA/CFRA benefits
have been exhausted.
Section C Life and Disability Insurance
The City shall provide the following special insurance benefits in recognitio n of
management responsibilities:
1. Long-term disability insurance providing 66 2/3% of gross salary (maximum
benefit $11,250 per month) to age 65 for any sickness or accident, subject to
the exclusions in the long-term disability policy, after a 30-day waiting period.
2. In addition to $4,000 term life insurance purchased by the employee, the City
provides a $100,000 term life insurance including accidental death and
dismemberment through the City’s Cafeteria Plan.
Section D Retirement
A. PERS Contracts
1. “Classic Members First Tier” non-sworn and sworn employees hired before
December 6, 2012.
The City agrees to provide the Public Employees' Retirement System’s (PERS)
2.7% at age 55 plan to all non -sworn employees and the 3% at 50 plan to all
sworn employees. The 2.7% at 55 plan includes the following amendments:
1959 Survivor’s Benefit – Level Four, conversion of unused sick leave to
additional retirement credit, one-year final compensation, Military Service
Credit, and Pre-Retirement Optional Settlement 2 Death Benefit. The 3% at
age 50 plan includes the following amendments: Post-Retirement Survivor
Allowance, conversion of unused sick leave credit to additional retirement
Page 818 of 1183
EXHIBIT “A”
Page 4
credit, 1959 Survivor’s Benefit- Level Four, one-year final compensation,
Military Service Credit, and Pre-Retirement Optional Settlement 2 Death
Benefit.
2. “Classic Members Second Tier” non-sworn and sworn employees hired on or
after December 6, 2012.
The City agrees to provide the PERS 2% at 60 plan for non-sworn employees
using the highest three-year average as final compensation. The second-tier
formula for non-sworn employees will include the following amendments: 1959
Survivor’s Benefit – Level Four, conversion of unused sick leave to additional
retirement credit, Military Service Credit, and Pre-Retirement Optional
Settlement 2 Death Benefit. Employees hired under this plan will pay the full
member contribution required under the plan, presently seven percent (7%).
For sworn “Classic Members” hired on or after December 6, 2012, the City will
provide the PERS 3% at 55 plan for sworn Fire employees and 2% at 50 plan
for sworn Police employees using the highest three -year average as final
compensation. The second-tier formula for sworn employees will include the
following amendments: Post Retirement Survivor Allowance, conversion of
unused sick leave to additional retirement credit, the 1959 Survivor’s Benefit –
Level Four, Military Service Credit, and Pre-Retirement Optional Settlement 2
Death Benefit.
3. “New Members Third Tier” non-sworn and sworn employees hired after
January 1, 2013. PERS determines who are “New Members” within the
meaning of the California Public Employees’ Pension Reform Act (PEPRA).
The City will provide the PERS 2% at 62 plan for non -sworn employees and
2.7% at 57 plan for sworn employees, using the highest three-year average as
final compensation.
B. Member Contributions
1. “Classic Members First and Second Tier”
Effective the first pay period in January 2012, employees began paying the full
member contribution required under the plan for first and second tier sworn
(9%) and non-sworn (8% and 7% respectively) employees and the City
discontinued their payment of the member contribution. For purposes of this
Section, employee contributions are based on salary and special compensation
as defined by PERS.
Effective the first full pay period in July 2019, all non -sworn and sworn
employees shall contribute 1.5% in addit ion to the employee contribution
defined in the paragraph above. Effective the first full pay period in July 2020,
all non-sworn and sworn employees’ additional contribution shall increase to
Page 819 of 1183
EXHIBIT “A”
Page 5
3%, in addition to the employee contribution defined in the para graph above.
These additional contributions are in accordance to the provisions of AB 340,
§7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
2. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the normal cost,
as determined by PERS.
Effective the first full pay period in July 2019, all non -sworn and sworn new
members shall contribute 1.5% in addition to the employee paying 50% of the
normal cost. Effective the first full pay period in July 2020, all non -sworn and
sworn new members contribution shall increase to 3%, in addition to the
employee paying 50% of the normal cost. These additional contributions are
in accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
C. Contract Amendment with PERS
The City will submit a contract amendment to PERS requesting the employee
contributions effective July 2019 and 2020 (1.5% and 3% respectively) be considered
contributions to the employees account. PERS currently requires a secret ballot
election among the employees affected to change the employees’ rate of contribution.
The contract cannot be amended if a majority of the affected members vote to
disapprove the proposed plan. In the event a secret ballot is required by State Law
and the unrepresented management group does not vote t o approve the contract
amendment, the additional contributions will still be required in accordance to the
provisions of §20516(f). In this case the additional contributions would not be credited
to the employee’s PERS account as a normal contribution.
Section E Supplemental Retirement
The City shall contribute 1% of salary for management employees and 2% of salary for
department heads to a defined contribution supplemental retirement plan established in
accordance with sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 and
California Government Code sections 53215-53224.
Effective the first full pay period in August 2018, the City shall discontinue a 1%
contribution of salary for management employees and the City contribution will decrease
from 2% to 1% for department heads to a defined contribution supplemental retirement
plan.
Page 820 of 1183
EXHIBIT “A”
Page 6
Section F Pay for Performance
In 1996 the City Council established the Management Pay for Performance System for
department heads and management employees. The system is designed to recognize and
reward excellent performance by department heads and managers and to provide an
incentive for continuous improvement and sustained high performance. Instead of step
increases, the department heads and management employees moves through his/hertheir
salary range solely according to accomplishment of objectives and job -related behavior.
Further information about the Management Pay for Performance System is found in the
Management Pay for Performance System Guide.
Section G Vacation
Vacation leave is governed by Section 2.36.440 of the Municipal Code, except that it may
be taken after the completion of the sixth calendar month of service since from the benefit
date or earlier with department head or designee authorization. Each employee shall
accrue vacation leave with the pay at the following rates:
Management Employees
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 12 days 96 hours
5 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
Appointed Officials & Department Heads
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
*One day is equivalent to eight (8) hours for a 40 -hour per week line-item position.
Vacation leave shall be accrued as earned semi-monthlybiweekly provided that not more
than twice the annual rate (not including floating holiday leave) may be carried over to a
new calendar year. Effective the first full pay period in April 2019, mManagement
employees vacation time shall not exceed twice the annual rate. If an employee reaches
the cap at any time throughout the year, the employee will stop accruing vacation leave.
Page 821 of 1183
EXHIBIT “A”
Page 7
The City Manager may, within two years of appointing a department head, increase the
rate of vacation accrual to a maximum of 120 hou rs per year. Vacation schedules for
management employees shall be based upon the needs of the City and then, insofar as
possible, upon the wishes of the employee.
Appointed officials, department Heads and management employees are eligible, once
annually in December, to request payment for up to 40 hours of unused vacation leave
provided that an employee’s overall performance and attendance practices are
satisfactory. If an employee reaches the annual accrual cap before December and is
eligible for cash out as defined above, the employee will be able to request vacation payment
one additional time during the calendar year, in addition to the December cash out.
However, no more than 40 hours of unused vacation leave will be paid out in any calendar
year. Employees must have eighty (80) hours of accrued vacation leave to be eligible for
cash out in December. Upon request, vacation sellback payments shall be made by
separate check. Payment for unused vacation leave is subject to the availability of
budgeted funds.
To recognize the unprecedented year due to the COVID-19 pandemic, department heads
and management employees will be able to request payment for an additional 40 hours
of unused vacation, for a total of 80 hours in the 2021 calendar year. If an employee
reaches the annual accrual cap before December 2021, the employee will be able to
request vacation payment of one additional time during the calendar year, in addition to
the December cash out. However, no more than 80 hours of unused vacation leave will
be paid out in the 2021 calendar year.
Employees that are above the vacation cap as of Pay Period 4/4/19-4/17/19 because they
have not been able to take vacation due to the press of City business, will be eligible to
request a cash out equal to the number of hours they are over the vacation cap, up to a
maximum of 40 hours. This one-time cash out, paid on the 4/25/19 pay check, will not be
considered towards the annual cash out provision provided in the paragraph above.
Section H Administrative Leave
Appointed officials and department heads shall be granted 80 hours of administrative
leave the pay period that January 1st falls into.
Management employees shall be granted 48 hours of administrative leave the pay period
that January 1st falls into.
Administrative leave hours shall be pro-rated on a monthly pay period basis when a
department head or management employee is appointed or leaves employment during
the calendar year. The employee’s final check will be adjusted to reflect the pro -rated
hours, however there is no provision to receive cash payment for unused ad ministrative
Page 822 of 1183
EXHIBIT “A”
Page 8
hours. Unused administration leave will not be carried over year to year but can be taken
through December 31st of each year.
Appointed officials, department heads and management employees are considered
exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and not
eligible for overtime payment. In general, management employees are expected to work
the hours necessary to successfully carry out their duties and frequently must return to
work or attend meetings and events outside their normal working hours. However, in the
event a state of emergency is called for the City of San Luis Obispo by the City Council,
County of San Luis Obispo, State of California, or Federal Government, employees can
be paid at the rate of time and one-half for the hours worked in excess of forty (40) hours
per week on activities related to disaster management and recovery that are reimbursable
by state or federal funding. Approved employees can be similarly compensated when
rendering aid to other agencies in an emergency declaration situation where overtime is
reimbursable by the requesting agency upon approval by their Department Head or
designee. when specifically authorized by the department head due to extraordinary
circumstances, a management employee may receive overtime payment of time and one -
half for hours worked above and beyond what would be considered normal work
requirements during an emergency event lasting at least eight (8) hours.
