HomeMy WebLinkAbout9517-9524RESOLUTION NO. 9524 (2004 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADJUSTING THE COMPENSATION FOR THE CITY'S CONFIDENTIAL EMPLOYEES
FOR THE PERIOD OF JANUARY 1, 2004 THROUGH DECEMBER 31, 2004
WHEREAS, the City of San Luis Obispo designates the Executive Assistant to the City
Administrative Officer, the Executive Assistant to the Director of Human Resources, the Legal
Assistant and the Human Resources Specialist as confidential employees pursuant to the
Government Code,
WHEREAS, as such, confidential employees are precluded from collective bargaining and
therefore are not governed by a collective bargaining agreement,
WHEREAS, the wages, hours and other terms and conditions of employment for
confidential employees are established by resolution,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby resolves as follows:
SECTION 1. The salaries of the confidential employees shall be increased 2% effective
the first day of the first full pay period in January 2004 and 1% effective the first day of the first
full pay period in July 2004.
SECTION 2. The cafeteria plan contribution for confidential employees shall be increased
to $540 per month effective December 1, 2003.
Upon motion of Council Member Settle, seconded by Vice Mayor Schwartz, and on the
following roll call vote:
AYES: Council Members Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: Council Member Ewan
R 9524
Resolution No. 9524 (2004 Series)
Page 2
The foregoing resolution was adopted this 17`b day of February, 2004.
Mayor'
ATTEST:
Lee Price, CMC
City Clerk
APPROVED AS TO FORM:
Jo ath P. Lowell, City Attorney
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RESOLUTION NO. 9523 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REVISING THE GUIDELINES FOR PUBLIC ART
WHEREAS, on May 15, 1990, the Council adopted Resolution No. 6811 creating a Visual
Arts in Public Places program and establishing Guidelines for Public Art; and
WHEREAS, over the years the Visual Arts in Public Places program has evolved and the
need now exists to clarify roles and responsibilities of the public art reviewing bodies with regard to
the criteria set forth in the Guidelines for Public Art.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the Guidelines for Public Art are amended as shown on Exhibit A and attached herein:
Upon motion of Vice Mayor Schwartz, seconded by Council Member Settle,
and on the following roll call vote:
AYES: Council Members Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was adopted this 17`s day of February, 2004.
ATTEST:
M
Lee Price,
City Clerk
APPROVED AS TO FORM:
Jona . Lowell
City Attorney
Mayor David F. Romero
R 9523
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GUIDELINES FOR PUBLIC ART
Architectural Review Commission Criteria
1. Public art shall be located within the public right -of -way, or shall otherwise be easily
visible or accessible from a public right -of -way.
2. Interior locations for public art shall be freely open and accessible to the public.
3. Consideration shall be given to the size, massing, location and scale of the proposed piece
and to potential conflicts with present or future vegetation or construction.
4. The design and placement of public art shall not impede pedestrian or vehicle traffic, or
conflict with public or private easements.
5. Consideration shall be given to any public safety or public health concerns created by the
artwork.
6. Public art shall be integrated with the site, and include landscaping, lighting, interpretive
information and other amenities where appropriate.
7. Public art shall be securely installed.
Public Art Jury Criteria
1. Public artwork shall be original and of high artistic quality and shall not include any
signage or other advertisement or logo, literal or abstract.
2. Public art should be considerate of the immediate site and neighborhood in terms of
historic, social and cultural characteristics, architectural scale, materials, land use, and
geographical and environmental context.
3. Public art shall be integrated with the site, and include landscaping, lighting, interpretive
information and other amenities where appropriate.
4. Permanent public art shall be constructed of durable, high - quality materials and require
minimal or no maintenance. Temporary public art shall be constructed of materials
appropriate to its duration of public display.
5. A wide variety of artistic expression is encouraged. However, expressions of profanity,
vulgarity or obvious poor taste are inappropriate.
Other Review Criteria
Public art proposed for areas of high historical sensitivity, such as Mission Plaza and its creek,
should be given the closest scrutiny, including input from the Cultural Heritage Committee,
before approval by the jury.
GA701 -03 Resolution (Log)\Exhibit A R 9523.doc
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RESOLUTION NO. 9522 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A LOT LINE ADJUSTMENT WITH
EXCEPTIONS TO THE LOT AREA AND WIDTH
REQUIREMENTS FOR PROPERTY LOCATED AT
378 GRAND AVENUE, (LLA 172 -03).
WHEREAS, the City Council conducted a public hearing on February 3, 2004, and has
considered testimony of the applicant, interested parties and the evaluation and recommendation
of staff; and
WHEREAS, the City Council finds that the proposed lot line adjustment and minor
subdivision exceptions are consistent with the Zoning and Building Regulations, and other
applicable City ordinances; and
WHEREAS, the City Council finds that the lot line adjustment is categorically exempt as
provided for by California Environmental Quality Act Guidelines, Section 15305 Minor
Alterations in Land Use Limitations.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the proposed project
(LLA 172 -03), the applicant's statement, staff recommendations and reports thereof, makes the
following findings:
1. The lot line adjustment will not increase the number of parcels and complies with Section
66412(d) of the Subdivision Map Act and the City's Subdivision Regulations.
2. With minor exceptions to the Subdivision Regulations, the resulting parcels from the lot
line adjustment will conform to the City's Zoning Regulations and building codes.
3. The site is physically suited to the type and density of development allowed in the R -1
zone.
4. The proposed lot line adjustment is categorically exempt from environmental review,
pursuant to Section 15305 of the CEQA Guidelines.
5. The property to be divided is of such size or shape, or is affected by such site or
topographic conditions, that it is impossible, impractical or undesirable, in this particular
case, to conform to the strict application of the regulations codified in Title 16 of the
Municipal Code (Subdivision Regulations) because the site is constrained by the location
of an existing residence that would need to be moved, demolished or modified to provide
a corner lot that meets the minimum standards for area and width.
R 9522
Resolution No. 9522 (2004 Series)
Page 2
6. The cost to the subdivider of strict or literal compliance with the regulations is not the
sole reason for granting the modification because the adjustment will consolidate four
nonconforming lots into two lots (one conforming, one nearly conforming), which
provides for one additional building site that is consistent with surrounding properties,
and allows the existing residence to remain in its present location without the need for
building demolition or relocation.
7. The modification will not be detrimental to the public health, safety and welfare, or be
injurious to other properties in the vicinity since the resulting parcels are consistent with
the lot area and dimensions of other properties in the vicinity and future development will
need to comply with the Zoning Regulations and Community Design Guidelines for new
development.
8. Granting the modification is in accord with the intent and purposes of these regulations,
and is consistent with the general plan and with all applicable specific plans or other
plans of the City because the proposed lot design will minimize conflicts between
adjacent properties and is designed to help support a desirable living environment on the
site.
SECTION 2. Approval. The request for approval of the Lot Line Adjustment (LLA 172-
03) with exceptions to the Subdivision Regulations for lot area and width, is hereby approved
subject to the following conditions.
Conditions:
1. All future development on the affected properties shall comply with the provisions of the
Zoning Regulations, including building height, setbacks, lot coverage and parking.
2. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment
agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot
Line Adjustment ", along with the recording and processing fees, and an 8'/z" x 11" map
exhibit suitable for recording, to the Public Works Director for review, approval and
recordation, based on samples available in the Community Development Department.
3. A separate exhibit showing all existing public and private utilities shall be approved to
the satisfaction of Community Development Director and Public Works Director prior to
recordation of the LLA. The utility plan shall include water, sewer, storm drains, gas,
electricity, telephone, cable TV, and any utility company meters for each parcel. if
applicable. Any utility relocations shall. be completed with proper permits prior to
recordation of the LLA. Otherwise, easements shall be prepared and recorded to the
satisfaction of the Community Development Director, Public Works Director and serving
utility companies.
Resolution No. 9522 (2004 Series)
Page 3
4. Building setbacks, eave overhangs, exterior wall protection, utility locations, and utility
relocations or easements if applicable shall be shown to comply with all codes and
ordinances for all properties included in the LLA to the satisfaction of the Building
Official.
Informational Note:
1. The corner parcel (Parcel B) has been designated as a "sensitive site" by the Community
Development Director to ensure that future infill development will be compatible with
the scale and character of the existing neighborhood. An application for Architectural
Review will be required in accordance with Municipal Code Section 2.48.050.
On motion of Council Member Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 3rd day of February, 2004.
