HomeMy WebLinkAbout8575-8579RESOLUTION NO. 8579 (1996 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT FOR THE
SANTA ROSA STREET BRIDGE REPLACEMENT (ER 113 -95.)
The Council of the City of San Luis Obispo resolves as follows:
Findings
1. On February 5, 1996 the City published and made available for public review a mitigated
negative declaration based on an initial study of environmental impact for the proposed
replacement of the Santa Rosa Street Bridge, in accordance with the California
Environmental Quality Act and the City's Environmental Impact Procedures and
Guidelines.
2. The Council has reviewed and considered the initial study, and has found that there will
be no significant environmental impacts. Potential impacts will be mitigated to an
acceptable level due to features incorporated into the project design and construction.
These mitigation measures and monitoring responsibilities are identified in the initial
study, on file in the Community Development Department.
Action
1. The Council hereby approves a negative declaration.
On motion of Vice Mayor Williams ,seconded by Council Member Smith
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 2.0th day of August
1996.
Mayor Allen K. Settle
ATTEST:
APPROVED as to form:
Clerk / /
R -R 579
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RESOLUTION NO. 8578 (1996 SERIFS)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO
IMPLEMENTING WATER SYSTEM ACCESS CHARGES
WHEREAS, the City Council of the City of San Luis Obispo has determined that
water access charges are necessary to pay for the costs associated with providing water
system access and should be applied to any property owner within the City who does not
have a water meter but is attached to the City's water system for emergency purposes, such
as fire protection; and
WHEREAS, after an analysis of the costs associated with providing distribution
facilities necessary to serve City customers, divided by the number of the total) number of
water meters, it. has been determined that the monthly access charge will be $22.40;
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WHEREAS, this fee will be modified annually according to any percentage change in
future water service rate adjustments; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby establishes a monthly water system access charge payable by the
property owners in the amount of $22.40, to become effective November 1, 1996.
BE IT FURTHER RESOLVED that the City Council of the City of San Luis Obispo
hereby authorizes the San Luis Obispo County Assessor to access the amounts due as liens
against the developed properties.
On motion of vice Mayor Williams ,seconded by Council Member. Smith ,
and on the following roll call vote:
AYES: Council Members Williams, Smith, Rom eronandoMayor Settle
NOES: Council Member Roalman
ABSENT: None
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The foregoing Resolution was adopted on this day of ?! a 1996.
ATTEST:
Mayor All Set e
.• i
APPROVED AS TO FORK
v1Q�17:12SW �
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R -8578
Water System Access Charges
1996 Water Fund Budget Information
Source of Supply = $2,354,737
Treatment = $2,308,088
Distribution System = $3,527,675
TOTAL $89190,500
Alternative A: Fixed Fee
Total Number of Water Meters = 13,138
Monthly Charge per Meter = $3,527,675 _ 13,138 - 12
= $22.40 per month
Alternative B: Fee Based on Estimated Meter Size
Number of meter equivalents:
Meter Size
Number
Service Unit Equiv.
Total Svc Units
5/8"
77229
1.0
7,229
3/4"
3,589
1.0
3,589
1'
1,682
2.0
3,364
1.5"
290
4.0
15160
2"
280
6.4
1,792
3"
16
14.0
1 224
4"
34
22.0
748
6"
18
45.0
810
TOTAL 13,138 189916
Water System Access Charges
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Cost per Month per Meter Equivalent
= $3,5279675 - 18,916 _ 12
= $15.55 per month for 5/8" & 3/4" meters
Fee Based on Estimated Meter Size
Meter Size
Monthly Charge
5/8" & 3/4"
$15.55
1"
$31._10
1.5"
$62.20
2"
$99.50
3"
$217.70
4"
$342.10
6"
$699.75
Alternative C: Fee Based on Square Footage
Estimated existing commercial space = 8,000,000 fe
Approximately 35% of water use is for commercial uses
Monthly charge per square foot .35 x $3,527,675 _ 8,000,000 ft2 = 12
= $0.013 per square foot of building served
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RESOLUTION NO. 8577 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO 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 19 1996 - JUNE 309 1998
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Police Officers' Associations, attached hereto as Exhibit "A: and
incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated 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: Gil Rendon, San Luis Obispo Police
Officers' Association, and Ann Slate, Personnel Director.
Upon motion of Council Member Romero seconded by
vice Mayor Williams , and on the following roll call vote:
AYES' Council Members Romero, Williams, Roalman and Mayor Settle
NOES: None
ABSENT: Council Member Smith
the foregoing resolution was adopted this 20th day of August
1996.
ATTEST:
ity Clerk Bo ie Gaw
APPROVED AS TO FORM:
pyowo=
R -8577
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
POLICE OFFICERS' ASSOCIATION
JULY 1, 1996 - JUNE 30, 1998
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TABLE OF CONTENT
Article No. Title
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Preamble ............................
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Recognition ...........................
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Check Off /Dues Deduction ................
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Employee Rights .......................
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Management Rights .....................
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Representative Role .....................
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Salary ..............................
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Master Police Officer Program .............
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Communications Training Officer Program .....
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Bilingual Pay ......................
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Overtime - Sworn .....................
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Overtime - Non -Sworn ..................
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Work Out -Of -Grade ....................
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Standby ............................
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Education Incentive ....................
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Uniform Allowance ....................
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Health Care Insurance ...................
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Retirement ..........................
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Seniority ............................
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Holidays ............................
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Vacation ............................
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Sick Leave ..........................
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Family Leave .........................
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Bereavement Leave ....................
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Catastrophic Leave ....................
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Workers' Compensation Leave ..............
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General Provisions .....................
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Residency Requirements .................
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Definitions ... *.........................
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Grievance Procedure ...................
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Layoffs .............................
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Work Actions ............... .... .
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Communication Process .................
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Equipment ..........................
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Light Duty ............................
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Emergency Medical Dispatch ..............
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Full Agreement ... .............. ...
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Savings Clause .......................
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Renegotiations .......................
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Term of Agreement .....................
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Appendix A - Classification ...............
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Appendix B - Grievance Forms ..............
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ARTICLE 1
PREAMBLE -
1.1 This Agreement is made and entered. into, this 1st day of July, 1996, by and
between the City of San Luis Obispo, hereinafter referred to as City, and the
San Luis Obispo Police Officers' Association.
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 City Resolution No. 6620 (1989 Series)
unless so stipulated to by provision(s) contained herein and agreed to.
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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..
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ARTICLE 3
CHECK OFF /DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the
Association treasurer which dues shall not include assessments.
3.2. Dues deduction, additions, and /or deletions shall be recorded by the City's
Finance Officer and a notification of all dues transactions shall be sent
monthly to the Association President.
3.3 The Association shall hold the City harmless from any and all claims, and
will indemnify it against any unusual costs in implementing these provisions.
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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 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.
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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.
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1 ARTICLE 6
2 REPRESENTATIVE ROLE
3 Members of the Association may, by a reasonable method, select not more than
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three employee members and one employee observer to meet and confer with the
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6 Municipal Employee Relations Officer and other management officials (after written
7 certification of such selection is provided by the Association) on subjects within
8 the scope of representation during regular duty or work hours without loss of
9 compensation or other benefits. The Association shall, whenever practicable,
10 submit the name(s) of each employee representative to the Municipal Employee
11 Relations Officer at least two working days in advance of such meetings.
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Provided further:
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14 (A) That no employee representative shall leave his or her duty or work
15 station or assignment without specific approval of the Police Chief or
16 other authorized City management official. If employee
17 representatives cannot be released, date of meeting will be
18 rescheduled in accordance with item (B) below.
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(B) That any such meeting is subject to scheduling by City management
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21 consistent with operating needs and work schedules... Nothing
22 provided herein, however, shall limit or restrict City management from
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ARTICLE 7
SALARY
7.1 Rules- Governing Step Increases
The rules governing step increases for employees covered by this MOA are
included in the current Salary Resolution with the following modification:
The Police Chief shall be authorized to reevaluate employees who reach 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 Police Chief intends to
reduce him one step unless his job performance improves significantly within
a 60 -day period. Unless the employee's job performance improves to an
acceptable level by the end of 60 days, the pay reduction shall then become
effective. The top step may be reinstated at any time upon recommendation
of the Police Chief. If the Police Chief deems it necessary to again remove
the top step during the same fiscal year, he may make the change at any
time with three business days' advanced written'notice.
The salary range for Police Officer consists of eight steps (A through H).