Section I Holidays
Appointed officials, department heads, and management employees shall receive eleven
(11) fixed plus two (2) floating holidays per year. The following days of each year are
designated as paid holidays:
January 1 – New Year’s Day
Third Monday in January – Martin Luther King Jr. Birthday
Third Monday in February – Presidents’ Day
Last Monday in May – Memorial Day
July 4 – Independence Day
First Monday in September – Labor Day
November 11 – Veteran’s Day
Fourth Thursday in November – Thanksgiving Day
Friday after Thanksgiving
December 25 – Christmas
One half day before Christmas
One half day before New Year’s Day
When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be
defined as eight (8) hours of paid time off for regular full-time employees.
When Christmas or New Year’s Holiday falls on a Tuesday or Thursday, the City reserves
the right to close non-essential City services and offices on Monday or Friday (the day
Page 823 of 1183
EXHIBIT “A”
Page 9
adjacent to the observed holiday). Essential City services are determined at the
discretion of the department head. Employees scheduled to work in non-essential
functions on the days adjacent to the paid holidays would be required to use appropriate
personal leave. The City would notify employees of closure of non -essential City services
and offices no later than October 31st of the same year in order to provide employees with
ample time to plan accordingly.
The two (2) floating holidays shall be accrued on a semi -monthly basis and added to the
vacation accrual.
Effective January 2019, tThe two floating holidays (16 hours) will be provided in a floating
holiday leave bank the pay period that January 1st falls within and will be prorated on a
pay period basis if an employee starts later in the yearrather than being accrued on a
semi-monthly basis. Employees will have the ability to use floating holiday leave hours
at any point during the calendar year. Unused floating holiday leave will not be carried
over year to year but can be taken through December 31st of each year.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share of the floating holiday, the value of the overage will be deducted from the
employee's final paycheck.the employee’s final check will be adjusted to reflect the
prorated hours calculated on a pay period basis; however, there is no provision to receive
cash payment for unused floating holiday hours. Unused floating holiday leave will not
be carried over year to year but can be taken through December 31 st of each year.
Section J Sick Leave
Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee shall
accrue sick leave with pay at the rate of twelve (12) days or the prorated shift equivalent
per year of continuous service since the benefit date. An employee may take up to 48
hours per calendar year of sick leave if required to be away from the job to personally
care for a member of his/hertheir immediate family as defined in Section 2.36.420, Labor
Code 233 and/or Assembly Bill 1522. This may be extended to 56 hours if a household
family member is hospitalized, and the employee submits written verification of such
hospitalization.
In conjunction with existing leave benefits, appointed officials, department heads, and
management employees with one year of City service who have worked at least 1,250
hours in the previous year may be eligible for up to 12 weeks of Family/Medical Leave in
accordance with the federal Family and Medical Leave Act (FMLA) and the California
Family Rights Act (CFRA). In the event an employee is caring for a family member and
is covered under FMLA/CFRA, they will be able to use all accrued sick leave to care for
a family member.
Page 824 of 1183
EXHIBIT “A”
Page 10
Sick leave may be used to be absent from duty due to the death of a member of the
employee’s immediate family as defined in Section 2.36.420, provided such leave shall
not exceed forty working hours for each incident. The employee may be requir ed to
submit proof of relative’s death before being granted sick leave pay. False information
concerning the death or relationship shall be cause for discharge.
Upon retirement the employee may choose: 1) a payout of the employee’s accumulated
sick leave balance based on years of service according to the following schedule, 2) to
convert a portion or all of the employee’s sick leave balance to service credit in
accordance with CalPERS regulations, or, 3) a combination of these two options.
(A) Death – 25%
(B) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment – 10%
(2) After twenty years of continuous employment – 15%
Section K Workers’ Compensation Leave
An employee who is absent from duty because of on -the-job injury in accordance with
State workers’ compensation law and is not eligible for disability payments under Labor
Code Section 4850 shall be paid the difference between his/hertheir base salary and the
amount provided by workers’ compensation law during the first ninety (90) business days
of such temporary disability absence. Eligibility for workers’ compensation leave requires
an open workers’ compensation claim.
If an employee is eligible for Total Temporary Disability benefits after exhausting 4850 or
salary continuation as defined in the paragraph above, the employee will receive such
payment directly from the City’s workers’ compensation administrator and will only be
able to supplement pay with accrued sick leave. If an employee is paid for less than half
of their regularly scheduled hours during a pay period, and are not on a protected leave,
the employee will not be eligible for the City’s health flex allowance or conditional opt out
incentive.
Section L Work Out-of-Classification
An out-of-class assignment is the full-time performance of all the significant duties of an
available, funded position in one classification by an individual in a position of another
classification. An employee assigned in writing by management to work out-of-class in a
position that is assigned a higher pay range which is vacant pending an examination or
is vacant due to an extended sick or disability leave, shall receive no less than five percent
(5%), but in no case more than the top salary of the higher range, in addition to their
regular base rate commencing on the eleventh consecutive workday of the out -of-class
assignment.
Section M Temporary Assignment
An appointing authority or designee may temporarily assign an employee to a different
position for a specific period not to exceed ninety (90) days, after which the employee
Page 825 of 1183
EXHIBIT “A”
Page 11
returns to their regular duties and position from which they were regularly assigned. The
temporary assignment may be extended past ninety (90) days if agreed to by the
employee in writing. Such action shall have the prior approval of the Human Resources
Director or designee. An appointing authority may assign an employee to a different
position for a period not to exceed ninety (90) days, provided the employee has received
twenty-four (24) hours written notice which includes reasons for the assignment.
Employees who are subject to temporary assignment shall be compensated in
accordance with Section L.
Section MN Vehicle Assignment
The Fire Chief and Police Chief will be provided a City vehicle for emergency response
during off-duty time. All other For those department heads requiring the use of an
automobile on a regular 24-hour basis to perform their normal duties, the City will, at City
option, provide a City vehicle or an appropriate allowance for the employee’s use of a
personal automobile. Department heads who are not p rovided a City vehicle shall receive
a car allowance of $236 per month, paid semi-monthly.
The use of a personal automobile for City business will be eligible for mileage
reimbursement in accordance with standard City policy.
Section NO Uniform Allowance
Employees required to wear a uniform, including the Fire Chief, Deputy Fire Chief, Fire
Marshal and Police Chief, shall receive the same uniform allowance as those they directly
supervise. For “Classic Members” as defined by PERS, uniform allowance sha ll be
reported to PERS as special compensation. Uniform allowance will not be pro-rated upon
separation from employment.
Section OP Appointed Officials
The benefits outlined in this exhibit for department heads apply to appointed officials,
except where they have been modified by council resolution.
Page 826 of 1183
R ______
RESOLUTION NO. _______ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REGARDING COMPENSATION FOR THE
UNREPRESENTED CONFIDENTIAL EMPLOYEES AND SUPERSEDING
PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the City has designated the following classifications as confidential
employees pursuant to the Government Code 3507.5 and Employer-Employee Resolution
6620: Administration Executive Assistant, Human Resources Administrative Assistant I, II,
III, Human Resources Information System Technician, Human Resources Specialist,
Legal Assistant, and Legal Assistant/Paralegal; and
WHEREAS, confidential employees are precluded from collective bargaining due to
their proximity to labor negotiations, and therefore are not governed by a collective
bargaining agreement; and
WHEREAS, the confidential employees have remained committed to providing high
quality service to the community; and
WHEREAS, the City Council is committed to providing competitive compensation
as provided in the City’s adopted Compensation Philosophy.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo
hereby revises unrepresented management compensation as follows:
SECTION 1. The City agrees to increase the salaries of unrepresented
management employees with a 3% cost of living adjustment (COLA) effective the first full
pay period of July 2021.
SECTION 2. The City agrees to complete a benchmark compensation study by
February 28, 2022 which will inform competitiveness in the market and frame the next round
of conversations with the unrepresented confidential group.
SECTION 3. The City shall continue to provide employees certain fringe benefits
as set forth in Exhibit “A”, fully incorporated by reference.
SECTION 3. The Director of Finance shall adjust the appropriate accounts to reflect
the compensation changes.
SECTION 4. This resolution shall be in effect from July 20, 2021 through June 30,
2022.
Page 827 of 1183
Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 5. Amendments to compensation for unrepresented confidential
employees do not constitute a “Project” under CEQA Guidelines Sec. 15378.
Upon motion of Council Member ___________________________, seconded by
Council Member ________________________, and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of __________ 2021.
_____________________________
Mayor Heidi Harmon
ATTEST:
__________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
_____________________________
Teresa Purrington
City Clerk
Page 828 of 1183
Exhibit “A”
Table of Contents
Section A Medical, Dental, Vision .............................................................................. 1
Section B Health Flex Allowance ............................................................................... 2
Section C Life and Disability Insurance ...................................................................... 3
Section D Retirement ................................................................................................. 3
Section E Vacation ..................................................................................................... 4
Section F Administrative Leave.................................................................................. 5
Section G Holidays ................................................................................................... 65
Section H Sick Leave ............................................................................................... 76
Section I Workers’ Compensation Leave ................................................................ 87
Section J Overtime .................................................................................................. 87
Section K Work Out-of-Classification ....................................................................... 98
Section L Temporary Assignment .............................................................................. 9
Page 829 of 1183
EXHIBIT “A”
Page 1
Section A Medical, Dental, Vision
The City shall establish and maintain medical, dental and vision insurance plans for
confidential employees and their dependents. The City reserves the right to choose the
method of insuring and plans to be offered.
PERS Health Benefit Program
The City has elected to participate in the California Public Employees’ Retirement System
(CalPERS) Health Benefit Program. The City shall contribute an equal amount towards
the cost of medical coverage under the Public Employee’s Medical and Hospital Care Act
(PEMHCA) for both active employees and retirees. The City’s contribution toward
coverage under PEMHCA shall be the statutory minimum contribution amount
established by CalPERS on an annual basis. The City's contribution will come out of that
amount the City currently contributes to employees as part of the City’s Section 125 Plan
“Cafeteria Plan”. The cost of the City's participation in CalPERS will not require the City
to expend additional funds toward health insurance. In summary, this cost and any
increases will be borne by the employees.