City Clerk
APPROVED AS TO FORM:
Jo . Lowell
City Attorney
Mayor David F. Romero
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RESOLUTION NO. 9521 (2004 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 CITY EMPLOYEES' ASSOCIATION
FOR THE PERIOD OF JANUARY 1, 2004 THROUGH DECEMBER 31, 2004
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 City Employees' Association (SLOCEA), 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: Ron Faria, San Luis Obispo City
Employees' Association, and Monica Moloney, Director of Human Resources.
Upon motion of Council Member Settle, seconded by Vice Mayor Schwartz, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
' a day of February, 2004.
City Clerk
APPROVED AS TO FORM:
Jona an well
City Attorney
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R 9521
MEMORANDUM OF AGREEMENT'
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
JANUARY 1, 2004
Through
DECEMBER 31., 2004
city of
an tuts osIspo
TABLE OF CONTENTS
Article No..
Title Page No.
1
Parties to Agreement .......................... ....................,:,.......1
2
Recognition :....................................... ...............................
2
3
Term of Agreement ............................. ..............................3
4
Renegotiation ..................................... ...............................
4
5
Salary .................................................. ................:.............5
6
Overtime .............................................. ..............................9
7
Longevity ............................................ .............................10
8
Standby .....................................:...:.... ........:...................:12
9
Callback ............................................. .............................13
10
Work Out -Of -Class ............................ .............................14
11
Temporary Assignment ...................... .............................15
12
Bilingual Pay ...................................... .............................16
13
Payday ............................................... .............................17
14
Retirement ......................................... .............................18
15
Retiree Medical Trust ......................... .............................19
16
Insurance and Refund ....................... .............................20
17
Long Term Disability Insurance ......... .............................24
18
Holidays ............................................. .............................27
19
Sick Leave .......................................... .............................29
20
Bereavement Leave ........................... ............................:33
21
Family Leave ...................................... .............................34
22
Vacation Leave ................................ ...............................
37
23
Workers' Compensation Leave ......... .............................39
24
Work Schedule .................................. .............................40
25
Vacation Sell Back ............................. ...........................:.41
26
Americans With Disabilities Act ......... .............................42
27
Transfer .............................................. .............................43
28
Layoffs.... ............................................ .............................44
29
Light Duty Assignment ....................... .............................51
30
Class "A & B" Physicals ................... ...............................
52
31
Uniform and Uniform Allowance ...... ...............................
53
32
Safety Program ................................ ...............................
54
33
Employee Rights ................................ .............................55
34
Grievance Procedure ......................... .............................56
35
Representative Role .......................... .............................59
36
Committee Representation ................ .............................60
37
Dues Deduction ..:.............................. .............................61
38
Copies of Agreement ......................... .............................62
39
Reopener .. ....................................... ...............................
63
40
Management Rights .............................
41
Peaceful Performance ..................... ...............................
65
42
Full Agreement ................................... ....,.<..:...................67
43
Savings Clause ................................ ...............................
68
44
Authorized Agents ...................... ...............................
45
Signatures ........................................ ...............................
70
AppendixA ....................................... ............................... 71
Attachment "l .. ................................... ..........................:..73
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this 3rd day of February, 2004, by and
between the City of San Luis Obispo, hereinafter referred to as the City, and the San
Luis Obispo City Employees' Association, hereinafter referred to as the Association.
Nothing in this Agreement between the parties shall invalidate nor be substituted for
any provisions in City Resolution No. 6620 unless so stipulated to by provision(s)
contained herein and agreed to.
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ARTICLE.2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, the
City hereby recognizes the San Luis Obispo City Employees' Association as the
bargaining representative for purposes of representing regular and probationary
employees, occupying the position classifications set forth in Appendix A, in the
General 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
TERM OF AGREEMENT
J
This Agreement shall become effective January 1., 2004, except that those provisions
which have specific implementation dates shall be implemented on those dates and
shall remain in full force and effect until midnight December 31, 2004.
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ARTICLE 4
RENEGOTIATION
If the Association desires to negotiate a successor Agreement, then the Association
shall serve upon the City, during September of 2004, its written request to begin
negotiations as well as its written proposals for such changes. Negotiations shall begin
within, but no later than, thirty (30) days from the date of receipt of the notice and
proposals by the City.
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ARTICLE 5
SALARY
SECTION A Rules Governing Step Changes
The following rules shall govern step increases for employees:
(1) The first step is the minimum rate and shall normally be the hiring rate for
the class. In cases where it is difficult to secure qualified personnel, or if a
person of unusual qualifications is hired, the Administrative Officer may
authorize hiring at any step.
(2) The second step is an incentive adjustment to encourage an employee to
improve his/her work. An employee may be advanced to the second step
following the completion of twelve months satisfactory service upon
recommendation by his/her department head and the approval of the
Human Resources Director.
(3) The third step represents the middle value of the salary range and is the
rate at which a fully qualified, experienced and ordinarily conscientious
employee may expect to be paid after a reasonable period of satisfactory
service. An employee may be advanced to the third step after completion
of twelve months service at the second step, provided the advancement is
recommended by the department head and approved by the Human
Resources Director.
(4) The fourth and fifth steps are to be awarded only if performance is
deemed competent or above as shown on the last performance
evaluation. An employee may be advanced to the fourth step after
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completion of one year of service at the third step provided the
advancement is recommended by the department head and approved by
the Human Resources Director. An employee may be advanced to the
fifth step after completion of two years service (one year for employees
who were at fifth step in one classification and then promoted to a lower
step in a higher classification) at the fourth step provided the advancement
is recommended and justified in writing by the department head and
approved by the Human Resources Director.
(5) The above criteria for step increases apply except where other
arrangements are authorized by the Administrative Officer.
(6) In applying the above rules, the next step shall be granted, other
conditions having been met, on the first day of the payroll period within
which the anniversary date occurs.
(7) Should the employee's salary not be increased, it shall be the privilege of
the department head and Administrative Officer to reconsider such
increase at any time during the year.
(8) Each department head shall be authorized to reevaluate employees who
reach Step 5 in their pay range. An employee who is not performing up to
standard for the fifth step shall be notified in writing that the department
head intends to reduce him one step unless his job performance improves
to an acceptable level by the end of 60 days. Prior to the end of 60 days
the department head shall again reevaluate the employee and, as part of
that reevaluation, shall notify the employee if the pay reduction shall then
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become effective. The fifth step may be reinstated at any time upon
recommendation of the department head. If the department head 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 written
notice.
SECTION B "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated,
freezing his salary until such time as there is an improved job performance. The
department head shall give 60 days written notice to any employee he /she intends to
"Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y" rated
employee would not receive neither step increases nor salary increases granted by the
City Council in a MOA resolution. The "Y" rating procedure shall not result (then or
later) in the employee being frozen below the next lower step of the new range. For
example, if an employee is at step D when "frozen" his/her salary shall not ever be less
then the current step C by this action..
SECTION C Computation of Salary Computation of Salary Range
Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of
the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
7
Each across - the -board % salary increase shall raise step 5 of range 1 by that %. Step
5 of each successive salary range will be 2.63% above step 5 of the next lower range.
After all step 5's of salary ranges have been established, each step 5 shall be rounded
off to the nearest $1.00 and the remaining steps established in accordance with the
above formula.
SECTION D Salary Provision for the Tenn of Agreement
1. The parties agree to a salary increase as set forth below to be effective on
the first day of the first full payroll period in the month listed, for all
employees employed by the City on the effective date of the increases
beginning January 2004.
January 2004 2.0%
July 2004 1.0%
9
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A. DEFINITION
ARTICLE 6
OVERTIME
Overtime is defined as all hours ordered by management and worked by the
employee in excess of forty (40) hours worked in a work week.
Holidays and sick leave will be counted as hours worked for purposes of
overtime.
All overtime shall be authorized in writing by the department head prior to being
compensated.
B. COMPENSATION
Overtime shall be compensated in cash at one and one half (1 1/2) times the
employee's regular rate of pay, or in time off (CTO) at the rate of one and
one -half (1 1/2) hours for each hour of overtime worked. All overtime shall be
compensated to the nearest five (5) minutes worked.
C. COMPENSATORY TIME OFF (CTO)
An employee eligible for overtime compensation may elect compensation in the
form of time off (CTO). An employee shall be compensated in CTO only if the
employee's department head approved such compensation. An employee may
not be compensated in CTO for more than sixty (60) hours of overtime worked in
the calendar year. Accumulated CTO not taken within the calendar year shall be
compensated in cash at straight time.
Such compensation shall be paid in January of the following year.
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ARTICLE 7
LONGEVITY
A. Employees with hire dates after December 31, 1973. Effective January 1, 1983,
no employees will become eligible for longevity pay and employees then
receiving longevity pay shall receive no increases in longevity pay based on
additional service with the City.