Steps A through G equal 95% of the next highest step, computed to the
nearest $ 1.00.
The salary range for Communications Technician, Evidence Technician and
Field Services Technician consists of five steps (A through E).
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Each across - the -board % salary increase shall raise each step of the range
by the %: Step E of each successive salary range will be 2.6% above step
E 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. Employees who
are eligible for advancement to top step must receive a, "Meets Performance
Standards" or better on the overall rating on their most recent Performance
Appraisal prior to or coincident with their being eligible for advancement by
time in grade.
Employees who are eligible for advancement to step D or E must receive a
"Meets Performance Standards" or better on the overall rating on their most
recent Performance Appraisal prior to or coincident with their being eligible
for advancement by time in grade.
7.2 Salary Increases for Term of Agreement
Salary increases will be paid on the first day of the first full pay period
following the dates listed below:
July 1, 1996 Sworn personnel 2:5%
July 1, 1997
Non sworn personnel 2.75%
Sworn personnel 3.0%
Non sworn personnel 3.0%
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7.3 Salary Range Listing
- July
1996
Through
June
1998
July 1, 1996
1,163
1,225
1,290
1,356
1,429
524 Evidence
Step A
Step B
Step C
Step D
Step E Step F Step G Step H
Salary Position
Monthly/
Monthly/
Monthly/
.Monthly/
Monthly/ Monthly/ Monthly/ Monthly/
Range Title
Bi- Weekly Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly
512 Field Service
2,520
2,654
2,794
2,939
3,097
Technician
1,163,
1,225
1,290
1,356
1,429
512 Communications
2,520
2,654
2,794
2,939
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1,163
1,225
1,290
1,356
1,429
524 Evidence
3,440
3,622
3,811
4,016
4,225
Technician
1,587
1,672
1,759
1,854
1,950
700 Police Officer 2,987 3,147 3,307 3,487 3,667 3,858 4,064 4,277
1,379 1,452 1,526 . 1,609 1,692 11780 1,876 1,974
July 1, 1997
2,595
2,734
2,879
3,026
3,189
Technician 1
Step A
Step B
Step C
Step D
Step E Step F Step G Step H
Salary Position.
Monthly/
Monthly/
Monthly /
Monthly/
Monthly/ Monthly/ Monthly/ Monthly/
Range Title
Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly
512 Field Service
2,595
2,734
2,879
3,026
3,189
Technician
1,198
1,262
1,329
1,397
1,472
512 Communications
2,595
2,734
2,879
3,026
3,189
Technician 1
1,198
1,262
1,329
1,397
1,472
524 Evidence
3,542
3,731
3,926
4,138
4,352
Technician
1,635
1,722
1,812
1,910
2,009
700 Police Officer 3,077 3,240 3,406 3,591 3,776 3,972 4,187 4,405
1,420 1,496 1,572 1,6.57 1,743 11833 1,932 2,033
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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:
Field Training Officer 2 years
S.O.R.T. 2 years
Traffic Officer 4 years
Investigator 4 years
Crime Scene Investigator 4 years
Range Master; 4 years
• Applicable for MPO III only
8.2 To be eligible for compensation under this program, 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 three steps on
the salary range.
8.4 Master Police Officer I
Two full years at Step E of the salary range.
Must have obtained an Intermediate POST certificate.
Must have successfully completed two years in a specialty assignment.
Compensation: Police Officer Step F
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8.5 Master-Police Officer II
Two full years at the Master Police Officer] level.-
Must have obtained an Advanced POST certificate.
Must have successfully completed two years in a second separate
assignment.
Compensation: Police Officer Step G.
8.6 Master Police Officer III
Two full years at the Master Police Officer II level.
Twelve years in law enforcement.
Must have successfully completed two years in a third specialty
assignment.
(Reassignment, with a break in service, to the same assignment will be
credited as a third assignment.)
One of the specialty assignments must have been (or- be) for four full
years. To be credited for purposes of compensation, an 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.
Compensation: Police Officer Step H.
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Officers at the MPO III level will be permitted to wear a two stripe insignia
(otherwise recognized as Corporal stripes) recognizing their status as
determined by Department uniform policy.
Any employee who has previously held a specialty assignment in SORT,
but did not complete the stated time requirements as stated above, (except
for disciplinary removal) will be credited with two years service in that
specialty assignment.
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ARTICLE 9
COMMUNICATIONS TRAINING'OFFICER PROGRAM
9.1 This program provides for the specialty assignment of a maximum of two
Communications Training Officers (CTO's) who serve at the pleasure of the
Police Chief. Compensation for such assignment shall be a one step
(5.26 %) increase in base pay for that period of time a CTO is actually
training a new employee. CTO pay shall commence the first day of the full
Pay period after the trainee is assigned to the CTO.
9.2 Effective January 1,1997, compensation for such assignment shall be 2.5%
increase in base pay for one year for the two CTO's. Prior to January 1,
1997, the City shall develop a job description outlining specific duties and
responsibilities of the assignment. Continuation of this provision past
December 30, 1997, shall be at the discretion of the Police Chief.
9.3 Scheduling of CTO's will be done by the Police Communications Supervisor.
Both parties agree there is no requirement to have one training officer on
each shift whenever it is necessary to train new people..
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ARTICLE 10
BILINGUAL PAY--:-
10.1 Effective January 1, 1997, employees certified as bilingual in Spanish
through a testing process shall receive a bilingual payment of $35 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.
10.2 Prior to January 1, 1997, the City and the Association will develop
proficiency and testing standards which employees must meet to qualify for
bilingual pay.
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11.1 DEFINITION
ARTICLE 11
OVERTIME'= SWORN
Overtime is defined as all hours worked in excess of 160 hours worked in
the employee's 28, day work period. Vacation, holidays, sick leave,. IOD,
and compensatory time off, shall be considered hours worked when
computing overtime.
11.2 ELIGIBILITY
All sworn employees covered by this Agreement shall be eligible for overtime
pay.
11.3 COMPENSATION
A. Overtime hours 161 through 171 worked in the employee's 28 day
work period, shall, at the employee's option, be compensated in cash
at time and one half the employee's regular rate of pay or in time off
compensated at time and one half. However, no employee shall
accumulate and have current credit for more than 48 hours of
compensatory time off.
B. Overtime earned in excess of the first 1.11 .hours of overtime earned in
the employee's 28 day work period, shall be compensated in cash at
time and one half the employee's regular rate of pay.
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11.4 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.
11.5 CALL BACK
Employees called back to work at other than their normally scheduled shift
shall be guaranteed two -hour minimum payment at time and one half.
11.6 COURT TIME
(A) Employees reporting for court duty shall be guaranteed two hours
minimum payment at straight time when assigned. to the day watch or
three hours minimum at straight time when assigned to night watch.
(B) Employees required to work through the lunch break while on court
duty shall be credited with time worked.
(C) Two or more court cases occurring within the minimum time period
shall be subject to a single minimum payment.
11.7 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.
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11.8 TRAINING
Employees called back for training sessions authorized by the Police Chief or
Watch Commander shall be guaranteed two -hour, minimum payment. at
straight time.
11.9 RANGE QUALIFICATION
A. Sworn personnel shall be guaranteed two hours at straight time when
participating in range qualification training when off duty.
B.. Each sworn employee who shoots for qualification shall be provided
100 rounds of practice ammunition each month.
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ARTICLE 12
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OVERTIME - NON -SWORN
12.1 DEFINITION
Overtime is defined as all hours worked in excess of 40 hours worked in a
work week. Vacation, holidays, sick leave, IOD and compensatory time off,
shall be considered hours worked when computing overtime.
12.2 ELIGIBILITY
All non -sworn employees covered by this Agreement shall be eligible for
overtime pay.
12.3 COMPENSATION
Overtime shall be compensated in cash at time and one half the employee's
regular rate of pay or in time off compensated at time and one half.
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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 work days, or eighty
consecutive work hours, in which case the step increase becomes
effective on the first work day.
B. The person being temporarily replaced is on extended sick or disability
leave or the position is vacant and an examination is pending.
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ARTICLE 14
STANDBY
14.1 DEFINITION
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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
his /her assigned duties upon call.
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.
14.2 COMPENSATION
Non - investigator
A. Sworn personnel placed on standby shall be compensated one hour's
pay for each five hours standby.
B. Such employees shall be paid a minimum of three hours straight time
when on standby.
C. Each calendar day starts a new standby period.
Investigator
A. Investigators placed on standby shall be compensated $12.00 per day
Monday through Friday, and $16.00 per day for other days of
standby.