Health Insurance Benefits for Domestic Partners
The City has adopted a resolution electing to provide health insurance benefits to
domestic partners (Section 22873 of the PEMHCA).
Conditional Opt Out
In order to receive the conditional opt-out incentive, employees will be required to
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family). The proof of other minimum
essential coverage must not be a qualified health plan coverage under an
exchange/marketplace or an individual plan.
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) that is not a qualified health plan
coverage under an exchange/marketplace or an individual plan, will be allowed to waive
medical coverage for themselves and their qualified dependents (tax family).
The monthly conditional opt-out amount is $200.
The conditional opt-out incentive shall be paid in cash (taxable income) to the employee.
The employee must notify the City within 30 days of the loss of other minimum essential
coverage. The conditional opt-out payment shall no longer be payable, if the employee
and family members cease to be enrolled in other minimum essential coverage.
Employees receiving the conditional opt-out amount will also be assessed $16.00 per
month to be placed in the Retiree Health Insurance Account. This account will be used
to fund the City's contribution toward retiree premiums and the City's costs for the Public
Employee's Contingency Reserve Fund and the Administrative Costs. However, there is
no requirement that these funds be used exclusively for this purpose nor any guarantee
Page 830 of 1183
EXHIBIT “A”
Page 2
that they will be sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
Dental and Vision Insurance/Dependent Coverage
Employee participation in the City's dental and vision plans is optional. Employees who
elect coverage shall pay the dental and/or eye premium by payroll deductions on a pre -
tax basis through the City’s Cafeteria Plan.
Section B Health Flex Allowance
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”), and shall purchase such
coverage through the City’s Cafeteria Plan. If the health flex allowance is less than the
cost of the medical plan, the employee shall have the opportunity to pay the difference
between the health flex allowance and the premium cost on a pre -tax basis through the
City’s Cafeteria Plan. If the premium cost for medical coverage is less than the health
flex allowance, the employee shall not receive any unused health flex in the form of cash
or purchase additional benefits under the Cafeteria Plan.
The monthly health flex allowance amounts for regular, full-time employees are:
Level of Coverage 2019 2021
Monthly
Health Flex
Allowance
Rates
Employee Only $550593
Employee Plus One $1,088173
Family $1,472588
Effective in January 2022December 2018 (for the January 2019 premium), December
2019 (for the January 2020 premium), and December 2020 (for the January 2021
premium), the City’s total health flex allowance for group medical coverage will be
modified by an amount equal to one-half of the average percentage change for family
coverage in the PERS health plans available in San Luis Obispo County. For example:
if three plans were available and the year-to-year changes were +10%, +20%, and -6%
respectively, the City’s contribution would be increased by 4% (10% + 20% + -6% ÷ 3 =
8% x 1/2).
Less than full-time employees shall receive a prorated share of the City’s contribution.
The City agrees to continue its contribution to the health flex allowance for two (2) pay
periods in the event that an employee has exhausted all paid time off and leave approved
under the federal Family and Medical Leave Act (FMLA) and the California Family Rights
Act (CFRA) due to an employee's catastrophic illness. That is, the employee shall receive
regular City health flex allowance for the first two (2) pay periods following the pay period in
Page 831 of 1183
EXHIBIT “A”
Page 3
which the employee’s accrued leave balances reach zero (0) and FMLA/CFRA benefits
have been exhausted.
Section C Life and Disability Insurance
The City shall provide the following special insurance benefits:
1. Long-term disability insurance providing 66 2/3% of gross salary (maximum
benefit $5,000 per month) to age 65 for any sickness or accident, subject to the
exclusions in the long-term disability policy, after a 30-day waiting period.
2. In addition to $4,000 term life insurance purchased by the employee, the City
provides $25,000 term life insurance, including $29,000 for accidental death
and dismemberment through the City’s Cafeteria Plan.
Section D Retirement
A. PERS Contracts
1. “Classic Members First Tier” employees hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System’s (PERS)
2.7% at age 55 plan to all eligible employees. The 2.7% at 55 plan includes the
following amendments: 1959 Survivor’s Benefit – Level Four, conversion of unused
sick leave to additional retirement credit, one-year final compensation, Military
Service Credit, and Pre-Retirement Optional Settlement 2 Death Benefit.
2. “Classic Members Second Tier” employees hired on or after December 6, 2012.
The City agrees to provide the PERS 2% at 60 plan using the highest three -year
average as final compensation. The second-tier formula will include the following
amendments: conversion of unused sick leave to additional retirement credit, the
1959 Survivor's Benefit – Level Four, Military Service Credit option, and Pre-
Retirement Option Settlement 2 Death Benefit. Employees hired under this plan
will pay the full member contribution required under the plan, presently seven
percent (7%). CalPERS determines who is a “classic member” within the meaning
of the California Public Employees’ Pension Reform Act (PEPRA).
3. “New Members Third Tier” employees hired after January 1, 2013.
PERS determines are “New Members” within the meaning of the California Public
Employees’ Pension Reform Act (PEPRA). The City will provide the PERS 2% at
62 plan using the highest three-year average as final compensation.
B. Member Contributions
1. “Classic Members First and Second Tier”
Page 832 of 1183
EXHIBIT “A”
Page 4
Effective June 2012, confidential employees began paying the full member
contribution required under the plan for first and second tier employees (8%
and 7% respectively) and the City discontinued their payment of the member
contribution. For purposes of this Section, employee contributions are based
on salary and special compensation as defined by PERS.
Effective the first full pay period in July 2019, all employees shall contribute
1.5% in addition to the employee contribution defined in the paragraph above.
Effective the first full pay period in July 2020, all employees’ additional
contribution shall increase to 3%, in addition to the employee contribution
defined in the paragraph above. These additional contributions are in
accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
2. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the normal cost,
as determined by PERS.
Effective the first full pay period in July 2019, all new members shall contribute
1.5% in addition to the employee paying 50% of the normal cost. Effective the
first full pay period in July 2020, all new members contribution shall increase to
3%, in addition to the employee paying 50% of the normal cost. These
additional contributions are in accordance to the provisions of AB 340,
§7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
C. Contract Amendment with PERS
Vacation leave is governed by Section 2.36.440 of the Municipal Code, except that it may
be taken after the completion of the sixth calendar month of service since from the benefit
date or earlier with department head or designee authorization. Each confidential
employee shall accrue vacation leave with the pay at the following rates:
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 12 days 96 hours
5 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
Page 833 of 1183
EXHIBIT “A”
Page 5
*One day is equivalent to eight (8) hours for a 40-hour per week line-item position.
Vacation leave shall be accrued as earned semi-monthlybiweekly provided that not more
than twice the annual rate (not including floating holiday leave) may be carried over to a
new calendar year. CEffective, April 2019, confidential employees vacation time shall not
exceed twice the annual rate. If an employee reaches the cap at any time throughout the
year, the employee will stop accruing vacation leave.
Vacation schedules for confidential employees shall be based upon the needs of the City
and then, insofar as possible, upon the wishes of the employee. A department head may
not deny a confidential employee’s vacation request if such denial will result in the loss of
vacation accrual by the employee, except that, a department head may approve a two -
month extension of maximum vacation accrual. However, in no event shall more than
one such extension be granted in any calendar year.
Confidential employees are eligible, once annually in December, to request payment for
up to 40 hours of unused vacation leave provided that an employee’s overall performance
and attendance practices are satisfactory. If an employee reaches the annual accrual
cap before December, the employee will be able to request vacation payment one
additional time during the year, in addition to the December cash out. However, no more
than forty (40) hours of unused vacation leave will be paid out in any calendar year.
Payment for unused vacation leave is subject to the availability of budgeted funds.
To recognize the unprecedented year due to the COVID-19 pandemic, confidential
employees will be able to request payment for an additional 40 hours of unused vacation,
for a total of 80 hours in the 2021 calendar year. If an employee reaches the annual
accrual cap before December 2021, the employee will be able to request vacation
payment of one additional time during the calendar year, in addition to the December
cash out. However, no more than 80 hours of unused vacation leave will be paid out in
the 2021 calendar year.
Confidential employees shall be granted twelve (12) hours of administrative leave on
January 1st of each year.
Administrative leave hours shall be pro-rated on a monthly pay period basis when a
confidential employee is appointed or leaves employment during the calendar year. The
employee’s final check will be adjusted to reflect the pro-rated hours, however there is no
provision to receive cash payment for unused administrative hours. Unused
administration leave will not be carried over year to year but can be taken through
December 31st of each year.
Section G Holidays
Confidential employees shall receive eleven (11) fixed plus two (2) floating holidays per
year. The following days of each year are designated as paid holidays:
Page 834 of 1183
EXHIBIT “A”
Page 6
January 1 – New Year’s Day
Third Monday in January – Martin Luther King Jr. Birthday
Third Monday in February – Presidents’ Day
Last Monday in May – Memorial Day
July 4 – Independence Day
First Monday in September – Labor Day
November 11 – Veteran’s Day
Fourth Thursday in November – Thanksgiving Day
Friday after Thanksgiving
December 25 – Christmas
One half day before Christmas
One half day before New Year’s Day
When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be
defined as eight (8) hours of paid time off for regular full-time employees.
When Christmas or New Year’s Holiday falls on a Tuesday or Thursday, the City reserves
the right to close non-essential City services and offices on Monday or Friday (the day
adjacent to the observed holiday). Essential City services are determined at the
discretion of the Department Head. Employees scheduled to work in non-essential
functions on the days adjacent to the paid holidays would be required to use appropriate
personal leave or take the days as non-pay. The City would notify employees of closure
of non-essential City services and offices no later than October 31st of the same year in
order to provide employees with ample time to plan accordingly.