B. Employees with hire dates prior to January 1, 1973. Each employee shall be
paid an additional one percent (1 %) of his base salary step following ten years of
continuous full -time service with the City. An additional one percent (1 %) of base
salary will be added for each subsequent five -year period, calculated to the
nearest one dollar ($1.00).
C. In the event an employee receiving longevity pay is not. performing up to the
established standards set for the job, the department head with the concurrence
of the City Administrative Officer may suspend payment of the longevity pay until
such time as the employee's work performance comes up to the standard level,
in the opinion of the department head and with the concurrence of the City
Administrative Officer.
D. The department head shall notify the employee in writing that he intends to
suspend the longevity pay unless the employee's job performance improves
significantly within a 60 -day period. If the employee's job performance does not
improve to the desired level by the end of 60 days, the pay reduction shall then
become effective. Longevity pay may be reinstated at any time upon
recommendation of the department head. If the department head deems it
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necessary to again remove longevity pay during the same fiscal year, he /she may
make the change at anytime with three business days written notice.
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ARTICLE 8
STANDBY
A. Standby duty is defined as that circumstance which requires an employee so
assigned to:
Be ready to respond immediately to a call for service;
Be readily available at all hours by telephone or other agreed -upon
communication equipment; and
Refrain from activities which might impair his/her assigned duties upon
call.
B. Employees, other than those assigned to the Water Reclamation Facility, will
receive thirty dollars ($30.00) for each week day, thirty -five dollars ($35.00) for
each weekend day, and thirty -five dollars ($35.00) for each holiday of such
assignment.
C. Operators at the Water Reclamation Facility will receive standby amounts
equivalent to those set forth above prorated for the hours actually spent on
standby duty.
D. For return to work as part of a standby assignment, as defined above, the City
will guarantee either two (2) hours of pay in cash at straight time or pay at time
and one half for time actually worked whichever is greater.
E. The parties agree that employees on standby, as defined above, are "waiting to
be engaged."
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C
A. DEFINITION
ARTICLE 9
CALLBACK
Callback is defined as that circumstance which requires an employee to
unexpectedly return to work after the employee has left work at the end of the
employee's workshift or workweek;
Except that, an early call -in of up to two (2) hours prior to the scheduled start or a
workshift shall not be considered a callback.
B. COMPENSATION
For an unexpected return to work, as defined in A above, the City will guarantee
either four (4) hours pay in cash at straight time or pay at time and one -half for
time actually worked, whichever is greater.
If an employee who was called back and has completed his /her assignment and
left work is again called back to work, he /she will not receive another minimum if
the return is within the original minimum.
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ARTICLE 10
WORK OUT -OF- CLASSIFICATION.
A. OUT -OF -CLASS ASSIGNMENT
For the purposes of this article, an out -of -class assignment is the full -time
performance of all the significant duties of an available, funded position in one
classification by an individual in a position in another classification. An employee
assigned in writing by management to work out -of -class on a position that is
assigned a higher pay range and is vacant pending an examination or is vacant
due to an extended sick leave, shall receive five percent (5 %), but in no case
more than the fifth step of the higher class, in addition to their regular base rate
commencing on the eleventh consecutive workday on the out -of -class
assignment.
Employees assigned as project managers and thereby working out-of-
classification shall receive compensation pursuant to this section..
B. SEASONAL SUPERVISION
If, in addition to his/her regularly assigned employees, any employee
responsible for five (5) or more temporary workers for a period exceeding 10
consecutive work days shall receive additional pay of 5% commencing with the
11 th day..
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ARTICLE 11
TEMPORARY ASSIGNMENT
An appointing authority may temporarily assign an employee to a different position for
a specific period of time, after which the employee returns to his/her regular duties and
position from which he /she was regularly assigned. Such action shall have the prior
approval of the Human Resources Director. An appointing authority may assign an
employee to a. different position for a period of time not to exceed 90 days, provided
the employee has received 24 hours written notice which includes reasons for the
assignment.
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ARTICLE 12
BILINGUAL PAY
U
Employees certified as bilingual in Spanish through a testing process and certified as
being required to regularly use their Spanish speaking skills shall receive a bilingual
payment of thirty -five ($35) dollars per pay period. Additional languages may be
approved by the City based upon demonstrated need. Regardless of certification and
payment, all employees shall use any language skills they possess to the best of their
ability.
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ARTICLE 13
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.
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ARTICLE 14
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement System's 2.7% at
age 55 plan to all eligible employees including the amendments permitting
conversion of unused sick leave to additional retirement credit, the 1959
survivor's benefit, (4t" level) one year final compensation, and the Military Service
Credit option.
B. The City agrees to contribute eight percent (8 %) of an employee's salary on
behalf of the employee to PERS. These amounts paid by the City are employee
contributions and are paid by the City to satisfy the employee's obligation to
contribute eight percent (8 %) of salary to PERS. An employee has no option to
receive the contributed amounts directly instead of having them paid by the City
to PERS on behalf of the employee. It is understood and agreed to by the parties
that the City "pick up" of the employee's PERS contribution is made in lieu of a
wage increase. Therefore, in all comparisons made with other agencies, eight
percent (8 %) of salaries will be added to the total compensation provided by the
City to the employees. It is further understood and agreed to by the parties that
payment of the eight percent (8 %) PERS contribution is made subject to I.R.S.
approval of reporting procedures. The eight percent (8 %) payment will be
reported to PERS as special compensation (EPMC).
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ARTICLE 15
RETIREE MEDICAL TRUST
The City of San Luis Obispo Employee's Association is establishing a Retiree Medical
Benefit Trust to provide for health insurance and other medical expense
reimbursements to unit employees after retirement. The Trust will be
administered separately by a Board of Trustees composed of members of the
Association. The City is not involved with the establishment or administration of the
Trust. Included in the funding for the Trust will be amounts designated by the
Association to be deducted from each employees' paycheck. Initially the designated
amounts will be $25 per person per pay period effective the first pay period in July,
2004. The City's sole responsibility is to forward the designated amounts to the Trust.
The Association and Board of trustees are solely responsible for obtaining any
necessary IRS approvals, establishing and administering the Trust. The Association
will indemnify, defend and hold harmless the City, its agents, officers and employees,
against any and all claims or legal proceedings regarding the establishment and
operation of the Trust.
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ARTICLE 16
INSURANCE AND REFUND
A. CONTRIBUTION
The City shall contribute $560.00 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.
B: INSURANCE COVERAGE
1. 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 $32.20 per month for active employees and $10.61 per
month for retirees. The City's contribution toward retirees shall be
increased by five (5 %) percent 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 City's 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. In summary, this cost and any increases will be bome by the
employees.
2. 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
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unused portion of the City's contribution (after dental and vision insurance
premiums are 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 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.
3. Health Insurance Benefits for Domestic Partners
The City has adopted a resolution electing to provide health insurance
benefits to domestic partners (Section 22873 of the Public Employees'
Medical and Hospital Care Act [PEMCHA]).
4. Dental and Vision InsurancetDeyendent 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 the PERS medical plan.
C. LIFE INSURANCE
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Employees shall pay for life insurance coverage of Twenty -five Thousand Dollars
($25,000).
D. 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.
1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW
COMMITTEE.
a. Review and suggest changes for the City's flexible benefits plan
and the insurance plans offered under the MOA;
b. 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;
C. Disseminate information and educate employees about the City's
flexible benefits plan and the insurance plans offered under the
MOA;
d. Participate in other related assignments requested by the City and
its employee associations.
2. MISCELLANEOUS
a. The actions of the Medical Plan Review Committee shall not
preclude the Association and the City from meeting and
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conferring.
b. 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.
c. If changes to the City's flexible benefits plan, or Cafeteria Plan, are
subject to meet and confer requirements, the City and the
Association agree to meet and confer in good faith.
d. 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.
E. 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 off due to an
employee's catastrophic illness. That is, the employee shall receive regular City
health payment benefit for the first two pay periods following the pay period in
which the employee's accrued vacation and sick leave balances reach zero (0).
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ARTICLE 17
A. COVERAGE
LONG TERM DISABILITY INSURANCE
All employees shall be covered by Long Term Disability Insurance (LTD).
B. COST OF LTD
The employee shall pay all costs of the program, which the City shall deduct from
employees' paychecks.
C. ACCUMULATION OF BENEFITS
Time -in- service and other City benefits will only accrue when an employee is on
City -paid time.