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B. Standby shall be rotated among the assigned investigators. Normally,
the standby assignment shall be for one week.
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ARTICLE 16
EDUCATION INCENTIVE.
The educational incentive pay plan shall continue as described below for 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 for
employees employed prior to July 1, 1981, will consist of one -half step
above the base salary for possession of an A.A. or equivalent degree from
an accredited community or junior college, or 60 or more semester units, or
a City- approved equivalent; one full step for a B.A. or equivalent degree fror
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.
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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 Personnel Director shall be required.
D. UNSATISFACTORY PERFORMANCE. In the event an employee receiving the
incentive pay is not, performing up to the established standards set'for the
job, the Chief of Police, with the concurrence of the City Administrative
Officer, may suspend payment of the incentive pay or Step E of the salary
range, but not both, until such -time as the employee's performance comes
up to the standard level, in the opinion of the Chief of Police and in
concurrence of the City Administrative Officer.
E. NON - APPLICABILITY. Educational incentives shall not be paid for education
received on City time. The education incentive will be removed if the
employee is promoted to a position which does not entitle employees p
such incentives.
F. NEW EMPLOYEES. The basic benefit for employee's hired on or after July
1, 1981 shall be a five percent step increase for a, period of one fiscal year
if during the previous fiscal year the employee has successfully completed -
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i.e., grades of "C" or better in all courses -- a minimum of nine semester
units of college level classroom work, or City approved equivalent; approved
by the Chief of Police, provided that this benefit shall be payable only for
classroom work done after completion of the probationary period.
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ARTICLE 16
UNIFORM ALLOWANCE
16.1 Each employee required to wear a uniform shall receive an annual uniform
allowance as provided below, and is expected to purchase and maintain in
good repair.a_II required uniform pieces.
16.2 The uniform allowance shall be:
1 July 1996 $775.00
1 July 1997 $800.00
This shall be issued to the employee each July in a lump sum payment on a
separate check exclusive of any taxes or other withholding unless
specifically required by federal or state law.
16.3 If an employee is off duty for more than three pay periods, the following
July's allowance should be reduced by the appropriate prorated amount.
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17.1 CONTRIBUTION
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ARTICLE 17
HEALTH CARE INSURANCE
City shall contribute $415.00 per month for Cafeteria Plan benefits for each
regular, full time employee covered by this agreement. Less than full -time
employees shall receive a prorated share of the City's contribution.
17.2 INSURANCE COVERAGE
A. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program
with the "unequal contribution option" at the PERS minimum
contribution rate, currently $16.00 per month for active employees
and $1.00 per month for retirees. The City's contribution toward
retirees shall be increased by 5 % per year of the City's contribution
for the active employees until such time as the contributions for
employees and retirees are equal. The City's contribution will come
out of that amount the City currently contributes to employees as part
of the Cafeteria Plan. 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'. In summary, this cost
and any increases will be borne by the employees.
B. Health Insurance Coverage Ootional Participation
Employees with proof of medical insurance elsewhere are not required
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to participate ,in the PERS-Health Benefit Program and may receive the
unused portion of the City's contribution (after dental and vision
insurance is deducted) in cash in accordance with the City's Cafeteria
Plan. Those employees 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 eicclusively 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.
C. Dental and Vision Insurance /Dependent Coverage
Employees will be required to participate in the City's dental and
vision plans at the employee only rate. Should they elect to cover
dependents in the City's dental and vision plans, they may do so,
even if they do not have dependent coverage under PERS.
17.3 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.
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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 flexible benefits 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 flexible
benefits plan and the insurance plans offered under the MOA.
3. Disseminate information and educate employees about the
City's flexible benefits 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
completion of meet and confer requirements between the City
and the Association.
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3. If changes to the City's flexible benefits 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.
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ARTICLE 18
RETIREMENT
18.1 The City agrees to provide the Public Employees' Retirement System's
(PERS) 2% at age 50 plan to all sworn personnel and 2% at age 60 for all
non -sworn personnel. The 2% at age 50 plan includes four amendments,
namely, Post Retirement Survivor Allowance, the 1959 Survivor's Benefit,
age 50 voluntary retirement, and one -year final compensation (except all
employees hired as sworn officers on or after 1 July 1987 shall have their
final compensation for retirement purposes figured on their highest three
years) and conversion of unused sick leave credit to additional retirement
credit. The 2% at 60 plan has three amendments, 1959 Survivor's Benefit,
one year final compensation, and conversion of unused sick leave credit to
additional retirement credit.
18.2 In addition to the employer contribution paid by the City, the City will pay
the employee's contribution to PERS to a maximum of 9% for sworn
personnel and 7% for non -sworn personnel.
18.3 The City agrees to report as salary all Employer -Paid Member Contributions
for full -time employees to PERS for the purposes of retirement credit as soon
as the Finance Department's computer system is upgraded to handle the
calculations.
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A. The City and Association agree that the additional PIERS costs
resulting from this action will be paid by the employees. This action is
not intended to increase any other salary driven costs (e.g. workers'
compensation, etc.).
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ARTICLE 19
SENIORITY
19.1 Overall seniority in a specific job classification (i.e., Police Officer,
Communications Technician, Field Service Technician, 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,
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ARTICLE 20
HOLIDAYS
.20.1 For all employees, holiday leave shall be accrued as earned each payroll
period at a rate of eight hours per month. The following days of each year
are designated holidays for non -shift employees:
January 1 - New Year's Day
January 15 - Martin Luther King's Birthday
Third Monday in February - Washington's Birthday
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September- Labor Day
September 9 - Admission Day -
Fourth Monday in October Veteran's Day
Fourth Thursday in November Thanksgiving Day
December 25 - Christmas
Employee's Birthday
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..
20.3 Except with the prior approval of the Chief, non -shift personnel shall take
the holidays as scheduled above.
20.4 If the department is unable to allow shift employees to take holiday . leave,
the Chief may approve payoff of holiday leave on a §traight time basis. The
payoff may occur once quarterly. This payoff is subject to annual approval
of the Chief.
20.5 Employees may accrue a maximum of holiday time not to exceed 96 hours.
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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 per 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 Sellback
All employees in this unit are eligible, once annually in December, to request
payment for up to 36 hours of unused vacation leave provided that an
employee's overall performance and attendance practices are satisfactory.
Payment for unused vacation leave is subject to the availability of budgeted
funds. Effective December 1997, employees may request payment for up to
48 hours of vacation time in accordance with this policy.
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ARTICLE 22
SICK LEAVE
22.1 Sick leave is governed by Section 2.36.420 of the Municipal Code.
22.2 Upon termination of employment by death or retirement, a percentage of the
dollar value of the employee's accumulated sick leave will be paid to the
employee, or the designated beneficiary or beneficiaries according to the
following schedule:
A. Death - 26%
B. Retirement and actual commencement of PERS benefits:
1. After ten years of continuous employment - 10%
2. After twenty years of continuous employment 15%
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ARTICLE 23
FAMILY LEAVE
23.1 An employee may take up to 16 hours of sick leave per year if required to be
away from the job to personally care for a member of his /her immediate
family.
.23.2 An employee may take up to 40 hours of sick leave per year if the family
member is a part of the employee's household.
23.3 An employee may take up to 56 hours of sick leave per year if the family
member is part of the employee's household and is hospitalized. The
employee shall submit written verification of such hospitalization.
23.4 The amounts shown above are annual maximums, not maximums per
qualifying family member. A member of the employee's immediate family,
shall mean spouse, child, brother, sister, parent, parent -in -law, step - parent,
step- brother, step- sister, grandparent, or any other relative living in the same
household.
23.5 In conjunction with existing leave benefits, unit employees with one year of
City service who have worked at. least 1280 hours in the last year may be
eligible for up to 12 weeks of Family /Medical Leave within any 12 month
period. Family /Medical leave can be used for:
A. A new child through birth, adoption or foster care (maternal or
paternal leave).
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B. A seriously ill child;-spouse or parent who requires hospitalization or
continuing treatment by a physician:
C. Placement of an employee's child for adoption or foster care.
D. A serious health condition which makes the employee unable to
perform the functions of his or her position.
This leave shall be in addition to leave available to employees under the
existing four month Pregnancy Disability Leave provided by California law.
Paid leave, if used for family leave purposes or personal illness, will be
subtracted from the 12 weeks allowed by the Family /Medical Leave
Program. employees must use all available vacation, compensatory time off
and holiday leave and, if appropriate, sick leave prior to receiving unpaid
Family /Medical Leave.