The two (2) floating holidays shall be accrued on a semi-monthly basis and added to the
vacation accrual.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share of the floating holiday, the value of the overage will be deducted from the
employee's final paycheck. In addition, there is no provision to receive cash payment for
unused floating holiday leave.the employee’s final pay check will be adjusted to reflect
the prorated hours calculated on a pay period basis; however, there is no provision to
receive cash payment for unused floating holiday hours. Unused floating holiday leave
will not be carried over year to year but can be taken through December 31st of each year.
Section H Sick Leave
Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee shall
accrue sick leave with pay at the rate of twelve (12) days or the prorated shift equivalent
per year of continuous service since the benefit date. An employee may take up to 48
hours per calendar year of sick leave if required to be away from the job to personally
care for a member of his/hertheir immediate family as defined in Section 2.36.420, Labor
Page 835 of 1183
EXHIBIT “A”
Page 7
Code 233 and/or Assembly Bill 1522. This may be extended to 56 hours if a household
family member is hospitalized, and the employee submits written verification of such
hospitalization.
In conjunction with existing leave benefits, confidential employees with one year of City
service who have worked at least 1,250 hours in the previous year may be eligible for up
to 12 weeks of Family/Medical Leave in accordance with the federal Family and Medical
Leave Act and the California Family Rights Act (CFRA). In the event an employee is
caring for a family member and is covered under FMLA/CFRA, they will be able to use all
accrued sick leave to care for a family member.
Sick leave may be used to be absent from duty due to the death of a member of the
employee’s immediate family as defined in Section 2.36.420, provided such leave shall
not exceed forty working hours for each incident. The employee may be required to
submit proof of relative’s death before being granted sick leave pay. False information
concerning the death or relationship shall be cause for discharge.
Upon retirement the employee may choose: 1) a payout of the employee’s accumulated
sick leave balance based on years of service according to the following schedule, 2) to
convert a portion or all of the employee’s sick leave balance to service credit in
accordance with CalPERS regulations, or 3) a combination of these two options.
(A) Death – 25%
(B) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment – 10%
(2) After twenty years of continuous employment – 15%
(3) After twenty-five years of continuous employment – 20%
(4) After thirty years of continuous employment – 25%
Section I Workers’ Compensation Leave
An employee who is absent from duty because of an on-the-job injury in accordance with
State workers’ compensation law and is not eligible for disability payments under Labor
Code Section 4850 shall be paid the difference between his/hertheir base salary and the
amount provided by workers’ compensation law during the first ninety (90) business days
of such temporary disability absence. Eligibility for workers’ compensation leave requires
an open workers’ compensation claim.
If an employee is eligible for Total Temporary Disability benefits after their salary
continuation as defined in the paragraph above, the employee will receive such payme nt
directly from the City’s workers’ compensation administrator and will only be able to
supplement pay with accrued sick leave. If an employee is paid for less than half of their
regularly scheduled hours during a pay period, and are not on a protected l eave, the
employee will not be eligible for the City’s health flex allowance or conditional opt out
out incentive.
City Overtime Definition
Page 836 of 1183
EXHIBIT “A”
Page 8
Overtime is defined as all hours preauthorized by management and worked by the
employee in excess of forty (40) hours worked in a work week.
Holidays and sick leave will be counted as hours worked for purposes of City oOvertime.
All overtime shall be authorized by the department head or designee prior to being
compensated.
FLSA/Statutory Overtime
For the purpose of complying with FLSA overtime requirements under 29 USC section
207(a), the City has adopted a dual calculation method whereby it calculates FLSA
overtime based on all hours actually worked by overtime eligible employees in excess of
forty (40) hours in the seven-day work period. To the extent the City’s dual calculation
method determines that FLSA overtime owed for the seven-day work period exceeds the
amount of City overtime paid for the same seven-day work period, the difference will be
paid to the employee by way of an “FLSA Adjustment” in the following City pay period.
Compensation
All overtime as defined in this Section shall be paid in cash at one and one half (1 1/2)
the employee's base rate of pay. All overtime shall be compensated to the nearest five
(5) minutes worked.
Separate and apart from the City's contractual obligation to pay overtime in accordance
with this Section, the City is obligated to calculate and pay, at a minimum, FLSA overtime
based on the federally defined regular rate of pay. This calculation will be administered
in accordance with the FLSA/Statutory Overtime’ section above.
Compensatory Time Off (CTO)
A confidential employee eligible for overtime compensation as defined in this Section may
elect compensation in the form of time off (CTO). An employee may not be compensated
in CTO for more than sixty (60) hours of overtime worked in the calendar year.
Accumulated CTO may be taken through December 31st of each calendar year.
Accumulated CTO not taken by midnight December 31st shall be compensated in cash
at straight time. Such compensation shall be paid in January of the following year.
Work Week for Calculation of Overtime
For all confidential employees working a regular 5/40 work schedule or a 4/10 alternative
work schedule, the work week for the purpose of calculating overtime as defined in this
Section shall be seven consecutive days, beginning at 12:00 am Thursday and ending at
11:59 pm Wednesday.
For all confidential employees working a 9/80 alternative work schedule, the work week
for the purpose of calculating overtime as defined in this Section shall be seven
consecutive days, beginning exactly four hours into their eight-hour shift on the day of the
week which constitutes their alternative regular day off.
Section K Work Out-of-Classification
Page 837 of 1183
EXHIBIT “A”
Page 9
An out-of-class assignment is the full-time performance of all the significant duties of an
available, funded position in one classification by an individual in a position of another
classification. An employee assigned in writing by management to work out-of-class in a
position that is assigned a higher pay range which is vacant pending an examination or
is vacant due to an extended sick or disability leave, shall receive no less than five percent
(5%), but in no case more than the top salary of the higher range, in addition to their
regular base rate commencing on the eleventh consecutive workday of the out-of-class
assignment.
Section L Temporary Assignment
An appointing authority or designee may temporarily assign an employee to a different
position for a specific period not to exceed ninety (90) days, after which the employee
returns to their regular duties and position from which they were regularly assign ed. The
temporary assignment may be extended past ninety (90) days if agreed to by the
employee in writing. Such action shall have the prior approval of the Human Resources