D. COORDINATION OF BENEFITS
1. LTD payments shall be coordinated with accumulated paid time so that
take home pay will not exceed regular take home pay. Paid time is
defined as vacation, sick leave, CTO, and holiday.
2. The coordination of payments will be administered by the City. The
employee must take his/her uncashed LTD benefit check to Finance.
a.. Determination of the use of paid time for coordination of benefits,
shall be made by the City. Employees on disability leave shall be
required to use all accumulated paid time prior to using unpaid
time.
b. Employees who receive LTD benefits shall receive credit for a
portion of the paid leave used to cover their absence. To
determine the credit, the amount of their LTD benefit shall be
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divided by their base hourly rate multiplied by 1.4. The credit shall
be prorated if the employee has any non -paid time during the pay
period. To receive the credit, the employee must sign his/her LTD
benefit check over to the City.
EXAMPLE: Employee uses 80 hours of sick leave.
Employee receives $384 from LTD.
Employee's hourly rate is $9.67.
1.4x$9.67 = $13.54
$384 / $13.54 = 28.36 hours.
The employee receives a credit of 28.36 hours.
E. ACCRUAL OF BENEFITS WHILE ON LTD LEAVE
1. If an employee has no paid time at the beginning of a pay period, the
employee shall neither accrue vacation or sick leave, nor shall the
employee receive his /her regular City health payment benefit except as
provided in #3 below. To continue health insurance, the employee must
pay the entire cost of his/her health coverage for that pay period.
2. If an employee has at least sixteen hours of paid time at the beginning of a
pay period, the employee shall receive his/her regular vacation and sick
leave accruals.
3. If an employee has any paid time at the beginning of a pay period, the
employee shall receive his/her regular City health payment benefit for that
pay period. For continuance of medical insurance see Insurance and
Refund, Article 16, Section E.
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F. WITHDRAWAL FROM LTD
If this unit chooses to withdraw from LTD after the required two (2) years
membership, it must present a majority petition indicating such desire.
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ARTICLE 18
HOLIDAYS
The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Jr. Birthday
Third Monday in February - Presidents' Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christman
One -half day before Christmas
One -half day before New Year's Day
Two Floating Holidays
When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be
defined as eight (8) hours of paid time off for regular full -time employees.
Floating holiday accrual: An individual employed on a floating holiday (FH) accrual
date shall be credited with eight (8) hours of additional vacation. Use, carry-over,
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accumulation, etc. of such vacation shall be subject to the same rules and procedures
that cover all accrued vacation.
The two floating holidays will be accrued January 1 and July 1.
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ARTICLE 19
SICK LEAVE
A. Sick leave shall be defined as absence from duty because of illness or off- the -job
injury, or exposure to contagious diseases as evidenced by certification from an
accepted.medical authority.
B. Rules governing sick leave:
1. Each incumbent of a line -item position shall accrue sick leave with pay at
the rate of twelve (12) days or the prorated shift equivalent per year of
continuous service.
2. Sick leave may be used after the completion of the month of service in
which it was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City Administrative Officer
for the uses of sick leave in their departments.
5. A department head shall require written proof of illness from an authorized
medical authority at the employee's expense for sick leave use in excess
of five (5) consecutive working days by personnel in his/her department.
Such proof may be required for periods less than five (5) consecutive
working days where there exists an indication of sick leave abuse.
6. Any employee who is absent because of sickness or other physical
disability shall notify his/her immediate supervisor or department head as
soon as possible but in any event during the first day of absence. Any
employee who fails to comply with this provision, without having a valid
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reason, will be placed on leave of absence without pay during the
unexcused absence and be subject to disciplinary action.
7. Any employee absent for an extended illness or other physical disability
may be required by the Human Resources Director to have an
examination by the City's medical examiner, at City expense, prior to
reinstatement to the City service.
8. An appointing authority, subject to approval of the Human Resources
Director, may require any employee to be medically examined where
reasonable cause exists to believe that an employee has a medical
condition which 'impairs his /her job effectiveness or may endanger the
health, safety or welfare of the employee, other employees, or the public.
Employees who are judged to be physically incapable of meeting normal
requirements of their positions may be placed in a classification of work for
which they are suitable when a vacancy exists, or may be separated for
physical disability.
9. In the event that an employee's sick leave benefits become exhausted
due to illness or exposure to contagious disease, the employee shall
revert to a status of leave of absence without pay and be subject to the
provisions of the Personnel Rules unless eligible to participate in the City's
Catastrophic Leave Policy. For continuation of medical insurance see
Insurance and Refund, Article 17, Section E.
10. The right to benefits under the sick leave plan shall continue only during
the period that the employee is employed by the City. This plan shall not
give any employee the right to be retained in the services of the City nor
any right of claim to sickness disability benefits after separation from the
services of the City. When an employee receives compensation under the
Worker's Compensation Act of California, such compensation received
shall be considered part of the salary to be paid to the employee eligible
for such payments as required by state law. The amount paid by the City
shall be the difference between the amount received by the employee
from the City's compensation insurance coverage and the eligible .
employee's regular rate of pay.
11. Notwithstanding anything contained in this section, no employee shall be
entitled to receive any payment or other compensation from the City while
absent from duty by reason of injuries or disability received as a result of
engaging in employment other than employment by the City for monetary
gain or other compensation other than business or activity connected with
his/her City employment.
12. Accumulation of sick leave days shall be unlimited.
13. 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 30%
(b) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment -10%
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(2) After fifteen years of continuous employment -15%
(3) After twenty years of continuous employment — 20%
(4) After twenty -five years of continuous employment — 25%
(5) After thirty years of continuous employment — 30%
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ARTICLE 20
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent 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 section shall not exceed five (5) working days (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 concerning the death or relationship
shall be cause for discharge.
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ARTICLE 21
FAMILY LEAVE
A. An employee may take up to two (2) days (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.
B. An employee may take up to five (5) days (40 hours) of sick leave per year if the
family member is part of the employee's household.
C. An employee may take up to seven (7) days (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.
D. For purposes of this article, immediate family is defined as spouse, child; brother,
sister, parent, parent -in -law, step - parent, step- brother, step- sister, grandparent,
or any other relative living in the same household.
E. The amounts shown in A, B, and C above are annual maximums, not maximums
per qualifying family member.
F. If the family member is a child, parent or spouse, an employee may use up to 48
hours annually to attend to the illness of the child parent or spouse, instead of the
annual maximums in paragraphs A. and B. above, in accordance with Labor
Code Section 233.
F. In conjunction with existing leave benefits, 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:
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1. A new child through birth, adoption or foster care (matemal or
paternal leave).
2. A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
3. Placement of an employee's child for adoption or foster care..
4. 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 personnel illness, will be subtracted from the 12
weeks allowed by the Family /Medical Leave Program. Employees must use all
available vacation, compensatory time and administrative leave and, if
appropriate, sick leave prior to receiving unpaid Family /Medical Leave.
Employees on Family /Medical Leave will continue to receive the City's
contribution toward the cost of health 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
premiums will be paid by the City.
Only City group health insurance
If an employee does not return to work following Family /Medical 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:
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1. The continuation of a serious health condition of the employee or a
covered family member prevents the return.
2. Circumstances beyond the employee's control.
Further details on Family /Medical Leaves, are available through the City's "Guide
to Family /Leave Program."
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ARTICLE 22
VACATION LEAVE
A. Each incumbent of a 40 hour a week line -item position shall accrue vacation
leave with pay at the rate of 12 days (96 hours) per year of continuous service
since the benefit date for the first fire years, 15 days (120 hours) per year upon
completion of five years, 18 days (144 hours) per year upon completion of ten
years, and 20 days (160 hours) upon completion of twenty years.
B. An incumbent is not. eligible to use accrued vacation leave until it has been
accrued, and approved as provided below.
C. A regular employee who leaves the City service shall receive payment for any
unused vacation leave.
D. It is the employee's responsibility to request and use vacation leave in a manner
that neither jeopardizes their vacation balance nor the efficiency of the work unit.
Vacation schedules must be reviewed by management prior to the scheduled
vacation. Vacation schedules will be based upon the needs of the City and then,
insofar as possible, upon the wishes of the employee. .Management may not
deny an employee's vacation request if such denial will result in the loss of
vacation accrual by the employee, except that, management may approve a
two -month extension of maximum vacation accrual In no event shall more than
one such extension be granted in any calendar year.
E. Any employee who is on approved vacation leave and becomes eligible for
sick leave, as defined in Section 2.36.420 of the Municipal Code, may have such
time credited as sick leave under the following conditions:
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1. A physician's statement certifying that illness, injury or exposure to
contagious disease has occurred is presented to the supervisor
upon retuming to work.