23.6 Employees on Family /Medical Leave will continue to receive the City's
contribution toward the cost of health insurance ,premiums. However,
employees who receive cash back under the City's flexible benefit Plan will
not receive that cash during the Family /Medical Leave. Only City group
health insurance premiums will be paid by the City.
23.7 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.
A. The continuation of a serious health condition of the employee or a
covered family member prevents the return.
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B. Circumstances beyond the employee's control.
.Further details on Family /Medical Leave are available through the City's
"Guide to Family /Medical Leave Program ".
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ARTICLE -_ 24
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, child, brother, sister, parent,
parent -in -law, step - parent, step - brother, step- sister, grandparent, 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 of relationship shall be cause for discharge.
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ARTICLE 25
CATASTROPHIC LEAVE
25.1 Upon request of an employee and upon approval of the Chief of Police, leave)
credits (vacation, compensatory time off, or holiday time) maybe transferred)
from one or more employees (donors) to another. employee (recipient). The
recipient may participate in the program under the six following conditions:
A. The recipient is a regular employee;
B. The recipient has sustained a life threatening or debilitating illness,
injury or condition; (The Chief may require that the condition be
confirmed by a doctor's report.); or
C. A member of the recipient's immediate family, as defined in Article
23, has sustained a life threatening or debilitating illness, injury or
condition; (The Chief may require that the condition be confirmed by a
doctor's report.)
D. The recipient has exhausted all paid leave; or, in the case of illness of
or injury to a recipient's immediate family member, all allowed leave.
E. The recipient must be prevented from returning to work for at least 30
days and have applied for a leave of absence without pay for medical
reasons. This condition does not apply when the illness or injury
involves a member of the recipient's immediate family, rather than the
recipient.
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F. The request for participation the program shall be made on an
Application for Catastrophic Leave Program form.
125.2 Transferring Time
The following rules apply when donations of time occur:
A. Vacation, compensatory time off, and holiday leave, may be
transferred by regular employees.
B. The time will be converted from the type of leave given (i.e. vacation,
holiday, etc.) to sick leave or family. care leave, whichever is
appropriate, and credited to the recipient's leave time balance on an
hour - for -hour basis and shall be paid at the rate of pay of the receiving
employee;
C. The donations must be a minimum of four hours and, thereafter, in
whole hour increments;
D. The total leave credits received by the employee shall normally not
exceed three months; however, if approved by the Chief, the total
leave credits received may be up to a maximum of six months;
E. Recipients of family care leave will be allowed :to use all hours
received, up to the limits of this policy (see D. above), even though
such use exceeds the limits for family care leave found in Article 23.
F. Donations approved shall be made on a Donation of Time Credits form
signed by the donating employee. These donations are irrevocable
under any conditions.
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25.3 Appeal Rights
If an employee is denied participation in the program by the Chief, he /she
may appeal this initial decision. jointly to the Personnel Director and the City
Administrative Officer. Their decision will be final.
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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 his base
salary and the amount. provided by workers' compensation law during the first 90
business days of such disability absence.
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ARTICLE 27
GENERAL PROVISIONS
27.1 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.
27.2 Paychecks Prior to Vacation
If an employee is taking vacation leave and wishes to receive his regular
paycheck before payday, the employee must notify the Finance Department
in writing at least two weeks prior to the start of vacation provided the
employee has sufficient vacation time coming to cover the pay period.
27.3 Salary Survey Agencies
For the purposes of external comparisons the agencies to be used for review
of compensation shall be the same survey agencies as the City uses for
other city employees. Parties agree that this survey shall be based on total
compensation and shall only be one of the considerations used to determine .
compensation.
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ARTICLE 28
RESIDENCY REQUIREMENTS
An officers place of residence shall be within a 45 minute driving radius from the
San Luis Obispo Police Department.
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ARTICLE 29
DEFINITIONS
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For purposes of uniformity in the performance evaluation process, the following
definitions are provided:
UNACCEPTABLE
Consistently fails to meet performance standards and objectives for the position.
Performance indicates serious lack of knowledge of basic skills or lack of
application of skills. Requires immediate attention and improvement.
IMPROVEMENT NEEDED
Performance is frequently less than expected of a competent employee for the
position. Performance indicates some deficiency in basic skill, knowledge or
application. Specific efforts to improve desired.
MEETS PERFORMANCE STANDARDS
Performance indicates competent and effective adherence to expected standards.
Performance indicates fully acceptable demonstration of knowledge and skills.
EXCEEDS PERFORMANCE STANDARDS
Performance consistently above standards for position. Performance indicates
superior knowledge and application of skills.
OUTSTANDING.
Exceptional performance. Application of knowledge, skills and results are
consistently well beyond the expected standard for position.
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.. ARTICLE_ 30
GRIEVANCE PROCEDURE
30.1 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 emmployee
should be clearly identified as a formal grievance. This will be accomplished
through the use of a formal grievance form (See Appendix B).
30.2 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 his /her immediate supervisor. As a courtesy, the
employee should advise his /her 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.
30.3 After consideration of a formal grievance; which could include consultation
and /or further discussion, the Chief, within 15 days of the filing of the
formal grievance, will provide a written response to the employee
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representatives advising of his decision.
30.4 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
conferring with the Association as provided in Sections 7, 8 and 9 of
Resolution No. 6620.
30.5 The grievance procedures shall be outlined in the Personnel Rules and
Regulations.
30.6 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 merits.
30.7 A grievance is appealable, following several preliminary steps, to a Hearing
Officer whose decision shall be final. A list of five potential hearing officers
shall be obtained from the State Mediation and Conciliation Service by
mutual consent. Then following a random determination of which party
begins, parties shall alternately strike one name from the list until only one
remains. Any fees or expenses of the Hearing Officer shall be payable one-
half by the City and one -half by the appellant. All other expenses shall be
borne by the party incurring the expense.
30.8 The City reserves the right to make the Hearing Officer's opinion advisory or
to replace the Hearing Officer position in the grievance process with the
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Personnel Board for the Association provided that:
A. The Hearing Officer has ruled on at least five separate grievances for
the Association; and
B. The City has been sustained in at least 65 percent of the
determinations on grievances filed by members of the Association.
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ARTICLE 31
LAYOFFS
31.1 Layoffs shall be governed by job performance and seniority in service within
a the department and job classification. For the purpose of implementing
this provision, job performance categories shall be defined as follows:
Category 1:
Performance that is Unacceptable or Improvement Needed.
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.
31.2 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
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job performance category. 'Employees in Category I with the lowest
seniority will be laid off first, followed by employees in Category li. 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.
31.3 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 promotion list. The employee to be rehired, must, at the time of
rehire, meet the minimum qualifications as stated in the appropriate class
specifications. Employee will be rehired on the basis of last out, first in.
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ARTICLE 32
WORK ACTIONS
32.1 Participation by an employee in a strike or a concerted work stoppage is
unlawful and 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.
32.2 The Association shall not hinder, delay, interfere, or coerce employees of the
City in their peaceful performance of City services by strike, concerted work
stoppage, cessation of work, slow -down, sit -down, stay -away, or unlawful
picketing.
32.3 In the event that there occurs any strike, concerted work stoppage, or any
other form of interference with or limitation of the peaceful performance of
City services prohibited by this Article, the City, in addition to any other
lawful remedies or disciplinary actions, may by the action of the Municipal
Employee Relations Officer cancel any or all payroll deductions, prohibit the
use of bulletin boards, prohibit the use of City facilities, and withdraw
recognition of the Association.
32.4 Employee members of the Association shall not be locked out or prevented
by management officials from performing their assigned duties when such
employees are willing and able to perform such duties in the customary
manner and at a reasonable level of efficiency.
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32.5 Any decision made under the provisions of this Article may be appealed to
the City Council by filing a written Notice of Appeal with the City Clerk,
accompanied by a complete statement setting, forth all of the facts upon
which the appeal is based. Such Notice of Appeal must be filed within 10
working days after the Association first received notice of the decision upon
which the complaint is based, or it will be considered closed and not subject
to any other appeal.
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ARTICLE 33
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COMMUNICATION PROCESS
33.1 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.
33.2 Quarterly Meetings
Two to four representatives of the Association, the City Administrative
Officer (or designee), Chief of Police (or designee), and management
representatives) designated 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.
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ARTICLE 34
EQUIPMENT
34.1 The City and Association agree to establish a committee by November 1,
1996, to evaluate and develop a comprehensive list of required equipment.