Director or designee. An appointing authority may assign an employee to a different
position for a period not to exceed ninety (90) days, provided the employee has received
twenty-four (24) hours written notice which includes reasons for the assignment.
Employees who are subject to temporary assignment shall be compensated in
accordance with Section K.
Page 838 of 1183
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective 7/8/2021
Title Grade Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
ACCOUNTANT 305 MME 2,641$ 2,641$ 2,641$ 2,641$ 3,302$ -$ -$ -$ -$
ACCOUNTING ASSISTANT I 417 CEA 1,671$ 1,759$ 1,852$ 1,949$ 2,052$ -$ -$ -$ -$
ACCOUNTING ASSISTANT II 419 CEA 1,760$ 1,853$ 1,950$ 2,053$ 2,161$ -$ -$ -$ -$
ACCOUNTING ASSISTANT III 421 CEA 1,853$ 1,951$ 2,054$ 2,162$ 2,276$ -$ -$ -$ -$
ACCOUNTING MANAGER 347 MME 3,978$ 3,978$ 3,978$ 3,978$ 4,972$ -$ -$ -$ -$
ACTIVE TRANSPORTATION MANAGER 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
ADMINISTRATION EXECUTIVE ASSISTANT 365 CFE 4,530$ 4,530$ 4,530$ 4,530$ 5,660$ -$ -$ -$ -$
ADMINISTRATIVE ANALYST 305 MME 2,641$ 2,641$ 2,641$ 2,641$ 3,302$ -$ -$ -$ -$
ADMINISTRATIVE ASSISTANT I 417 CEA 4,530$ 4,530$ 4,530$ 4,530$ 5,660$ -$ -$ -$ -$
ADMINISTRATIVE ASSISTANT II 419 CEA 4,530$ 4,530$ 4,530$ 4,530$ 5,660$ -$ -$ -$ -$
ADMINISTRATIVE ASSISTANT III 423 CEA 4,530$ 4,530$ 4,530$ 4,530$ 5,660$ -$ -$ -$ -$
APPLICATION SYSTEM SPECIALIST 439 CEA 4,530$ 4,530$ 4,530$ 4,530$ 5,660$ -$ -$ -$ -$
ASSISTANT CITY ATTORNEY I 353 MME 4,233$ 4,233$ 4,233$ 4,233$ 5,290$ -$ -$ -$ -$
ASSISTANT CITY ATTORNEY II 253 MME 4,867$ 4,867$ 4,867$ 4,867$ 6,083$ -$ -$ -$ -$
ASSISTANT CITY MANAGER 282 DPH 6,465$ 6,465$ 6,465$ 6,465$ 8,084$ -$ -$ -$ -$
ASSISTANT PLANNER 432 CEA 2,466$ 2,596$ 2,733$ 2,877$ 3,028$ -$ -$ -$ -$
ASSISTANT TO THE CITY MANAGER 335 MME 3,540$ 3,540$ 3,540$ 3,540$ 4,424$ -$ -$ -$ -$
ASSOCIATE PLANNER 437 CEA 2,808$ 2,956$ 3,112$ 3,276$ 3,448$ -$ -$ -$ -$
BUILDING AND SAFETY SUPERVISOR 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
BUILDING INSPECTOR I 432 CEA 2,466$ 2,596$ 2,733$ 2,877$ 3,028$ -$ -$ -$ -$
BUILDING INSPECTOR II 435 CEA 2,666$ 2,806$ 2,954$ 3,109$ 3,273$ -$ -$ -$ -$
BUILDING PERMIT SERVICES SUPERVISOR 320 MME 3,057$ 3,057$ 3,057$ 3,057$ 3,821$ -$ -$ -$ -$
BUSINESS MANAGER 330 MME 3,371$ 3,371$ 3,371$ 3,371$ 4,213$ -$ -$ -$ -$
CITY ATTORNEY 210 APO 8,941$ -$ -$ -$ -$ -$ -$ -$ -$
CITY BIOLOGIST 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
CITY CLERK 340 MME 3,716$ 3,716$ 3,716$ 3,716$ 4,645$ -$ -$ -$ -$
CITY COUNCIL MEMBER 104 CCM 918$ -$ -$ -$ -$ -$ -$ -$ -$
CITY MANAGER 220 APO 9,450$ -$ -$ -$ -$ -$ -$ -$ -$
CODE ENFORCEMENT OFFICER I 432 CEA 2,466$ 2,596$ 2,733$ 2,877$ 3,028$ -$ -$ -$ -$
CODE ENFORCEMENT OFFICER II 435 CEA 2,666$ 2,806$ 2,954$ 3,109$ 3,273$ -$ -$ -$ -$
CODE ENFORCEMENT SUPERVISOR 320 MME 3,057$ 3,057$ 3,057$ 3,057$ 3,821$ -$ -$ -$ -$
Page 1 of 7
Page 839 of 1183
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective 7/8/2021
Title Grade Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
CODE ENFORCEMENT TECHNICIAN I 421 CEA 1,853$ 1,951$ 2,054$ 2,162$ 2,276$ -$ -$ -$ -$
CODE ENFORCEMENT TECHNICIAN II 423 CEA 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ -$ -$ -$ -$
COMMUNICATIONS COORDINATOR 426 CEA 2,110$ 2,221$ 2,338$ 2,461$ 2,591$ -$ -$ -$ -$
COMMUNICATIONS MANAGER 856 PSO 3,526$ 3,712$ 3,907$ 4,113$ 4,329$ 4,557$ -$ -$ -$
COMMUNICATIONS SUPERVISOR 855 PSO 3,038$ 3,198$ 3,366$ 3,543$ 3,729$ 3,925$ -$ -$ -$
COMMUNICATIONS TECHNICIAN 712 POA 2,515$ 2,647$ 2,786$ 2,933$ 3,087$ 3,249$ 3,420$ -$ -$
CONSTRUCTION ENGINEERING MANAGER 340 MME 3,716$ 3,716$ 3,716$ 3,716$ 4,645$ -$ -$ -$ -$
CONTROL SYSTEMS ADMINISTRATOR 439 CEA 2,957$ 3,113$ 3,277$ 3,449$ 3,631$ -$ -$ -$ -$
DATA ANALYST 305 MME 2,641$ 2,641$ 2,641$ 2,641$ 3,302$ -$ -$ -$ -$
DEPUTY CITY CLERK I 423 CEA 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ -$ -$ -$ -$
DEPUTY CITY CLERK II 426 CEA 2,110$ 2,221$ 2,338$ 2,461$ 2,591$ -$ -$ -$ -$
DEPUTY CITY MANAGER 267 DPH 5,620$ 5,620$ 5,620$ 5,620$ 7,028$ -$ -$ -$ -$
DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT/CITY PLANNER 244 MME 4,530$ 4,530$ 4,530$ 4,530$ 5,660$ -$ -$ -$ -$
DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 249 MME 4,757$ 4,757$ 4,757$ 4,757$ 5,944$ -$ -$ -$ -$
DEPUTY DIRECTOR OF PUBLIC WORKS/MAINTENANCE OPERATIONS 244 MME 4,530$ 4,530$ 4,530$ 4,530$ 5,660$ -$ -$ -$ -$
DEPUTY DIRECTOR OF UTILITIES - WASTEWATER 244 MME 4,530$ 4,530$ 4,530$ 4,530$ 5,660$ -$ -$ -$ -$
DEPUTY DIRECTOR OF UTILITIES - WATER 244 MME 4,530$ 4,530$ 4,530$ 4,530$ 5,660$ -$ -$ -$ -$
DEPUTY FIRE CHIEF 257 MME 5,124$ 5,124$ 5,124$ 5,124$ 6,405$ -$ -$ -$ -$
DIRECTOR OF COMMUNITY DEVELOPMENT 267 DPH 5,620$ 5,620$ 5,620$ 5,620$ 7,028$ -$ -$ -$ -$
DIRECTOR OF FINANCE 267 DPH 5,620$ 5,620$ 5,620$ 5,620$ 7,028$ -$ -$ -$ -$
DIRECTOR OF HUMAN RESOURCES 267 DPH 5,620$ 5,620$ 5,620$ 5,620$ 7,028$ -$ -$ -$ -$
DIRECTOR OF PARKS AND RECREATION 267 DPH 5,620$ 5,620$ 5,620$ 5,620$ 7,028$ -$ -$ -$ -$
DIRECTOR OF PUBLIC WORKS 267 DPH 5,620$ 5,620$ 5,620$ 5,620$ 7,028$ -$ -$ -$ -$
DIRECTOR OF UTILITIES 267 DPH 5,620$ 5,620$ 5,620$ 5,620$ 7,028$ -$ -$ -$ -$
DIVERSITY EQUITY AND INCLUSION MANAGER 347 MME 3,978$ 3,978$ 3,978$ 3,978$ 4,972$ -$ -$ -$ -$
ECONOMIC DEVELOPMENT MANAGER 340 MME 3,716$ 3,716$ 3,716$ 3,716$ 4,645$ -$ -$ -$ -$
ENGINEER I 435 CEA 2,666$ 2,806$ 2,954$ 3,109$ 3,273$ -$ -$ -$ -$
ENGINEER II 439 CEA 2,957$ 3,113$ 3,277$ 3,449$ 3,631$ -$ -$ -$ -$
ENGINEER III 442 CEA 3,199$ 3,367$ 3,544$ 3,730$ 3,926$ -$ -$ -$ -$
ENGINEERING INSPECTOR I 430 CEA 2,341$ 2,464$ 2,594$ 2,730$ 2,874$ -$ -$ -$ -$
ENGINEERING INSPECTOR II 433 CEA 2,532$ 2,665$ 2,805$ 2,953$ 3,108$ -$ -$ -$ -$
Page 2 of 7
Page 840 of 1183
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective 7/8/2021
Title Grade Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
ENGINEERING INSPECTOR III 439 CEA 2,957$ 3,113$ 3,277$ 3,449$ 3,631$ -$ -$ -$ -$
ENGINEERING INSPECTOR IV 442 CEA 3,199$ 3,367$ 3,544$ 3,730$ 3,926$ -$ -$ -$ -$
ENGINEERING TECHNICIAN I 423 CEA 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ -$ -$ -$ -$
ENGINEERING TECHNICIAN II 425 CEA 2,058$ 2,166$ 2,280$ 2,400$ 2,526$ -$ -$ -$ -$
ENGINEERING TECHNICIAN III 430 CEA 2,341$ 2,464$ 2,594$ 2,730$ 2,874$ -$ -$ -$ -$
ENTERPRISE SYSTEM DATABASE ADMINISTRATOR 439 CEA 2,957$ 3,113$ 3,277$ 3,449$ 3,631$ -$ -$ -$ -$
ENVIRONMENTAL COMPLIANCE INSPECTOR 432 CEA 2,466$ 2,596$ 2,733$ 2,877$ 3,028$ -$ -$ -$ -$
ENVIRONMENTAL PROGRAMS MANAGER 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
EQUIPMENT OPERATOR 422 CEA 1,902$ 2,002$ 2,107$ 2,218$ 2,335$ -$ -$ -$ -$
EVIDENCE TECHNICIAN 715 POA 3,292$ 3,465$ 3,647$ 3,839$ 4,041$ 4,254$ 4,478$ -$ -$
FACILITIES MAINTENANCE SUPERVISOR 315 MME 2,913$ 2,913$ 2,913$ 2,913$ 3,639$ -$ -$ -$ -$
FACILITIES MAINTENANCE TECHNICIAN (SBP)450 CEA 1,861$ 1,959$ 2,062$ 2,171$ 2,285$ 2,405$ 2,532$ 2,665$ 2,805$
FINANCIAL ANALYST 305 MME 2,641$ 2,641$ 2,641$ 2,641$ 3,302$ -$ -$ -$ -$
FINANCIAL SPECIALIST 423 CEA 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ -$ -$ -$ -$
FIRE BATTALION CHIEF 505 FBC 4,627$ 4,871$ 5,127$ 5,397$ 5,681$ 5,980$ -$ -$ -$
FIRE CAPTAIN 621 FFA 3,714$ 3,909$ 4,115$ 4,332$ 4,560$ -$ -$ -$ -$
FIRE CHIEF 272 DPH 5,887$ 5,887$ 5,887$ 5,887$ 7,361$ -$ -$ -$ -$
FIRE ENGINEER 615 FFA 3,179$ 3,346$ 3,522$ 3,707$ 3,902$ -$ -$ -$ -$
FIRE FIGHTER 612 FFA 2,642$ 2,935$ 3,089$ 3,252$ 3,423$ 3,603$ -$ -$ -$
FIRE INSPECTOR I 626 FFA 2,570$ 2,705$ 2,847$ 2,997$ 3,155$ -$ -$ -$ -$
FIRE INSPECTOR II 630 FFA 2,852$ 3,002$ 3,160$ 3,326$ 3,501$ -$ -$ -$ -$
FIRE INSPECTOR III 633 FFA 3,081$ 3,243$ 3,414$ 3,594$ 3,783$ -$ -$ -$ -$
FIRE MARSHAL CHIEF BUILDING OFFICIAL 353 MME 4,233$ 4,233$ 4,233$ 4,233$ 5,290$ -$ -$ -$ -$