2. The vacation leave immediately ends and the employee reports to
work following the end of sick leave usage. (Ordinance No. 782 -
1978 Series)
F. Vacation leave shall be accrued as earned through December 31, up to a
maximum of twice the annual rate.
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ARTICLE 23
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 /her base salary and the
amount provided by workers' compensation during the first 90 business days of such
temporary disability absence. Eligibility for workers' compensation leave requires an
open workers' compensation claim.
For continuation of medical insurance see Insurance and Refund, Article 17, Section E.
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ARTICLE 24
WORK SCHEDULE
This article is intended to define the normal hours of work and shall not be construed
as a guarantee of hours of work per day, nor hours of work per week, nor of days of
work per week.
Employees shall be scheduled to work on regular workshifts having regular starting
and quitting times. Except for emergencies, employees' workshifts shall not be
changed without reasonable prior written notice to the employee and the Personnel
Director. Neither callback nor overtime constitutes a change in workshift. All
references to accrual of vacation, holiday or sick leave in the Agreement shall be
interpreted as one (1) day being equivalent to eight (8) hours.
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ARTICLE 25
VACATION SELL BACK
All employees in this unit are eligible, once annually in December, to request payment
for up to forty (40) hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory. Employees must have eighty
(80) hours of accrued vacation leave to be eligible. Upon request, vacation sellback
payments shall be made by separate check.
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ARTICLE 26
AMERICANS WITH DISABILITIES ACT
The City and Association acknowledge the passage of the Americans with Disabilities
Act. It is agreed that the City shall take all necessary actions to comply with the
provisions of this Act. If necessary, sections of this Memorandum of Agreement and/or
the City Personnel Rules may be suspended in order to achieve compliance.
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4
ARTICLE 27
TRANSFER
A. TRANSFER REQUEST
Employees who want to transfer may notify the City by filing a form with the
Human Resources Department. Such form shall be developed and made
available by the Human Resources Department.
B. TRANSFER PROCESS
Upon proper notice and concurrence by the City Administrative Officer, an
employee may be transferred by the appointing authority from one position to
another in the same pay range provided he /she possesses the minimum
qualifications as determined by the Human Resources Director.
If the transfer 'involves a change from one department to another, both department
heads must consent thereto unless the City Administrative Officer orders the transfer
for purposes of economy and efficiency.
The employee shall be given five (5) business days' written notice of the transfer
including the reason for the change.
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ARTICLE 28
LAYOFFS
LAYOFF PROCEDURE
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In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when and in what position or classifications layoffs are to occur. The
Human Resources Director shall be responsible for the implementation of a layoff
order of the City Council in accordance with the procedures outlined below:
A. After determining which job classification within a department shall be laid
off, the order of layoffs'shall be as follows:
1. Temporary and contract employees, in the order to be determined
by the appointing authority;
2. Probationary employees (promotional probation excluded), in the
order to be determined by the appointing authority;
For regular employees, layoffs shall be governed by job performance and
seniority in service within a particular department and job classification.
For the purpose of implementing this provision, job performance
categories shall be defined as follows:
Category 1:
Performance that is unsatisfactory, below standard, needs
improvement, unacceptable or does not meet minimum standards.
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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 2:
Performance that is competent, superior, meets expectations,
meets performance standards, exceeds performance standards
and expectations 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 two or three performance categories of the performance
appraisal.
A regular employee being laid off shall be that employee with the
least seniority in the particular job classification concerned and in
the department involved who is in the lowest job performance
category. Employees in Category 1 with the lowest seniority will be
laid off first, followed by employees in Category 2. Should the two
performance evaluations contain overall ratings that are in the two
different Categories as defined above, the third most recent
evaluation overall rating shall be used to determine which
performance category the City shall use in determining order of
layoffs.
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a. In the event two or more employees in the same job
classification are in the same job performance category, the
employee with the least amount of service with the City shall
be laid off first.
b. Transfer to another department in lieu of layoff is authorized
upon approval of the department needs, if there is a vacancy
and the employee meets the minimum job requirements.
C. Regular part time employees shall receive prorated seniority
credit.
B. Laid Off Employees on Reemployment List.
The names of employees who have been laid off shall be placed on the
appropriate Reemployment List for one year. The recall of employees will
be in reverse order of layoff, depending upon City requirements.
Reemployment lists shall be used for filling those classes requiring
substantially the same minimum qualifications, duties and responsibilities
of the class from which the layoff was made.
C. Appointment of Laid -Off Employees to Vacant Class.
An appointing authority may, with the approval of the department head
and the Human Resources Director and in agreement with the employee,
appoint an employee who is to be laid off to a vacancy in a vacant class for
which he or she is qualified.
D. Employee reassignments (bumping procedure):
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1. Employees who have been promoted during their service with the
City may bump back one classification in their career series, or to a
position within a classification they formerly held, if there is an
employee in the lower previously held classification with less
seniority than the employee who wants to bump. Seniority for the
purpose of this section shall mean time in the position in the lower
classification plus time in other classifications. For example, (1) an
employee attempting to bump to Accounting Assistant II from
Accounting Assistant III would utilize their combined time as a II and
III in determining whether or not they had more seniority than an
individual in the II classification. (2) An employee attempting to
bump to a Parks Worker II from a Street Painter position would
utilize their combined time in each respective position to determine
seniority.
2.. Reassignment rights may be exercised only once in connection with
any one layoff, and shall be exercised within seven (7) calendar
days from the date of the notice of the layoff, by written notice from
the employee..
3. The bumping right shall be considered exercised by the
displacement of another employee with lesser total service or by the
acceptance of a vacant position in the class with the same or lower
salary.
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4. Full time and part time regular employees shall have bumping
rights for either full time regular or part time regular positions.
5. Notwithstanding the foregoing, if the City Administrative Officer
determines that the public interest will not be served by application
of the above criteria, the City Administrative Officer may depart
therefrom on the basis of a clearly demonstrable superiority in
performance and/or qualifications.
6. Employees on layoff shall be offered reemployment in the inverse
order of layoff, .provided no intervening factors have occurred which
essentially change the ability of the employee to perform the offered
employment.
E. Employment programs with special requirements will be administered in
accordance with appropriate Federal or State guidelines and directives.
F. The City will notify recognized employee organizations of the effective
date of any reduction in force concurrent with the notice to the affected
employee(s) pursuant to G, below.
G. Notice of Layoff to Employees.
An employee to be laid -off shall be notified in writing of the impending
action at least thirty (30) calendar days in advance of the effective date of
the lay -off. The notice shall include the following information:
1. Reason for lay -off.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
M.
H. Removal of Names From Reemployment Lists.
The Human Resources Director may remove an employee's name from a
reinstatement list if any of the following occur:
1. The individual indicates that he /she will be unable to return to
employment with the City during the life of the list; or
2. The individual cannot be reached after reasonable efforts have
been made to do so. The City shall utilize certified mail when
contacting individuals; or
3. The individual refuses two reemployment offers. Individuals shall
have ten (10) days to respond to the offer of reemployment and an
additional fourteen (14) days to return to work.
K. Employee Rights And Responsibilities.
In addition - to rights identified herein, employees affected by these
procedures shall also have the following rights:
1. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall be
granted reasonable time off without loss of pay to participate in a
prescheduled interview or test for other employment.
2. An employee who has been laid off shall be paid in full for his/her
unused accrued vacation leave on the effective date of the layoff.
3. When an individual is reemployed he /she shall be entitled to:
a. Retain his/her seniority date.
49
b. Accrue vacation leave at the same rate at which it was accrued
at the time of the layoff.
c. Have any unused sick leave reinstated.
An individual reemployed into the job classification from which he /she was laid off shall
be assigned to the same salary range and step he /she held at the time of the layoff.
An individual reemployed into a job classification other than the classification from
which he /she was laid off shall be assigned to the salary range of the new classification
at the amount closest to the salary he /she earned at the time of the layoff. An
individual reemployed into the classification from which he /she was laid off while still a
probationary employee shall complete, upon return to the job, the remaining portion of
his/her probationary period, if any, in effect at the time of the layoff. Similarly, an
individual who is reemployed shall complete upon return to the job the same work time
he /she would have had to work at the time of the layoff to attain a higher vacation
leave accrual rate or to become eligible for a salary step increase, if such changes are
possible.