34.2 The City agrees to provide each sworn employee of the Association a
Bianchi "Accumold" utility belt by July 1, 1997. The utility belt will only be
worn as directed by the Chief of Police. The utility belt will become the
property of the employee and the employee agrees to maintain this piece of
equipment.
A. The utility belt will consist of: belt, handcuff case, chemical spray
holder, baton holder (to fit the baton carried by the employee),
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.
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ARTICLE 35
LIGHT DUTY
The City and the Association agree that a light duty /return to work policy will be
established by mutual agreement by January 1, 1997. The Chief of Police, the
Association and the Personnel Department will work together to establish this
policy.
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ARTICLE 36
EMERGENCY MEDICAL DISPATCH.
If, during the term of this agreement, the City desires to implement an emergency
medical dispatch program, the City and Association agree to meet and confer prior
to implementation.
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ARTICLE 37
.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 Agreement
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 negotiate with respect to any
practice, subject or matter not specifically referred to or covered in this Agreement
even though such practice, subject or matter may not have been within the
knowledge of the parties at the time this Agreement was negotiated and signed.
In the event any new practice or subject matter arises during the term of this
Agreement and an action is proposed by the City, the Association will be afforded
notice and shall have the right to meet and confer upon request.
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ARTICLE 38
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 agree to invoke the provision of impasse under Section 13 of City
Resolution No. 6620 (1989 Series).
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ARTICLE 39
RENEGOTIATIONS
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 proposals must be submitted to the
other party no more than 135 days nor 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.
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ARTICLE 40
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 1996, and shall continue in
full force and effect until expiration at midnight, June 30, 1998. The City agrees
to provide the Association with 100 copies of this final MOA within 30 days of
signing.
SIGNATURES
1. Classification covered by this Agreement and included within this unit are
shown in Appendix "A ".
2. This Agreement does not apply to Temporary Employees or Part -time
Employees.
This Agreement was executed on June 30, 1996, by the following parties:
CITY OF SAN LUIS OBISPO
I'A
William Avery, City Consultant
SAN LUIS OBISPO
POLICE OFFICERS' ASSOCIATION
Paul A. Bechely, I'ORAC
Ann Slate, Personnel Director Gil Rendon, LOPOA
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APPENDIX A
CLASSIFICATION
Non - Sworn
Communications Technician I
Evidence Technician
Field Service Technician
Police Cadet
Sworn
Police Officer
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:APPENDIX B
GRIEVANCE FORMS
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CITY OF SAN LUIS OBISPO
FORMRL GRIEURNCE
INSTRUCTIONS: Grievance must be filed within 15 business days of the occurance. First discuss
with your Immediate Supervisor, then with your Supervisor's Superior. If not resolved, complete this
form and distribute in accordance with departmental procedures. ,•
Grievant's Name Please Print or Type
Class Title
Has this grievance been discussed with your Immediate Supervisor?
Date of Discussion
Name of Immediate Supervisor?
Title
Has this grievance been discussed with your Supervisor's Superior?
Date of Discussion
Name of your Supervisor's Superior?
Title
What is the action or situation about which you have a grievance?
(Be specific give: date,time, location, and witnesses.)
What do you think should be done about it?
What was your Supervisor's response?
What provision of the Rules, Regulations, or Agreement was violated?
Article of MOA
Department Rule
Date of Grievabce Incident
What other person do you want notified of any hearings held or actions taken on this grievance?
Name: Mailing Address:
His /Her role in grievance:
Grievance's Signature:
Date:
Received by:
Date:
CITY OF SAN LUIS OBISPO '
GRIEURNCEMPERL
1 NSTRUCTI DNS: Appeal to the City Administrative Officer must be filed within five (5) business days of
receipt of the Chief of Police's decision. Appeal to the Hearing Officer must be filed within five (5) business
days of receipt of the decision of the City Administrative Officer. Complete form and distribute in accordance
with departmental procedures. i
Grievant's Name (Please Print or Type)
Class Title
Date of Grievance Initiation
I wish to appeal the Grievance Response signed by:
Name Title Date
Level to which grievance is being appealed: Check One
❑ City Administrative Officer via Personnel Director ❑ Hearing Officer
Reason for Appeal:
Grievance's Signature:
Date:
Received by:
Date: _
RESOLUTION: NO. 8576(1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN
LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION FOR THE
PERIOD OF JULY 19 1996 - JUNE 309 1998
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby
resolves as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Police Staff Officers' Associations (SLOPSOA), attached hereto as Exhibit
"Aa and incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated 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: Jim English, San Luis Obispo Police
Staff Officers' Association, and Ann Slate, Personnel Director.
Upon motion of Council Member Romero seconded by
Vice Mayo=_Williams , and on the following roll call vote:
AYES: Council Members Romero, Williams, Roalman and Mayor Settle
NOES: None
ABSENT: Council Member Smith
the foregoing resolution was adopted this 20th day of August
1996.
ATTEST:
APPROVED AS TO FORM:
Mayor Allen Settle
R -8576
V
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY, OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
POLICE STAFF OFFICERS' ASSOCIATION
JULY 1, 1996 - JUNE 30, 1998
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Article No.
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TABLE OF CONTENTS
i I Page No.
Parties to Agreement ....................
1
Recognition ...........................
2
Check Off /Dues Deduction ................
3
Employee Rights .......................
4
Management Rights .....................
5
Representative Role ....................
6
Renegotiations ........................
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Salary ............, .................
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Overtime ...........................
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Payday... ........................
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General Provisions .....................
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Health Care Insurance ..................
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Retirement ..........................
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Uniform Allowance ...................
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Holidays ............................
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Vacation Leave .......................
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Administrative Leave ...................
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Sick Leave ..........................
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Family Leave .........................
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Bereavement Leave ....................
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Grievance Procedure ...................
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Disciplinary Action .....................
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Impasse Procedure .....................
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Full Agreement .......................
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Savings Clause .......................
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Term of Agreement ............. ......
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Authorized Agents .....................
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Term of Agreement ....................
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ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this 13th day of August, 1996, by and
between the City of San Luis Obispo, hereinafter referred to as the City, and the
San Luis Obispo Police Staff Officers' Association, hereinafter referred to as the
Association.
o
1 ARTICLE 2
2 RECOGNITION
3 Pursuant to Government Code Section 3500 et seq -and City Resolution No. 6620
4 (1989 Series), the City hereby recognizes the San Luis. Obispo Police Staff Officers
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Association as the exclusive bargaining representative for purposes of representing
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7 regular and probationary employees occupying the position classifications of Police
8 Sergeant, Police Lieutenant and Police Captain for the duration of this Agreement.
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ARTICLE 3
CHECK OFF /DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the
Association on a semi - monthly basis for the duration of this Agreement,
which dues shall not include assessments.
3.2 Monthly dues deduction, additions; and /or deletions shall be recorded by the
City's Finance Officer and a notification of all dues transactions shall be sent
semi- monthly to the Association President.
3.3 The Association shall hold the City harmless from any and all claims, and will
indemnify it against any unusual costs in implementing these provisions.
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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 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.
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1 ARTICLE 5
2 MANAGEMENT RIGHTS
3 The rights of the City include, but are not limited to, the exclusive right to
4 determine the mission of its constituent departments, commissions and boards; set
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standards of service; determine the procedures and standards of selection for
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7 employment and promotion; direct its employees; take disciplinary action; relieve
8 its employees from duty because of lack of work or for other legitimate reasons;
g maintain the efficiency of government operations; determine the methods, means
10 and personnel by which government operations are to be conducted; determine the
11 content of the job classifications; take all necessary actions to carry out its mission
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in emergencies; and exercise complete control and discretion over its organization
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and the technology for performing its work.
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ARTICLE 6
REPRESENTATIVE ROLE
Members of the Association may, by a reasonable method, select not more than
three employee members and one employee observer 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 on subjects within
the scope of representation during regular duty or work hours without loss of
compensation or other benefits. 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:
(1) 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 officials. If employee representatives
cannot be released, the date of the meeting will be rescheduled in
accordance with item (2) below.
(2) 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.
O
I ARTICLE 7
2 RENEGOTIATIONS
3 If at the expiration of the term of this Agreement, either party wishes to make
4 changes to this Agreement, that party shall serve upon the other its written
5
request to negotiate, as well as its initial proposals for an amended Agreement.
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7 Such notice and proposals must be submitted to the other party between 15 April
8 and 1 May. If notice is properly and timely given, negotiations shall commence no
9 later that 15 May.