FIRE VEHICLE MECHANIC 616 FFA 3,135$ 3,300$ 3,474$ 3,657$ 3,849$ -$ -$ -$ -$
FLEET MAINTENANCE SUPERVISOR 315 MME 2,913$ 2,913$ 2,913$ 2,913$ 3,639$ -$ -$ -$ -$
GIS SPECIALIST I 433 CEA 2,532$ 2,665$ 2,805$ 2,953$ 3,108$ -$ -$ -$ -$
GIS SPECIALIST II 437 CEA 2,808$ 2,956$ 3,112$ 3,276$ 3,448$ -$ -$ -$ -$
GOLF MAINTENANCE CREW COORDINATOR 426 CEA 2,110$ 2,221$ 2,338$ 2,461$ 2,591$ -$ -$ -$ -$
HAZARDOUS MATERIALS COORDINATOR 617 FFA 3,686$ 3,880$ 4,084$ 4,299$ 4,525$ -$ -$ -$ -$
HEAVY EQUIPMENT MECHANIC 426 CEA 2,110$ 2,221$ 2,338$ 2,461$ 2,591$ -$ -$ -$ -$
HOMELESSNESS RESPONSE MANAGER 325 MME-C 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
Page 3 of 7
Page 841 of 1183
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective 7/8/2021
Title Grade Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
HOUSING COORDINATOR 437 CEA 2,808$ 2,956$ 3,112$ 3,276$ 3,448$ -$ -$ -$ -$
HUMAN RESOURCES ADMINISTRATIVE ASSISTANT I 360 CFE 1,773$ 1,866$ 1,964$ 2,067$ 2,176$ -$ -$ -$ -$
HUMAN RESOURCES ADMINISTRATIVE ASSISTANT II 363 CFE 1,866$ 1,964$ 2,067$ 2,176$ 2,291$ -$ -$ -$ -$
HUMAN RESOURCES ADMINISTRATIVE ASSISTANT III 365 CFE 2,112$ 2,223$ 2,340$ 2,463$ 2,593$ -$ -$ -$ -$
HUMAN RESOURCES ANALYST 305 MME 2,641$ 2,641$ 2,641$ 2,641$ 3,302$ -$ -$ -$ -$
HUMAN RESOURCES INFORMATION SYSTEM TECHNICIAN 363 CFE 1,866$ 1,964$ 2,067$ 2,176$ 2,291$ -$ -$ -$ -$
HUMAN RESOURCES MANAGER 347 MME 3,978$ 3,978$ 3,978$ 3,978$ 4,972$ -$ -$ -$ -$
HUMAN RESOURCES SPECIALIST 368 CFE 2,186$ 2,301$ 2,422$ 2,549$ 2,683$ -$ -$ -$ -$
INFORMATION SERVICES SUPERVISOR 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
INFORMATION TECHNOLOGY ASSISTANT 423 CEA 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ -$ -$ -$ -$
INFORMATION TECHNOLOGY MANAGER 353 MME 4,233$ 4,233$ 4,233$ 4,233$ 5,290$ -$ -$ -$ -$
INFORMATION TECHNOLOGY SUPPORT SERVICES SUPERVISOR 305 MME 2,641$ 2,641$ 2,641$ 2,641$ 3,302$ -$ -$ -$ -$
INFORMATION TECHNOLOGY SYSTEM ENGINEER 439 CEA 2,957$ 3,113$ 3,277$ 3,449$ 3,631$ -$ -$ -$ -$
INTERIM DEPUTY DIRECTOR OF UTILITIES - ENGINEERING AND PLANNING 244 MME 4,530$ 4,530$ 4,530$ 4,530$ 5,660$ -$ -$ -$ -$
LABORATORY ANALYST (SBP)456 CEA 2,385$ 2,510$ 2,642$ 2,781$ 2,927$ 3,081$ 3,243$ 3,414$ 3,594$
LABORATORY MANAGER 330 MME 3,371$ 3,371$ 3,371$ 3,371$ 4,213$ -$ -$ -$ -$
LEAD PROPERTY AND EVIDENCE TECHNICIAN 713 POA 2,500$ 2,632$ 2,771$ 2,917$ 3,071$ 3,233$ 3,403$ -$ -$
LEGAL ASSISTANT 363 CFE 1,866$ 1,964$ 2,067$ 2,176$ 2,291$ -$ -$ -$ -$
LEGAL ASSISTANT/PARALEGAL 369 CFE 2,305$ 2,426$ 2,554$ 2,688$ 2,829$ -$ -$ -$ -$
MAINTENANCE WORKER I - PARKS 417 CEA 1,671$ 1,759$ 1,852$ 1,949$ 2,052$ -$ -$ -$ -$
MAINTENANCE WORKER II - PARKS 419 CEA 1,760$ 1,853$ 1,950$ 2,053$ 2,161$ -$ -$ -$ -$
MAINTENANCE WORKER III - PARKS 421 CEA 1,853$ 1,951$ 2,054$ 2,162$ 2,276$ -$ -$ -$ -$
MANAGEMENT FELLOW 300 CFE-C 2,062$ 2,170$ 2,284$ 2,404$ 2,531$ -$ -$ -$ -$
MAYOR 110 CCM 1,158$ -$ -$ -$ -$ -$ -$ -$ -$
MECHANIC HELPER 417 CEA 1,671$ 1,759$ 1,852$ 1,949$ 2,052$ -$ -$ -$ -$
NEIGHBORHOOD OUTREACH MANAGER 320 MME 3,057$ 3,057$ 3,057$ 3,057$ 3,821$ -$ -$ -$ -$
NETWORK SERVICES SUPERVISOR 330 MME 3,371$ 3,371$ 3,371$ 3,371$ 4,213$ -$ -$ -$ -$
PARKING COORDINATOR 426 CEA 2,110$ 2,221$ 2,338$ 2,461$ 2,591$ -$ -$ -$ -$
PARKING ENFORCEMENT OFFICER I 420 CEA 1,806$ 1,901$ 2,001$ 2,106$ 2,217$ -$ -$ -$ -$
PARKING ENFORCEMENT OFFICER II 423 CEA 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ -$ -$ -$ -$
PARKING METER REPAIR WORKER 421 CEA 1,853$ 1,951$ 2,054$ 2,162$ 2,276$ -$ -$ -$ -$
Page 4 of 7
Page 842 of 1183
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective 7/8/2021
Title Grade Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
PARKING PROGRAM MANAGER 330 MME 3,371$ 3,371$ 3,371$ 3,371$ 4,213$ -$ -$ -$ -$
PARKING SERVICES SUPERVISOR 305 MME 2,641$ 2,641$ 2,641$ 2,641$ 3,302$ -$ -$ -$ -$
PARKS CREW COORDINATOR 451 CEA 2,285$ 2,405$ 2,532$ 2,665$ 2,805$ -$ -$ -$ -$
PARKS MAINTENANCE SPECIALIST (SBP)446 CEA 1,674$ 1,762$ 1,855$ 1,953$ 2,056$ 2,164$ 2,278$ 2,398$ 2,524$
PARKS MAINTENANCE SUPERVISOR 315 MME 2,913$ 2,913$ 2,913$ 2,913$ 3,639$ -$ -$ -$ -$
PERMIT TECHNICIAN I 419 CEA 1,760$ 1,853$ 1,950$ 2,053$ 2,161$ -$ -$ -$ -$
PERMIT TECHNICIAN II 423 CEA 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ -$ -$ -$ -$
PLANNING TECHNICIAN 423 CEA 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ -$ -$ -$ -$
PLANS EXAMINER 437 CEA 2,808$ 2,956$ 3,112$ 3,276$ 3,448$ -$ -$ -$ -$
POLICE CADET 714 POA 3,024$ -$ -$ -$ -$ -$ -$ -$ -$
POLICE CAPTAIN 810 PSO 5,439$ 5,725$ 6,026$ 6,343$ 6,677$ 7,028$ -$ -$ -$
POLICE CHIEF 279 DPH 6,715$ 6,715$ 6,715$ 6,715$ 8,393$ -$ -$ -$ -$
POLICE FIELD SERVICES TECHNICIAN 709 POA 2,405$ 2,532$ 2,665$ 2,805$ 2,953$ 3,108$ 3,272$ -$ -$
POLICE LIEUTENANT 805 PSO 4,727$ 4,976$ 5,238$ 5,514$ 5,804$ 6,109$ -$ -$ -$
POLICE OFFICER 720 POA 3,360$ 3,537$ 3,723$ 3,919$ 4,125$ 4,342$ 4,571$ -$ -$
POLICE RECORDS CLERK I 700 POA 1,850$ 1,947$ 2,049$ 2,157$ 2,271$ 2,390$ 2,516$ -$ -$
POLICE RECORDS CLERK II 703 POA 2,049$ 2,157$ 2,271$ 2,391$ 2,517$ 2,649$ 2,788$ -$ -$
POLICE RECORDS SUPERVISOR 850 PSO 2,740$ 2,884$ 3,036$ 3,196$ 3,364$ 3,541$ -$ -$ -$
POLICE SERGEANT 800 PSO 4,109$ 4,325$ 4,553$ 4,793$ 5,045$ 5,311$ -$ -$ -$
PRINCIPAL BUDGET ANALYST 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
PRINCIPAL PLANNER 340 MME 3,716$ 3,716$ 3,716$ 3,716$ 4,645$ -$ -$ -$ -$
PROPERTY AND EVIDENCE TECHNICIAN 706 POA 2,280$ 2,400$ 2,526$ 2,659$ 2,799$ 2,946$ 3,101$ -$ -$
PUBLIC COMMINICATIONS MANAGER 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
RANGER MAINTENANCE WORKER I 415 CEA 1,588$ 1,672$ 1,760$ 1,853$ 1,950$ -$ -$ -$ -$
RANGER MAINTENANCE WORKER II 419 CEA 1,760$ 1,853$ 1,950$ 2,053$ 2,161$ -$ -$ -$ -$
RECREATION COORDINATOR 426 CEA 2,110$ 2,221$ 2,338$ 2,461$ 2,591$ -$ -$ -$ -$
RECREATION MANAGER 320 MME 3,057$ 3,057$ 3,057$ 3,057$ 3,821$ -$ -$ -$ -$
RECREATION SUPERVISOR 305 MME 2,641$ 2,641$ 2,641$ 2,641$ 3,302$ -$ -$ -$ -$
SAFETY AND TECHNICAL TRAINING ENGINEER 320 MME 3,057$ 3,057$ 3,057$ 3,057$ 3,821$ -$ -$ -$ -$
SENIOR ACCOUNTANT 315 MME 2,913$ 2,913$ 2,913$ 2,913$ 3,639$ -$ -$ -$ -$
SENIOR ADMINISTRATIVE ANALYST 315 MME 2,913$ 2,913$ 2,913$ 2,913$ 3,639$ -$ -$ -$ -$
Page 5 of 7
Page 843 of 1183
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective 7/8/2021
Title Grade Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
SENIOR CIVIL ENGINEER 330 MME 3,371$ 3,371$ 3,371$ 3,371$ 4,213$ -$ -$ -$ -$
SENIOR FINANCIAL ANALYST 315 MME 2,913$ 2,913$ 2,913$ 2,913$ 3,639$ -$ -$ -$ -$
SENIOR HUMAN RESOURCES ANALYST 315 MME 2,913$ 2,913$ 2,913$ 2,913$ 3,639$ -$ -$ -$ -$
SENIOR PLANNER 330 MME 3,371$ 3,371$ 3,371$ 3,371$ 4,213$ -$ -$ -$ -$
SIGNAL AND STREETLIGHT TECHNICIAN 430 CEA 2,341$ 2,464$ 2,594$ 2,730$ 2,874$ -$ -$ -$ -$
SOLID WASTE AND RECYCLING COORDINATOR 437 CEA 2,808$ 2,956$ 3,112$ 3,276$ 3,448$ -$ -$ -$ -$
SPECIAL PROJECTS MANAGER 325 MME-C 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
STREETS CREW COORDINATOR 451 CEA 2,285$ 2,405$ 2,532$ 2,665$ 2,805$ -$ -$ -$ -$
STREETS MAINTENANCE OPERATOR (SBP)446 CEA 1,674$ 1,762$ 1,855$ 1,953$ 2,056$ 2,164$ 2,278$ 2,398$ 2,524$
STREETS MAINTENANCE SUPERVISOR 315 MME 2,913$ 2,913$ 2,913$ 2,913$ 3,639$ -$ -$ -$ -$
SUPERVISING ACCOUNTING ASSISTANT 426 CEA 2,110$ 2,221$ 2,338$ 2,461$ 2,591$ -$ -$ -$ -$
SUPERVISING ADMINISTRATIVE ASSISTANT 426 CEA 2,110$ 2,221$ 2,338$ 2,461$ 2,591$ -$ -$ -$ -$
SUPERVISING CIVIL ENGINEER 340 MME 3,716$ 3,716$ 3,716$ 3,716$ 4,645$ -$ -$ -$ -$
SUPERVISING UTILITY BILLING ASSISTANT 426 CEA 2,110$ 2,221$ 2,338$ 2,461$ 2,591$ -$ -$ -$ -$
SUSTAINABILITY AND NATURAL RESOURCES OFFICIAL 347 MME 3,978$ 3,978$ 3,978$ 3,978$ 4,972$ -$ -$ -$ -$
SUSTAINABILITY MANAGER 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
SWEEPER OPERATOR 422 CEA 1,902$ 2,002$ 2,107$ 2,218$ 2,335$ -$ -$ -$ -$