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ARTICLE 29
LIGHT DUTY ASSIGNMENT
If an employee's medical condition temporarily precludes the performance of his/her
normal duties and management determines modified work is available and necessary
to be performed, he or she may, with medical authorization, be temporarily assigned to
such work for a period not to exceed six months. No change in base pay will result
unless the duties to be performed are substantially greater or lesser than those
normally performed by the employee and the employee's current pay rate is not within
the pay range for the temporarily assigned work. In no event shall and employee's
current pay rate be reduced more than four (4) ranges at the same step.
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ARTICLE 30
CLASS "A & B" PHYSICALS
The City will pay for costs for physical exams not covered by City insurance policies
required for those employees required by the City to hold valid Class "A or B" California
drivers licenses.
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ARTICLE 31
UNIFORM AND UNIFORM ALLOWANCE
A. The Administrative Secretary, Secretary and Records Clerks in the Police
Department shall receive a two hundred fifty dollar ($250.00) uniform allowance
semi - annually the first pay period in January and July.
B. This allowance shall not be paid for any employee who is off duty for more than
six pay periods. If the employee returns to work during that six -month period,
his/her uniform allowance will be prorated.
C. All other employees required to wear City uniforms shall be provided clean
uniforms. A uniform includes either one shirt and pants combination or one pair
of coveralls.
D. Uniforms and work shoes shall only be used on City business.
E. Employees required to wear City uniforms shall only be permitted to wear other
clothing for medical reasons upon submission of a letter from the city doctor
certifying that the city uniform is injurious to their health. Decisions regarding this
paragraph shall be made by the Human Resources Director on a case -by -case
basis.
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ARTICLE 32
SAFETY PROGRAM
The City shall continue a compensation program for safety representatives on the
basis that each designated safety member shall be compensated at the rate of $10.00
per month. The description of the duties of a safety committee member shall be
designed by the Human Resources Director or his/her designee. The intent of the
safety representatives is to assist the Human Resources Director and the overall safety
program in reducing accidents by reporting hazardous conditions.
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ARTICLE 33
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 34
GRIEVANCE PROCEDURE
C'
A grievance is defined as an alleged violation, misinterpretation or misapplication of the
employer - employee resolution, the Personnel Rules and Regulations, 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.
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 submit the grievance in writing to the
department head for consideration, stating the facts on which it was based,
including the provision of the rules, regulations, or agreement said to be
violated, and the proposed remedy. This action must take place within fifteen
(15) business days of the response of the supervisor's immediate superior but in
no event later than thirty (30) calendar days after the occurrence of the event
giving rise to the grievance. The department head shall promptly consider the
grievance and render a decision in writing within fifteen (15) business days of
receiving the written grievance. If the employee accepts the department head's
decision, the grievance shall be considered terminated.
56
C. If the employee is dissatisfied with the department head's decision, the
employee may immediately submit the grievance in writing to the Human
Resources Director within seven (7) business days of receiving the department
head's decision. The Human Resources Director shall confer with the
employee and the department head and any other interested parties, and shall
conduct such other investigations as may be advisable.
D. The results of findings of such conferences and investigations shall be
submitted to the City Administrative Officer in writing within fifteen (15) business
days of receiving the employee's written request. The City Administrative
Officer will meet with the employee if the employee so desires before rendering
a decision with respect to the complaint. The City Administrative Officer's
decision and reason if denied shall be in writing and given to the employee
within twenty (20) business days of receiving the Human Resources Director's
results and findings. Such decision shall be final unless employee desires the
Personnel Board to review the decision. If such is the case, the employee will
have ten (10) business days following receipt of the City Administrative Officer's
decision to submit a written request to the Personnel Board through the Human
Resources Director for a review of the decision. The Personnel Board within
thirty (30) business days shall review the record and either (1) issue an advisory
opinion to the City Administrative Officer; or (2) conduct a hearing on the matter.
If a hearing is held, an advisory opinion shall be rendered by the Board within
ten (10) business days of the close of such hearing. If an opinion signed by at
least three (3) members of the Personnel Board recommends overruling or
57
modifying 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 (3) 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 thirty (30) business days of submittal.
58
ARTICLE 35
REPRESENTATIVE ROLE.
Members of any recognized employee organization may, by a reasonable method,
select not more than three employee members of such organization, one employee
observer, and the Association President to meet and confer with the Municipal
Employee Relations Officer and other management officials (after written certification
of such selection is provided by an authorized official of the organization) on subjects
within the scope of representation during regular duty or work hours without loss of
compensation or other benefits.
The employee organization shall, whenever practicable, submit the name(s) of each
employee representative to the Municipal Employee Relations Officer at least two
working days in advance of such meeting. Provided further:
(1) That no employee representative shall leave his or her duty or work station
or assignment without specific approval of the department head or other
authorized City management official. If employee representatives cannot
be released, date of 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.
59
J
ARTICLE 36
COMMITTEE REPRESENTATION
A. If the Director of Human Resources establishes a committee to study possible
changes which will affect significant numbers of employees in the unit in subjects
within the scope of representation, and if the Human Resources Director includes
unit members on .the committee, such committee members shall be designated
by the Human Resources Director after consultation with the Association.
This unit shall have the same number of committee members as each other unit
has.
B. Two representatives of the bargaining unit designated by the Association and two
representatives of management designated by the City shall meet on an as-
needed basis to discuss issues of concern to the parties.
.0
ARTICLE 37
DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Association
on a bi- weekly basis for the duration of this Agreement. These dues shall not include
assessments. Bi- weekly dues deduction additions and/or deletions shall be recorded
by the City's Finance Director and a notification of all dues transactions shall be sent
bi- weekly to the Association Treasurer.
The Association shall hold the City harmless from any and all claims, and will
indemnify it against any unusual costs in implementing these provisions. The
Association shall refund to the City any amount paid to it in error upon presentation of
supporting evidence.
'l
ARTICLE 38
COPIES OF AGREEMENT
Parties agree City shall provide thirty (30) copies of the Agreement to the Association.
Association shall pay 1/2 City's actual cost. Parties shall consult concerning size and
format of printed agreement and concerning who does the printing of the agreement.
62
ARTICLE 39
REOPENER
Upon request of the City, the Association agrees to reopen negotiations on possible
implementation of a Sick Leave Incentive Program(s).
Upon request of either the Association or the City, the parties agree to reopen
negotiations on possible retirement enhancements, if approved by the State legislative
and signed by the Governor. Any enhancements to the retirement plan would be cost
neutral to the City.
Upon request of the Association, the parties agree to meet and confer on possible
establishment of a Voluntary Employees' Beneficiary Association (VEBA).
At the request of the City or the Association, the parties agree to meet and confer on
the implementation of broad banding of classifications and recruitment incentives for
classifications that have been difficult to fill.
63
ARTICLE 40
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of
service; determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action; relieve its employees from
duty because of lack of work or for other legitimate reasons; maintain the efficiency of
governmental operations, determine the methods, means and personnel by which
government operations are to be conducted; determine the content of job
classifications; take all necessary actions to carry out its mission in emergencies; and
exercise complete control and discretion over its organization and the technology of
performing its work.
64
o
ARTICLE 41
PEACEFUL PERFORMANCE
If an employee participates in a strike or a concerted work stoppage, the City may
apply discipline up to and including discharge. However, nothing herein shall be so
construed as to affect the right of any employee to abandon or to resign his
employment.
A. Employee organizations shall not hinder, delay, or interfere, coerce
employees of the City to hinder, delay, or interfere with the peaceful
performance of City services by strike, concerted work stoppage,
cessation of work, slow -down, sit -down, stay -away, or unlawful picketing.
B. 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 of disciplinary actions, may by 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 employee organization or organizations participating in
such actions.
C. Employees 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, provided there is work to perform.
65
Any decision made under the provisions of the 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 ten (10) working days after the affected employee
organization 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.
..
U
ARTICLE _42
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. The 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, subject or matter arises during
the term of this Agreement and an action is proposed by the City, the Association shall
be afforded notice and shall have the right to meet and confer upon request.
67
ARTICLE 43
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
thirty (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.
.:
ARTICLE 44
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. The Association's principal authorized agent shall be the President
(address: 990 Palm Street, San Luis Obispo, California 93401: (805)
781 - 7196).
B. Management's principal authorized agent shall be the Human Resources
Director or his/her duly authorized representative (address: 990 Palm
Street, San Luis Obispo, CA 93401 -3249; telephone: (805) 781 - 7250).
-
ARTICLE 45
SIGNATURES
Classifications covered by this Agreement and included within this unit are shown in
Appendix "A ".