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1 ARTICLE 8
2 SALARY
3 8.1 SECTION A: SALARY PROVISION FOR THE TERM OF AGREEMENT
4 Effective September 4, 1996, salaries shall be increased by 2.5:% for
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sergeants and 3:5% for lieutenants and captains. Effective the first day of
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7 the first full pay period of July, 1997, salaries shall be increased by 3% for
8 sergeants and 3.5% for lieutenants and captains.
g 8.2 SECTION B: RULES GOVERNING STEP INCREASES:
10 The following rules shall govern step increases for employees:
11 1. Each salary range consists of five steps (A through E). Steps A through
12
D equal 95% of the next highest step, computed to the nearest one
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dollar.
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15 Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
16 Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
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18 Each across -the board % salary increase shall raise step 5 of the
19 respective range by the %. After all step 5's of salary ranges have been
20 established, each step 5 shall be rounded off to the nearest $1:00 and
.21 the remaining steps established in accordance with the above formula.
22 2. The time in step progression for employees with satisfactory
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performance will be as follows:
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25 6 months at Step A
6 months at Step B
26 1 year at Step C
1 year at Step D
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3. Employees who are eligible for advancement to step ,D or E must receive
a "Meets Performance Standards" or better on the overall rating on their
most recent Performance Appraisal prior to or coincident with their being
eligible for advancement by time in grade.
4. The Police Chief shall be authorized to reevaluate employees who reach
Step E in their pay range. An employee Who is not performing up to
standard for the fifth step shall be notified in writing that the Police
Chief intends to reduce him /her one step unless his /her job performance
improves significantly Within a 60 day period: Unless the employee's job
performance improves to an acceptable level by the end of 60 days, the
pay reduction shall then become effective. The fifth step may be
reinstated at any time upon recommendation of the_ Police Chief. If the
Police Chief deems it necessary to again remove the fifth step during the
same fiscal year, he /she may make the change at any time with 'three
business days' advanced written notice.
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ARTICLE 9
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OVERTIME - SERGEANTS
9.1 DEFINITION
Overtime is defined as all hours worked in excess of 160 hours worked in the
employee's 28 day work period. Vacation, holidays, sick leave, IOD, and
compensatory time off shall be considered hours worked when computing
overtime.
19.2 ELIGIBILITY
Sergeants (except the Administrative Sergeant) shall be eligible for overtime
pay.
19.3 SHIFT ADJUSTMENT
When requested.to do so with at least 48 hours notice, sergeants will shift
adjust hour for hour for time spent on administrative assignments.
Administrative assignments shall include attending meetings, internal affairs
investigations, background investigations, and other duties of an
administrative nature. Shift adjustments will occur during the same 28 day
work period.
9.4 COMPENSATION
A. Overtime hours 161 through 171 worked in the employee's 28 day work
period, shall, at the employee's option, be compensated in cash at time
and one half the employee's regular rate of pay or in time off
compensated at time and one half. However, no employee shall
accumulate and have current credit for more that 48 hours of
compensatory time off.
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1 B. Overtime earned in excess of the first 11 hours of overtime earned in the
2 employee's 28 day work period, shall be compensated in cash at time
3 and one half the employee's regular rate of pay.
4 9.5 GUARANTEED MINIMUMS FOR RETURNING TO WORK
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Whenever an employee is required by the department to return to work
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7 outside of the employee's normal work hours, if a minimum applies as found
8 in this article, then the employee has the choice of-taking the minimum or
9 taking the pay for the work actually performed.
10 9.6 CALL BACK
11 Employees called back to work at other than their normally scheduled shift
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shall be guaranteed two -hour minimum payment at time and one half.
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9.7 COURT TIME
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15 A. Employees reporting for court duty shall be guaranteed two hours
16 minimum payment at straight time when assigned to the day watch or
17 three hours minimum at straight time when assigned to night watch.
18 B. Employees required to work through the lunch break while on court duty
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shall be credited with time worked.
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21 C. Two or more court cases occurring within the minimum time period shall
22 be subject to a single minimum payment.
23 9.8 ROLL CALL BRIEFING
24 Employees who are required to attend roll call briefing, and do, shall be paid
25 for such attendance. Payment shall be considered overtime and paid as such
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if the hours fall within the definition of overtime.
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1 9.9 TRAINING
2 Employees called back for training sessions authorized by the Police Chief or
3 Watch Commander shall be guaranteed two -hour minimum payment at
4 straight time.
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9.10 RANGE QUALIFICATION
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7 A. Sworn personnel shall be guaranteed two hours at straight time when
8 participating in range qualification training when off duty.
g B. Each sworn employee who shoots for qualification shall be provided 100
10 rounds of practice ammunition each month.
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1 ARTICLE 10
2 PAYDAY
3 Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other
4 Thursday. This disbursement schedule is predicated upon normal working
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conditions and is subject to adjustment for cause beyond the City's control.
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ARTICLE 11
GENERAL PROVISIONS
11.1 PAYCHECKS PRIOR TO VACATION:
If an employee is taking vacation leave and wishes to receive his regular
paycheck before payday, the employee must notify the Finance Department
in writing at least two weeks prior to the start of vacation provided the
employee has sufficient vacation time coming to cover the pay period.
11.2 MANAGEMENT BENEFIT:
Employees filling these positions shall receive $25,000 term life insurance
and long -term disability insurance, paid by the City, for recognition of their
management responsibilities.
11.3 WORKING CONDITIONS:
An officer's place of residence shall be within a 45 minute driving radius
from the San Luis Obispo Police Department.
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ARTICLE 12
HEALTH CARE INSURANCE
12.1 CONTRIBUTION
City agrees to contribute $400.00 per month for medical, dental, vision and
life insurance for each regular, full -time employee covered by this
Agreement.
12.2 INSURANCE COVERAGE
PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program with
the "unequa.l contribution option" at the PERS minimum contribution rate,
currently $16.00 per month for active employees and $1.00 per month for
retirees. The City's contribution toward retirees shall. be increased by 5%
per year of the City's contribution for the active employees until such time
as the contributions for employees and retirees are equal. The City's
contribution will come out of that amount the City currently contributes to
employees as part of the Cafeteria Plan. 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 above in Section A. In
summary; this cost and any increases will be borne by the employees.
12.3 HEALTH INSURANCE COVERAGE OPTIONAL - PARTICIPATION
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program :and. may receive the unused
portion of the City's contribution (after dental and vision is deducted) in
cash in accordance with the City's Cafeteria Plan. Those employees will
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also be assessed $16.00 per month to be placed in the Retiree Health
Insurance Account. This account will be used to fund 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 that they will be sufficient to fund retiree
health costs, although they will be used for negotiated employee benefits.
12.4 DENTAL AND VISION - 1NSURANCE /DEPENDENT COVERAGE
Employees will be required to participate in the City's dental and vision
plans at the employee only rate. Should they elect to cover dependents in
the City's dental and vision plans, they may do so, even if they do not have
dependent coverage under PERS.
12.5 LIFE INSURANCE
Employees in the Police Staff Officers Unit shall have life insurance
coverage of Twenty -five Thousand Dollars ($25,000).
12.6 MEDICAL PLAN REVIEW COMMITTEE
.The Association shall appoint two voting representatives 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.. The vote of each voting representative. shall be weighted
according to the number of employees represented by the Association.
A. Duties and Obligations of the Medical Plan Review Committee
1. Review and suggest changes for the City's flexible benefits plan
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and the insurance plans, offered under the MOA.
2. Submit to the City and its employee associations
recommendations on proposed changes for the City's flexible
benefits.plan and the insurance plans offered under the MOA.
3. Disseminate information and educate employees about the City's
flexible benefits plan and the insurance plans offered under the
MOTTI
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
completion of meet.and confer requirements between the City
and Association.
3. If changes to the City's flexible benefits 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.
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1 C. City agrees to continue its contribution to the Cafeteria Plan for two
2 pay periods in the event that an employee has exhausted all paid time
3 off due to an employee's catastrophic illness. That is, the employee
4 shall receive the regular City health benefit contribution for the first
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two pay periods following the pay period in which the employee's
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7 accrued vacation and sick leave balances reach zero.
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1 ARTICLE 13
2 RETIREMENT
3 13.1 Effective 1 July 1987, City agrees to provided. the Public Employees'
4 Retirement System's (PERS) 2% at 50 for sworn personnel with four
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amendments, namely, Post Retirement Survivor Allowance, the 1959
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7 Survivor's Benefit; age 50 voluntary retirement, and one -year final
8 compensatiori. All employees hired as sworn officers on or after 1 July
g 1987 shall have their final compensation for retirement purposes figured on
10 their highest three years.