SYSTEMS INTEGRATION ADMINISTRATOR 439 CEA 2,957$ 3,113$ 3,277$ 3,449$ 3,631$ -$ -$ -$ -$
TECHNOLOGY PROJECT MANAGER 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
TOURISM COORDINATOR 426 CEA 2,110$ 2,221$ 2,338$ 2,461$ 2,591$ -$ -$ -$ -$
TOURISM MANAGER 320 MME 3,057$ 3,057$ 3,057$ 3,057$ 3,821$ -$ -$ -$ -$
TRANSIT ASSISTANT 423 CEA 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ -$ -$ -$ -$
TRANSIT COORDINATOR 426 CEA 2,110$ 2,221$ 2,338$ 2,461$ 2,591$ -$ -$ -$ -$
TRANSIT MANAGER 330 MME 3,371$ 3,371$ 3,371$ 3,371$ 4,213$ -$ -$ -$ -$
TRANSPORTATION MANAGER 340 MME 3,716$ 3,716$ 3,716$ 3,716$ 4,645$ -$ -$ -$ -$
TRANSPORTATION PLANNER-ENGINEER I 435 CEA 2,666$ 2,806$ 2,954$ 3,109$ 3,273$ -$ -$ -$ -$
TRANSPORTATION PLANNER-ENGINEER II 439 CEA 2,957$ 3,113$ 3,277$ 3,449$ 3,631$ -$ -$ -$ -$
TRANSPORTATION PLANNER-ENGINEER III 442 CEA 3,199$ 3,367$ 3,544$ 3,730$ 3,926$ -$ -$ -$ -$
UNDERGROUND UTILITIES LOCATOR 423 CEA 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ -$ -$ -$ -$
URBAN FOREST SUPERVISOR/CITY ARBORIST 315 MME 2,913$ 2,913$ 2,913$ 2,913$ 3,639$ -$ -$ -$ -$
URBAN FORESTER (SBP)450 CEA 1,861$ 1,959$ 2,062$ 2,171$ 2,285$ 2,405$ 2,532$ 2,665$ 2,805$
Page 6 of 7
Page 844 of 1183
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective 7/8/2021
Title Grade Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
UTILITIES ENGINEER 330 MME 3,371$ 3,371$ 3,371$ 3,371$ 4,213$ -$ -$ -$ -$
UTILITIES PROJECTS MANAGER 330 MME 3,371$ 3,371$ 3,371$ 3,371$ 4,213$ -$ -$ -$ -$
UTILITY BILLING ASSISTANT 419 CEA 1,760$ 1,853$ 1,950$ 2,053$ 2,161$ -$ -$ -$ -$
WASTEWATER COLLECTION SYSTEM OPERATOR (SBP)452 CEA 2,090$ 2,200$ 2,316$ 2,438$ 2,566$ 2,701$ 2,843$ 2,993$ 3,151$
WASTEWATER COLLECTION SYSTEM SUPERVISOR 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
WATER DISTRIBUTION CHIEF OPERATOR 437 CEA 2,808$ 2,956$ 3,112$ 3,276$ 3,448$ -$ -$ -$ -$
WATER DISTRIBUTION SUPERVISOR 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
WATER DISTRIBUTION SYSTEM OPTERATOR (SBP)452 CEA 2,090$ 2,200$ 2,316$ 2,438$ 2,566$ 2,701$ 2,843$ 2,993$ 3,151$
WATER RESOURCE PROGRAM MANAGER 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
WATER RESOURCE RECOVERY FACILITY CHIEF MAINTENANCE TECHNICIAN 444 CEA 2,995$ 3,153$ 3,319$ 3,494$ 3,678$ -$ -$ -$ -$
WATER RESOURCE RECOVERY FACILITY CHIEF OPERATOR 445 CEA 3,156$ 3,322$ 3,497$ 3,681$ 3,875$ -$ -$ -$ -$
WATER RESOURCE RECOVERY FACILITY MAINTENANCE TECHNICIAN (SBP)456 CEA 2,385$ 2,510$ 2,642$ 2,781$ 2,927$ 3,081$ 3,243$ 3,414$ 3,594$
WATER RESOURCE RECOVERY FACILITY OPERATOR (SBP)456 CEA 2,385$ 2,510$ 2,642$ 2,781$ 2,927$ 3,081$ 3,243$ 3,414$ 3,594$
WATER RESOURCE RECOVERY FACILITY PLANT SUPERVISOR 335 MME 3,540$ 3,540$ 3,540$ 3,540$ 4,424$ -$ -$ -$ -$
WATER RESOURCES TECHNICIAN 430 CEA 2,341$ 2,464$ 2,594$ 2,730$ 2,874$ -$ -$ -$ -$
WATER SUPPLY OPERATOR (SBP)452 CEA 2,090$ 2,200$ 2,316$ 2,438$ 2,566$ 2,701$ 2,843$ 2,993$ 3,151$
WATER TREATMENT PLANT CHIEF MAINTENANCE TECHNICIAN 444 CEA 2,995$ 3,153$ 3,319$ 3,494$ 3,678$ -$ -$ -$ -$
WATER TREATMENT PLANT CHIEF OPERATOR 445 CEA 3,156$ 3,322$ 3,497$ 3,681$ 3,875$ -$ -$ -$ -$
WATER TREATMENT PLANT OPERATOR (SBP)456 CEA 2,385$ 2,510$ 2,642$ 2,781$ 2,927$ 3,081$ 3,243$ 3,414$ 3,594$
WATER TREATMENT PLANT SUPERVISOR 335 MME 3,540$ 3,540$ 3,540$ 3,540$ 4,424$ -$ -$ -$ -$
WHALE ROCK RESERVOIR SUPERVISOR 325 MME 3,212$ 3,212$ 3,212$ 3,212$ 4,013$ -$ -$ -$ -$
YOUTH SERVICES PROGRAM ASSSISTANT 419 CEA 1,760$ 1,853$ 1,950$ 2,053$ 2,161$ -$ -$ -$ -$
YOUTH SERVICES PROGRAM SPECIALIST 419 CEA 1,760$ 1,853$ 1,950$ 2,053$ 2,161$ -$ -$ -$ -$
Page 7 of 7
Page 845 of 1183
Page 846 of 1183
Supplemental Employee Salary Schedule
Classification Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Accounting Assistant I 9132 914 18.11$ 18.46$ 18.81$ 19.37$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$
Accounting Assistant III 943400 9421 22.61$ 23.80$ 25.05$ 26.36$ 27.75$
Administrative Aide I 9172 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Administrative Aide II 9371 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
Administrative Specialist 9472 910 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$
Adult Sports Official 9265 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Application System Specialist 942401 9439 36.06$ 37.96$ 39.96$ 42.06$ 44.28$
Aquatics Specialist*9461 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
Assistant City Attorney 9473 997 78.13$
Childcare Aide Emergency Sub Afternoon*91615 970 17.81$ 18.26$ 18.71$ 19.16$ 19.60$ 20.09$ 20.58$ 20.98$ 21.38$
Childcare Aide Emergency Sub Morning*91619 971 21.38$ 21.92$ 22.46$ 22.99$ 23.52$ 24.11$ 24.69$ 25.17$ 25.65$
Childcare Aide*9161 902 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.10$
Childcare Teacher Emergency Sub Afternoon*92625 972 19.60$ 20.09$ 20.58$ 21.07$ 21.56$ 22.10$ 22.64$ 23.08$ 23.51$
Childcare Teacher Emergency Sub Morning*92629 973 23.52$ 24.11$ 24.69$ 25.28$ 25.88$ 26.52$ 27.17$ 27.69$ 28.22$
Childcare Teacher*9262 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Commissioner 9861 990 75.00$
Community Services Specialist 9462 910 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$
Development Review Arborist 9288 924 25.25$ 25.88$ 26.51$ 27.15$ 27.78$ 28.47$ 29.16$ 29.73$ 30.30$
Engineering Consultant 9332 980 50.00$ 51.56$ 55.00$ 65.00$ 75.00$
Facilities Aide Farmer's Market 9292 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Facilities Aide Pool 9293 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Facilities Assistant 9264 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Facilities Specialist 9463 910 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$
Facility Host 9162 900 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$
Fire Intern 9151 900 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$
Flood Control Technician 9287 916 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$
GIS Technician 9231 916 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$
Golf Maintenance Assistant*9291 902 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.10$
Hazardous Materials Team Business Manager 9651 996 28.00$ 29.00$ 30.00$
Head Childcare Teacher Emergency Sub Afternoon*93605 974 20.58$ 21.07$ 21.56$ 22.10$ 22.64$ 23.18$ 23.71$ 24.31$ 24.90$
Head Childcare Teacher Emergency Sub Morning*93609 975 24.69$ 25.28$ 25.88$ 26.52$ 27.17$ 27.81$ 28.46$ 29.17$ 29.88$
Head Childcare Teacher*9360 912 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$
Head Lifeguard*9351 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Human Resources Administrative Assistant I 931700 9360 21.51$ 22.65$ 23.84$ 25.09$ 26.41$
Intern I 9111 900 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$
Intern II 9211 906 15.00$ 15.34$ 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$
Intern III 9311 910 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$
Intern IV 9411 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
IT Assistant Help Desk 9232 916 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$
Lab Analyst 9235 937 28.63$ 30.14$ 31.73$ 33.40$ 35.16$ 37.01$ 38.96$ 41.01$ 43.175
Key
Blue = P&R Positions
* = Classifications that work with children (AB 218
doesn't apply)
Page 847 of 1183
Landscape Inspector 9282 918 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ 23.53$ 24.10$ 24.57$ 25.04$
Lead Parking Attendant 9471 910 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$
Legal Assistant I 9131 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
Legal Assistant II 9233 916 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$
Lifeguard Dock Pay*92519 900 14.00$
Lifeguard*9251 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Parking Ambassador 9271 906 15.00$ 15.34$ 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$