This Agreement becomes effective, as witnessed hereto by the following parties:
William Avery, City
Monica Moloney,- I/ 2-9/0y
Human Resources Director /Date
Other City Negotiating Team Members
Karen Jenny
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
ti
• 3 -1/
Ron Fana, PresidenVDate
Other SLOCEA Negotiating Team Members
Gary Keavney
Madelyn Paasch
Randy Stevenson
Greg Zocher
70
i I
APPENDIX A
CLASSIFICATIONS
The classifications listed below are those classifications represented by the
Association and are presented alphabetically which does not illustrate job families
nor functional groupings as shown in previous MOA's.
Accounting Assistant I
Accounting Assistant II
Accounting Assistant III
Administrative Assistant I
Administrative Assistant II
Administrative Assistant III
Assistant Engineer I
Assistant Engineer II
Associate Engineer
Associate Planner
Associate Transportation Engineer
Biologist
Building Inspector
Building Maintenance Technician
Building Permit Coordinator
Chief Lab Analyst
Code Enforcement Coordinator
Engineering Technician I
Engineering Technician II
Field Engineering Assistant
Fire Plan Check Inspector
GIS Specialist I
GIS Specialist II
Heavy Equipment Mechanic
Heavy Equipment Operator I
Heavy Equipment Operator II
Industrial Waste Inspector
Information Systems Technician I
Information Systems Technician II
Laboratory Analyst SBP
Maintenance Worker I
Maintenance Worker II - Buildings
Maintenance Worker II - Parks
Maintenance Worker II - Streets
Maintenance Worker III - Parks
Maintenance Worker III - Streets
Management Assistant
71
Parking Coordinator
Parking Enforcement Officer
Parking Meter Repair Worker
Parks Maintenance Technician
Permit Technician I
Permit Technician II
Planning Technician
Plans Examiner
Public Works Inspector
Radio Systems Technician
Recreation Coordinator I
Recreation Coordinator II
Signal Maintenance Electrician
Supervising Administrative Assistant
Telemetry & Instrument Technician
Traffic Engineer
Transportation Assistant
Transportation Associate
Tree Trimmer I
Tree Trimmer II
Urban Forest Technician/Arborist
Utilities Conservation Technician
Wastewater Collection System Operator SBP
Water Customer Service Personnel SBP
Water Distribution System Operator SBP
Water Reclamation Facility Chief Operator
Water Reclamation Facility Maintenance Technician SBP
Water Reclamation Facility Operator SBP
Water Supply Operator SBP
Water Treatment Plant Chief Operator
Water Treatment Plant Maintenance Technician SBP
Water Treatment Plant Operator SBP
72
C,
ATTACHMENT
SUPPLEMENTAL MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY
EMPLOYEES' ASSOCIATION
INTRODUCTION
This supplement is the Memorandum of Agreement entered into between the City of
San Luis Obispo and The San Luis Obispo City Employees' Association
commencing January 1, 1999 and any successor memoranda during the term of this
Supplemental Agreement.
SECTION 1: PURPOSE
The purpose of this supplemental Memorandum of Agreement is to implement, at the
election of the Association, the 2% at 55 retirement program asset forth in Article 15.
SECTION 2: TERM
This supplemental Memorandum of Agreement shall be for eight (8) years
commencing with implementation of the 26/6 at 55 retirement program.
SECTION 3: RETIREMENT IMPLEMENTATION
Upon meeting of the criteria set forth within Article 15 of the Memorandum of
Agreement between the City and Association referenced above, the City shall
implement the 2% at 55 retirement program and the employee shall pay for the 2%
at 55 retirement program as follows:
"Employees will pay the entire cost of the 2% at. 55 retirement
program. This cost shall be paid by the City reducing its payment at
the employees' retirement contribution (EPMC) by a percent exactly
equal to the cost of the 2% at 55 retirement program. The cost of the
program shall be defined as the incremental cost of the 2% at 55
retirement program. Incremental cost will be that percentage
identified by PERS when supplying the actuarial quotation for 2% at
55 implementation. Concurrent to the employees assuming
responsibility for a portion of payment of the employee retirement
share, the City shall implement an IRS 414h(2) provision allowing for
the employee to make this contribution on a pretax basis."
SECTION 4: INTENT
73
The intent of this supplemental Memorandum of Agreement is to ensure that the
parties' intent be memorialized for an extended period of time. The City's willingness
to implement the 2% at 55 retirement program has been conditioned upon the
employees' stated willingness to pay for it. - While this supplemental agreement runs
for eight (8) years, the intent of the parties continues past its expiration.
SECTION 5: MEMORANDA OF AGREEMENT
Except as modified by this supplemental Memoranda of Agreement the Memoranda
of Agreement between the City and Association commencing July 1, 1999 and all
successor Memoranda will remain unchanged.
74
�j'L!J/YLGCJ
RESOLUTION NO. 9520 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING THE APPEAL OF THE CULTURAL HERITAGE COMMITTEE
DETERMINATION OF 774 CAUDILL HISTORICAL SIGNIFICANCE
WHEREAS, on December 8, 2003 the Cultural Heritage Committee held a public hearing
to consider recommending to the City Council the addition of 774 Caudill Street to the Contributing
List of Historic Resources due to its historical and/or architectural significance to the community;
and
WHEREAS, on December 15, 2003, the applicant filed an appeal of the Cultural Heritage
Committee's determination of historical significance, disagreeing with the historic value of the
structure, stating that the neighborhood is now "commercialized" and that the building's
condition limits rehabilitation; and
WHEREAS, the City Council conducted a public hearing on January 20, 2004 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council; after consideration of the 774 Caudill Street
property, finds that it does not meet the Historic Resource Criteria For Building Evaluation and
Recommendations as listed in the Historic Preservation Program Guidelines, Criteria for Building
Evaluations, based on the following findings:
1. Though the residence is associated with the early "Little Italy" neighborhood, the
character of the neighborhood east of Broad Street has changed over the years, is
mostly commercialized, is zoned Manufacturing, and shows little resemblance to the
earlier Little Italy community;
2. The residence is not compatible with most neighboring structures, which are
predominately commercial structures and uses;
3. The property is not associated with any significant historical person or event.
SECTION 2. Granting the appeal. The appeal of the Cultural Heritage Committee
determination of 774 Caudill historical significance is hereby approved.
R 9520
Resolution Nc. 11520 (2004 Series)
Page 2
On motion of Council Member Settle, seconded by Council Member Ewa, , and on the
following r:;'•l call vote:
AYES' Council Members Ewan and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 20th day of January; 2004.
Mayor David F. Romero
ATTEST:
i
-- - I i:: -- - - _._
Lee Price, C..C.
City Clerk
APPROVED AS TO FORM:
Jo at ,_ P. Lowell, City Attorney
Cat)
RESOLUTION NO. 9519 (2004 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING AND RATIFYING AN ADDENDUM TO THE MEMORANDUM
OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523, FOR THE
PERIOD OF JULY 19 2001 — DECEMBER 31, 2005
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby
resolves as follows:
SECTION 1. The Addendum to the Memorandum of Agreement between the City of
San Luis Obispo and the International Association of Firefighters, Local 3523, 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: Mike King, International Association,
of Firefighters, Local 3523, and Monica Moloney, Director of Human Resources.
Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
the foregoing resolution was adopted this 6`i' day of January, 2004.
ATTEST-
Lee Price, C.M.C.
City Clerk
C�,/�f� i}isYO �t
Mayor David F. Romero
R 9519
Resolution No. 9519 (2004 Series)
Page 2
APPROVED AS TO FORM:
Jonathan P. well
City Attorney
c�rit.0 Qao�l �U� /,a-cat 5 a 3
EXHIBIT A.
R. -.9519
ADDENDUM
TO THE 2001 -05 MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3523
A. PURPOSE OF THIS ADDENDUM
Article 19 of the 2001 -05 Memorandum of Agreement (MOA) allowed negotiations to be re-
opened regarding the City's contribution to the cafeteria plan for 2003, 2004 and 2005..
Additionally, the parties have agreed to transfer the representation of the Fire Inspectors from
the San Luis Obispo City Employees' Association and the Hazardous Material Coordinator
from the unrepresented management group to the International Association of Firefighters
Local 3523 (Union):
This addendum confirms the agreement of the parties to modify the MOA. Except as
modified below, all other terms and conditions shall remain in full force and effect.
B. MODIFICATION OF CONTRIBUTION TO CAFETERIA PLAN
1. Article 19, Health Care Insurance, Section A, is modified as follows:
A. Contribution
Effective in December 2002, for the January 2003 premium, the City agrees to
contribute $675.00 per month for medical, dental, vision and life insurance for
each regular, full -time employee covered by this Agreement.