11 13.2 Effective the first day f the first a.
y pay period following July 1, 1996, the
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City will discontinue paying the employees' share of the PERS Co_ ntribut_ion
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14 (9 %). The 9% will be added to the base salary schedule, and reported as
15 compensation to PERS. The employee will pay directly to PERS their
16 contribution amount on a pre -tax basis pursuant to Section 414 (n) (2) of
17 the Internal Revenue Code (IRC).
18 13.3 The employee will be responsible for any and all tax liability incurred should
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the IRC provision become invalid.
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ARTICLE 14
UNIFORM ALLOWANCE
14.1 Each employee required to wear a uniform shall receive an annual uniform
allowance as provided below and is expected to purchase and maintain in
good repair all required uniform pieces.
14.2 The uniform allowance shall be $775.00.
14.3 This shall be issued to the employee each July in a lump sum payment on a
separate check exclusive of any taxes or other withholding unless
specifically required by federal or state law.
14.4 If an employee is off duty for more than three pay periods, the following
July's allowance shall be reduced by the appropriate prorated amount.
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ARTICLE 15
HOLIDAYS
15.1 For all employees, holiday leave shall be accrued as earned each payroll
period at a rate of 8 hours per month. The following days of each year are
designated holidays for non -shift employees.
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Washington's Birthday
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
One -half day before Christmas Day
December 25 - Christmas
One -half day before New Year's Day
One Floating Holiday
15.2 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.
15.3 Except with the prior approval of the Chief, non -shift personnel shall take .
the holidays as scheduled above.
15.4 If the department is unable to allow shift. employees to take holiday leave,
the Chief may approve payoff of holiday leave on a straight time basis. The
payoff may occur once quarterly. Thi's payoff :is : subject to annual approval
of the Chief.
15.5 Shift employees may accrue a maximum of holiday time not. to exceed their
annual rate.
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ARTICLE 16
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VACATION LEAVE
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16.1
Each incumbent of a 40 hour week line -item position shall accrue vacation
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leave with pay at the rate of 96 hours per year of continuous service since
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the benefit date for the first five years, 120 hours per year upon completion
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of five years, 144 hours per year upon completion of ten years, and 160
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hours upon completion of twenty years. Employees scheduled for more
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than 40 hours a week shall receive the equivalent number of vacation days
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pro -rated to the number of regularly scheduled work hours.
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16.2
An incumbent is not eligible to use vacation leave until accrued.
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16.3
A regular employee who leaves the City service shall receive payment for
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any unused vacation leave.
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16.4
Vacation schedules must be reviewed by the Chief or his /her designee prior
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to the scheduled vacation. Vacation schedules will be based upon the
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needs of the City and then, insofar as possible, upon the needs of the City
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and then, insofar as possible, upon the wishes of the employee. The
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department may not deny an employee's vacation request if such denial will
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result in the loss of vacation accrual by the employee, except that,
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management may approve a two month extension of maximum vacation
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accrual. However, in no event shall more than one such extension be
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granted in any calendar year.
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16.5
Any employee who is on approved vacation leave and becomes eligible for
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sick leave as defined in Section 2.36.420A of the Personnel Rules &
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I Regulations may have such time credited as sick leave under the following
2 conditions.
3 A. A physician's statement certifying that illness, injury or exposure to
4 contagious disease has occurred is presented to the supervisor upon
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returning to work.
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7 B. The vacation leave immediately ends and the employee reports to
8 work following the end of sick leave usage.
g 16.6 Vacation leave shall be accrued as earned each payroll period, provided that
10 not more than twice the annual rate may be carried over to a new calendar
11 year. It shall be the responsibility of the employee to plan vacations and
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receive departmental approval in a timely manner.
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14 16.7 All employees in this unit are eligible once annually in December, to request
15 payment for up to 40 hours of unused vacation leave provided that. an
16 employee's overall performance and attendance practices are satisfactory.
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ARTICLE 17
ADMINISTRATIVE LEAVE
17.1 The Administrative Sergeant, Lieutenants and Captain are exempt from paid
overtime except as specifically authorized by the Police Chief due to
extraordinary circumstances. 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.
17.2 In recognition of these requirements and the 24 -hour staffing requirements
of Police Departments, all members of this unit shall be afforded flexibility
in managing their work load and time and are eligible to take a maximum of
64 hours per calendar year of Administrative Leave. Such leave may be
taken at any time during the year. However, in cases where an individual is
not actively employed in an exempt position with the city during the full
year such leave shall be prorated or if the yearly amount earned is changed
during the year the amounts shall be prorated. For purposes of computing
monthly amounts the rate of 5.33 hours per month may be used.
Employees may request in December up to 40 hours of unused
Administrative Leave to be paid in cash provided that total taken and paid
does not exceed 64 hours during the calendar year.
17.3 Exempt employees understand that the nature of their jobs require that they
will work additional hours outside of their regularly scheduled shifts for
such activities as occasional meetings, paybacks, briefings, shift
preparation, etc. Subject to the approval of the Bureau Commander,
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exempt employees may shift adjust for such things as court, administrative
assignments, filling shift vacancies, lengthy or frequent meetings, training,
etc.
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ARTICLE 18
SICK LEAVE.
18.1 Accumulation of sick leave days shall be unlimited.
18.2 Upon termination of employment by death or retirement, a percentage of
the dollar value of the employee's accumulated sick leave will be paid to the j
employee, or the designated beneficiary or beneficiaries according to the
following schedule:
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%
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ARTICLE -19
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FAMILY LEAVE
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19.1
An employee may take up to 16 hours of sick leave per year if required to
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be away from the job to personally care for a member of his /her immediate
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family.
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An employee may take up to 40 hours of sick leave per year if the family
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member is part of the employee's household.
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19.3
An employee may take up to 56 hours of sick leave per year if the family
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member is part of the employee's household and is hospitalized. The
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employee shall submit written verification of such hospitalization.
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19.4
For purposes of this article, immediate family is defined as spouse, child,
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brother, sister, parent, parent -in -law, step - parent, step- brother; step- sister,.
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grandparent, or any other relative living in the same house hold..
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19.5
The amounts shown in A, B, and C above are annual maximums, ,not
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maximums per qualifying family member.
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19.6
In conjunction with existing leave benefits, unit employees with one year of
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City service who have worked at least 1280 hours in the last year, may be
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eligible for up to 12 weeks of Family /Medical Leave within any 12 month
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period. Family /Medical Leave can be used for:
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A. A new child through birth, adoption or foster care (maternal or paternal
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leave).
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B. A seriously ill child, spouse or parent who requires hospitalization or
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continuing treatment by.a •physician.
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C. Placement of an employee's child for adoption or foster care.
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D. A serious health condition which makes the employee unable to
perform the functions of his or her position.
19.7 This leave shall be in addition to leave available to employees under the
existing four month Pregnancy - Disability Leave provided by California law.
Paid leave, if used for family leave purposes or personnel illness will be
subtracted from the 12 weeks allowed by the Family /Medical Leave
Program. Employees must use all available vacation, compensatory time off
and administrative leave and, if appropriate, sick leave prior to receiving
unpaid Family /Medical Leave.
19.8 Employees on Family /Medical Leave will continue to receive the City's
contribution toward the cost of health insurance premiums. However,
employees who receive cash back under the City's Flexible Benefit Plan will
not receive that cash during the Family /Medical Leave. Only City group
health insurance premiums will be paid by the City.
19.9 If an employee does not return to work following leave, the City may collect
from the employee the amount paid for health insurance by the City during
the leave. There are two exceptions to this rule.
A. The continuation of a serious health condition of the employee or a
covered family member prevents the return.
B. Circumstances beyond the• employee's control.
Further details on Family /Medical Leaves, are available through the City's
"Guide to Family /Medical Leave Program ".
RIP
I ARTICLE 20
2 BEREAVEMENT LEAVE
3 At each employee's option, sick leave may be used to be absent from duty due to
4 the death of a member of the employee's immediate family, meaning spouse, child,
5
brother, sister, parent, parent -in -law, step- parent, step- brother, step- sister,
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7 grandparent, or any other relative living in the same household, provided such
8 leave as defined in this Article shall not exceed 40 hours for each incident. The
9 employee may be required to submit proof of relative's death before being granted
10 sick leave pay. False information concerning the death or relationship shall be
11 cause for discharge.