Parking Enforcement Officer 9266 916 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$
Parking Meter Repair Worker 9286 918 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ 23.53$ 24.10$ 24.57$ 25.04$
Parks Maintenance Aide I 9182 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Parks Maintenance Aide II 9281 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
Police Operations Support Specialist 9212 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Ranger Services Specialist*9466 912 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$
Ranger Services Worker 9181 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Rec Cashier*9171 900 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$
Recording Secretary 9272 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Senior Administrative Analyst 9333 948 33.99$ 36.37$ 38.31$ 40.33$ 42.45$
SNAP 9352 916 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$
Special Swim Instructor*9369 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
Swim Instructor*9263 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Tree Climber Assistant 9192 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Utility Billing Assistant 942702 9419 21.48$ 22.60$ 23.79$ 25.04$ 26.35$
Water Quality Lab Aide 9141 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Youth Sports Official*9261 900 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$
RETIRED ANNUITANTS:Class Schedule Step 1 Step 2 Step 3 Step 4 Step 5
Accounting Assistant III PERS Retiree 9924 9423 22.26$ 23.44$ 24.68$ 25.98$ 27.34$
Financial Analyst PERS Retiree 9922 9305 31.43$ 33.40$ 35.36$ 37.33$ 40.08$
IT Assistant PERS Retiree 9931 962 24.10$ 25.25$ 26.51$ 27.78$ 28.78$
Parking Coordinator PERS Retiree 9971 964 25.67$ 26.70$ 28.10$ 29.58$ 31.13$
Parking Enforcement Officer PERS Retiree 9961 960 21.91$ 22.95$ 24.10$ 25.25$ 26.51$
Supervising Adminsitrative Assistant PERS Retiree 9921 964 25.36$ 26.51$ 27.78$ 29.16$ 31.13$
Transit Manager PERS Retiree 926303 9330 40.91$ 43.47$ 46.02$ 48.58$ 51.13$
Temp Senior Civil Engineer PERS Retiree 9932 966 39.33$ 42.93$ 44.53$ 46.76$ 49.13$
Effective 7/8/2021
Page 848 of 1183
Labor Relations Objectives
Adopted by Council September 23, 2014
Revised by Council March 20, 2018
1. Maintain fiscal responsibility by ensuring that fair and responsible employee
compensation expenditures are supported by on-going revenues. (Theme –
Fiscal Responsibility)
2. Continue to make progress in the area of long-term systemic pension cost
containment and reduction, including reversing the unfunded pension liability
trend and other actions consistent with State law. (Theme – Cost
Containment/Reduction)
3. Continue to effectively manage escalating health benefit costs through balanced
cost sharing and other means while maintaining comprehensive health care
coverage for all eligible employees. (Theme – Cost Containment)
4. As necessary to attract and retain well qualified employees at all levels of the
organization, provide competitive compensation as articulated in the City’s
Compensation Philosophy, including relevant local, statewide or national labor
markets. (Theme – Recruitment and Retention)
5. Employee labor agreements will be negotiated in good faith, in a timely manner
that avoids retroactivity provisions unless there is a compelling need. (Theme –
Cost Containment)
6. Contract provisions shall take into consideration the City’s ability to effectively
and efficiently implement and administer them using the City’s financial and
human resources systems to ensure accuracy and compliance with federal,
state, and local laws. (Theme – Best Practices and Compliance)
Page 849 of 1183
Page 850 of 1183
RESOLUTION NO . 10248 (2011 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO MODIFYING IT S
COMPENSATION PHILOSOPHY SUPERSEDING PREVIOU S
RESOLUTIONS IN CONFLIC T
WHEREAS,the City of San Luis Obispo strives to provide excellent service to th e
community at all times, and supports this standard by promoting organizational values includin g
customer service, productivity, accountability, innovation, initiative, stewardship, and ethics ; an d
WHEREAS,to achieve our service standards, the City must attract and retain wel l
qualified employees who exemplify our organizational values ; an d
WHEREAS,fostering an environment attractive to such employees depends upon man y
factors, including a competitive compensation program .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo that the City's compensation philosophy is adopted as follows :
SECTION 1 .The City is committed to providing competitive compensation as part o f
an overall strategy of attracting and retaining well qualified employees who exemplify ou r
organizational values .
SECTION 2 . The City will consider total compensation, including but not limited to ,
salary, health, retirement, and time off benefits .
SECTION 3 .In evaluating competitive compensation, the City considers :
A.Financial sustainability including the City's financial condition as reflecte d
throughout the financial forecast, competing service priorities, maintenance needs, capita l
improvement and other asset requirements, fund reserve levels, and revenue projections prior t o
implementing changes in compensation .
B.Community acceptability since taxpayers and ratepayers ultimately fund al l
employee compensation .
C.The "relevant labor market"that may vary depending upon classification and i s
primarily defined by the geographic region (local, state-wide, or national) and key market s
(municipal, other government agencies, private sector) where labor talent is found, recruite d
from, and/or lost.
When the relevant labor market is defined as "local"; local private sector compensation data wil l
be considered along with local public sector compensation (municipal and other governmen t
agencies . When the relevant labor market is statewide or national, the City will conside r
compensation date for public sector agencies (municipal and other government) with severa l
R 10248
Page 851 of 1183
Resolution No . 10248 (2011 Series )
Page 2
comparable demographic data points including but not limited to population, median home price ,
median household income, median age, median education level, services provided, an d
unemployment rate . Quality of life should also be considered when selecting comparable
municipal and other government agencies .
D."Internal relationships"referring to the relative value of classifications to on e
another as determined by the City . Classifications performing comparable duties, wit h
comparable responsibilities, requiring a similar level of skill, knowledge, ability, and judgment ,
will be valued similarly in the City's compensation structures .
E.Other relevant factors may include unforeseen economic changes, natura l
disasters, states of emergency, changes in City services, and changes in regulatory or lega l
requirements .
SECTION 4 .At least every five years, the City will evaluate its compensation structure ,
programs, and policies to assess market competitiveness, effectiveness, and compliance with Stat e
Law . Adjustments to the compensation structure may be made as a result of this periodi c
evaluation and will be done through the collective bargaining process, if applicable, or othe r
appropriate Council-management processes .
Upon motion of Council Member Carter, seconded by Council Member Carpenter, and o n
the following vote :
AYES :
Council Members Carpenter, Carter and Smith, and Mayor Mar x
NOES :
Vice Mayor Ashbaug h
ABSENT : Non e
The foregoing resolution was adopted on March 15, 2011 .
ATTEST :
Elaina Can o
City Clerk
APPROVED AS TO FORM :
Page 852 of 1183