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ARTICLE 21
c
GRIEVANCE PROCEDURE
21.1 A grievance is defined. as an alleged violation, misinterpretation or
misapplication of the personnel rules and regulations or of any
Memorandum of Agreement, excluding disciplinary matters, or any existing
written policy or procedure relating to wages, hours or other terms and
conditions of employment excluding disciplinary matters.
21.2 Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. The employee shall have the right to choose a representative
to accompany him /her at each step of the process. 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 Police Chief 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 15 business days of the
occurrence of the grievance. The Police Chief shall promptly consider
the grievance and render a decision in writing within 15 business days
of receiving the written grievance. If the employee accepts the Police
Chief's decision, the grievance shall be considered terminated.
C. If the employee is dissatisfied with the Police Chief's decision, the
KE
I employee may immediately submit the grievance in writing to the
2 Personnel Director within five business days of receiving the Police
3 Chief's decision. The Personnel Director shall conferwith the
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employee and the Police Chief and any other interested part ies, and
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shall conduct such other investigations as may be advisable.
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7 D. The results or findings of such conferences and investigations shall be
8 submitted to the City Administrative Officer in writing within fifteen
g (15) business days of receiving the employee's written request. The
10 City Administrative Officer will meet with the employee if the
11 employee so desires before rendering a decision with respect to the
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complaint. The City Administrative Officer's decision shall be in
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14 writing and given to the employee within 15 business days of
15 receiving the Personnel Director's results and findings. Such decision
16 shall be final unless the employee desires the Personnel Board to
17 review the decision. If such is the case, the employee will have five
18 business days following receipt of the City Administrative Officer's
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decision to submit a written request to the Personnel. Board through
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the Personnel Director for a review of the decision. The Personnel
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22 Board within 30 business days shall review the record and either (1)
23 issue an advisory opinion to the City Administrative Officer, or (2)
24 conduct a hearing on the matter. If a-hearing is held, an advisory
25 opinion shall be rendered by the Board within 10 business days of the
26 close of such hearing. If an opinion signed by at least three (3)
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members of the Personnel Board recommends overruling or modifying
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the City Administrative Officer's decision, the City Administrative
Officer shall comply or appeal this recommendation to the City
Council. Such appeal shall be filed with the City Clerk within three
business days of the Board's action. If appealed, the City Council
shall review the case on the record and render a final decision within
15 business days of submittal.
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ARTICLE 22
DISCIPLINARY ACTION
Except in regards to disciplinary suspensions of more than one work week, the
standards for the discipline of exempt employees shall generally be consistent with
the standards for discipline of non- exempt employees. Thus, such exempt
employees may be subject to termination, demotion or reduction in compensation
for any of the reasons set forth in Section 2.36.320 of the Personnel Rules and
Regulations. In conformity with the Fair Labor Standards Act, a disciplinary
suspension of more than one week may be imposed only for a violation of city
safety rules of major sign.ifica.nce. Minor violations of rules and regulations may
result in lesser disciplinary actions, such as oral or written reprimands, counseling,
or special training, etc.
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ARTICLE 23
IMPASSE PROCEDURE
23.1 MEDIATION
A. Mediation may be requested only after the possibility of settlement by
direct discussion (meet and confer) has been exhausted. Mediation
may be requested by scheduling a meeting with the Employee
Relations Officer (CAO).
1. The Employee Relations Officer shall convene a meeting between
the chief negotiator for the Association, one other representative
of the Association, the Employee Relations Officer and one other
representative of the City:
a. To review the position of the parties in a final effort to reach
agreement or reduce the points of disagreement; and
b. If agreement is not reached, to make arrangements for
mediation.
B. Following the meeting with the Employee Relations Officer, only the
disputed issues shall be submitted to mediation. The mediator shall be
selected from the State Mediation and Conciliation Service by mutual
consent. All mediation proceedings shall be private and confidential
and the mediator shall make no public recommendation nor take any
public position at any time concerning the issue. Any fees or
expenses of mediation shall be shared equally by the City and the
Association.
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C. Mediation shall be: terminated if agreement has not been reached in 30
days unless extended by mutual agreement.
23.2 FACT - FINDING
A. If mediation fails to resolve all issues, the unresolved issues shall be
referred to "fact- finding." The fact - .finder shall be selected by mutual
consent.
B: The City and the Association shall submit its position on each
unresolved issue and its last offer of settlement to the fact - finder.
After due consideration, the fact - finder shall recommend on each issue
using factors traditionally taken into consideration in determination of
wages, hours and other terms and conditions of employment in the
public sector.
C. Within 10 days of commencing fact- finding, recommendations of the
fact- finder shall be reported in writing at a meeting of representatives
of the City and the Association. Each party shall accept, reject or
propose alternatives to the fact - finder's recommendations. Any
recommendations or alternatives not accepted by both parties within
15 days of receiving the fact - finder's recommendations will be
presented to the City Council
D. After a hearing where the chief negotiator for the: Association, one
other representative of the Association, the Employee Relations Officer
and one other representative of the City have presented their position
on the fact- finder's recommendations, the City Council may accept or
reject any recommendation. All proceedings and recommendations of
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fact - finding shall be private and confidential. Any fees or expenses
shall be equally shared by the City and the Association.
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1 ARTICLE 24
2 FULL AGREEMENT
3 It is understood this Agreement represents a complete and final understanding on
4 all negotiable issues between the City y and the Association. This Agreement
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supersedes all previous Memoranda of Understanding or Memoranda of Agreement
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7 between the City and the Association except as specifically referred to in this
8 Agreement. In the event any new practice or subject matter arises during the term
g of this Agreement and an action is proposed by the City, the Association will be
10 afforded notice and shall have the right to meet and confer upon request.
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Ci
1 ARTICLE 25
2 SAVINGS CLAUSE
3 If any provisions of this Agreement should be held invalid by operation of law or by
4 any court of competent jurisdiction, or if compliance with or enforcement of any
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provision:should be restrained by any tribunal, the remainder of this Agreement
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7 shall not be affected thereby, and the parties shall enter into a meet and confer
8 session for the sole purpose of arriving at a mutually satisfactory replacement for
9 such provision within a 30 day work period. If no agreement has been reached,
10 the parties agree to invoke the provision of impasse under Section 13 of City
11 Resolution No. 6620.
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1 ARTICLE 26
2 TERM OF AGREEMENT
3 This Agreement shall become effective upon adoption of Council, except that
4 those provisions which have specific implementation dates, shall be implemented
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on those dates and shall remain in full force and effect until midnight June 30,
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1996.
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1 ARTICLE: 27
2 AUTHORIZED AGENTS
3 For the purpose of administering the terms and provisions of the Agreement:
4 A. The Association's principal authorized agent shall be the President
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(address: 1042 Walnut Street, San Luis Obispo, California 93401;
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7 telephone: (805) 781 - 7313).
8 B. Management's principal authorized agent shall be the Personnel
9 Director or his /her duly authorized representative (address: 990 Palm
10 Street, San Luis Obispo, California 93401; telephone: (805) 781-
11 7252).
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ARTICLE 28
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 1996 and shall continue in full
force and effect until. expiration at midnight, June 30, 1998.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are
Police Sergeant, Police Lieutenant and Police Captain.
2. This Agreement does not apply to Temporary Employees or Part-time
Employees.
This Agreement was executed on August 13th , 1996 by the following parties:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
POLICE STAFF .OFFICERS ASSOCIATION
Ann Slate, Personnel Director im English, esident, SLOPS A
en Hampian, As istant C.A.O. ary rba EkSLOPSOA
41
RESOLUTION NO. 8575 (1996 SERIES)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO
DECLARING EQUIPMENT AS SURPLUS PROPERTY
BE IT RESOLVED that the City Council of the City of San Luis Obispo as follows:
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Section 1. That the City Council hereby declares two sets of carbon filtration tanks
as surplus property.
Section 2. Disposal of the property shall be made by formal bid and actual sale of
property approved by the City Administrative Officer to the most responsive bidder.
On motion of Council Member Romero seconded by Vice Mayor Williams
and on the following roll call vote:
AYES: Council Members Romero, Williams, Roalman:,.and Mayor Settle
NOES: None
ABSENT: Council Member Smith
The foregoing Resolution was adopted on this 20th day of August 1996.
ATTEST:
:� :.
APPROVED AS TO FORM
Mayor Allen Settle
R -8575
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