The City's total Cafeteria Plan .contribution will be modified in December 2003
and December 2004 and December.2005 by an amount equal to one -half of the
average percentage change in PERS health plans available in San Luis Obispo
County.. For example: if three plans were available and the year to year changes
were +10% +15% +20% respectively, the City's contribution would be increased
by 7.5% (10 %.+ 15% + 20% _ 3 = 15 %.x 1/2).
Effective in December 2003, for the January 2004 premium, the City's
contribution shall increase 5.89 % to $715.00 per month ( +17.9% -0.6% + 18.0%
3 = 11.77% x 1/2
Addendum To 2001 -05 ML—irandum of Agreement Page 2
International Association of Firefighters, Local 3523
C. REPRESENTATION OF FIRE INSPECTORS AND HAZARDOUS MATERIALS
COORDINATOR
The representation of the classification of Fire Inspectors shall be transferred from the
San Luis Obispo City Employees Association (SLOCEA) to the Union effective January
1,. 2003.
2. The representation of the classification of Hazardous Materials Coordinator shall be
transferred from the unrepresented management group to the Union effective May 1,
2003.
3. The Fire Inspectors and Hazardous Materials Coordinator will be eligible for all other
benefits currently afforded the other non -sworn employee represented by the Union.
4. Article 18, Uniform. Allowance; is modified to add paragraph G., as follows:
G. Non -Shift employees required to wear City uniforms shall be provided clean
uniforms. A uniform included either one shirt and pants combination or one pair of
coveralls.
Article 26, Workers' Compensation Leave, is modified to include the Fire Inspectors and
Hazardous Material Coordinator classifications as eligible for this benefit.
6. Article 29, Retirement, is modified to reflect the 2.7% at 55 retirement formula for all
non - safety personnel, and the City agrees to contribute up to 8% of the non - safety
members' obligation to contribute to PERS.
Appendix A, Classifications, is modified to add Fire Inspectors and Hazardous Materials
Coordinator classifications, as follows
CLASSIFICATION CODE SALARY RANGE
Fire Inspector
6198
626
Fire Inspector It
6200
630
Fire Inspector III
6202
633
Hazardous Materials Coordinator
6065
617
8. Appendix D, Salary Range Listing is modified to add Fire Inspectors and Hazardous
Materials Coordinator classifications, as follows:
1
Addendum To 2001 -05 Memorandum of Agreement Page 3
International Association of Firefighters, Local 3523
Salary Range Listing
July 2003
3% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
617
Haz Mat
4,693
4,939
5,199
5,473
5,761
Coordinator
2,166
2,280
2,400
2,526
2,659
626
Fire Inspector I
3,272
3,444
3,625
3,816
4,017
1;510
1,590
1,673
1,761
11854
630
Fire inspector 11
3,630
3,821
4,022
4,234
4,457
1,675
1,764
1,856
1,954
2,057
633
Fire Inspector III
3,925
4,131
4,349
4,578
4,819
1,811
1,907
2,007
2,113
2,224
January
2004
2% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
BI-Weekly
Bi- Weekly
617
Haz Mat
4,786
5,038
5,303
5,582
5,876
Coordinator
2,209
2,325
2,448
2,576
2,712
626
Fire Inspector 1
3,337
3,513
3,698
3,892
4,097
1,540
1,621
1,767
1,796
1,891
630
Fire Inspector II
3,702
3,897
4,102
4,318
4,546
1,709
1,799
1,893
1,993
2,098
633
Fire Inspector 111
4,002
4,213
4,435
4,668
4,914
1,847
1,945
2,047
2,155
2,268
July 2004
3% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekiy
612
Firefighter
3,806
4,228
4,451
4,685
4,932
5,191
1,756
1,952
2,054
2,162
2,276
2,396
615
Fire Engineer
4,578
4,819
5,072
5;339
5,626
2,113
2,224
2,341
2,464
2,594
616
Fire vehicle
4,694
4,941
.5,201
5,475
5,763
Mechanic
2,167
2,281
2,401
2,527
2,660
Addendum To 2001 -05 M._..orandum of Agreement Page 4
International Association of Firefighters, Local 3523
617
HezMat
4,929
5,188
5,461
5,749
6,052
Coordinator
2,275
2,395
2,521
2,653
2,793
621
Fire Captain
5,351
5,632
5;929
6,241
6,569
2,470
200
2,736
2,880
3,032
626
Fire Inspector 1
3,438
3,619
3,809
4,010
4;221
1,587
1,670
1,758
1,851
1,948
630
Fire Inspector II
3,814
4,014
4,226
4,448
4,682
1,760
1,853
1,950
2,053
2,161
633
Fire Inspector Ill
4,122
4,339
4;568
4,808
5,061
1,903
2,003
2,108
2,219
2,336
January
2,005
2' /6 Increase
Step 1
Step 2
Step3
Step4
Step 5 Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly /
Monthly/ Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly Bi- Weekly
617
Haz Mat
5,028
5,292
5,571
5,864
6,173
Coordinator
2,321
2,443
2,571
2,707
2,849
626
Fire Inspector 1
3,507
3,691
3,885
4,090
4,305
1,618
1,704
1,793
1,888
1,987
630
Fire Inspector II
3,890
4,094
4,310
4,537
4,775
1,795
1,890
1,989
2,094
2,204
633
Fire Inspector 111
4,205
4,427
4,660
4,905
5,163
1,941
2,043
2,151
2,264
2,383
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
ht,-I'--�
William Avery,
Wendy GC rge, Assistant CAO Mike King, President
Addendum To 2001 -05 Memorandum of Agreement Page 4
International Association of Firefighters, Local 3523
617
Haz Mat
4,929
51188
5,461
5,749
6,052
Coordinator
2,275
2,395
2,521
2,653
2,793
621
Fire Captain
5,351
5,632
5,929
6,241
6,569
2,470
2,600
2,736
2,880
3,032
626
Fire Inspector 1
3,438
3,619
3,809
4,010
4,221
1,587
1,670
1,758
1,851
1,948
630
Fire Inspector II
3,814
4,014
4,226
4,448
4,682
1,760
1,853
1,950
2,053
2,161
633
Fire Inspector III
4,122
4,339
4,568
4,808
5,061
1,903
2,003
2,108
2,219
2,336
January
2005
2% Increase
Step 1
Step 2
Step3
Step4
Step 5 Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/ Monthly/
Range
Title
Bi- weekly
Bi- weekly
Bi -Weeky
Bi- Weekly
Bi- weekly Bi- Weekly
617
Haz Mat
5,028
5,292
5,571
5,864
6,173
Coordinator
2,321
2,443
2,571
2,707
2,849
626
Fire Inspector 1
3,507
3,691
3,885
4,090
4,305
1;618
1,704
1,7.93
1,888
1,987
630
Fire Inspector II
3,890
4,094
4,310
4,537
4,775
1,795
1,890
1,989
2,094
2,204
633
Fire Inspector 111
4,205
4,427
4,660
4,905
51163
1,941
2,043
2,151
2,264
2,383
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
e"
William Avery,
Wendy G rge, Assistant CAO Mike King, President
�2
Addendum To 2001 -05 Memorandum of Agreement Page 3
International Association of Firefighters, Local 3523
Salary Range Listing .
July 2003
3% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
BI-Weekly
617
Haz Mat
4,693
4,939
5,199
5,473
5,761
Coordinator
2,166
21280
2,400
2,526
2,659
626
Fire Inspector 1
3,272
3,444
3,625
3,816
4,017
1,510
1,590
1,673
1,761
1,854
630
Fire Inspector 11
3,630
3,821
4,022
4,234
4,457
1,675
1,764
1,856
1,954
2,057
633
Fire Inspector III
3,925
4,131
4,349
4,578
4,819
1,811
1,907
2,007
2,113
2,224
January
2004
2% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
BI-Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
617
Haz Mat
4,786
5,038
5,303
5,582
5,876
Coordinator
2,209
2,325
2,448
2,576
2,712
626
Fire Inspector 1
3,337
3,513
3,698
3,892
4,097
1,540
1,621
1,707
1,796
1,891
630
Fire Inspector 11
3,702
3,897
4,102
4,318
4,546
1,709
1,799
1,893
1,993
2,098
633
Fire Inspector Ill
4,002
4,213
4,435
4,668
4,914
1,847
1,945
2,047
2,155
2,268
July 2004
3% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
BI-Weekly
Bi- Weekly
Bi- Weekly
BI- Weekly
Bi- Weekly
Bi- Weekly
612
Firefighter
3,806
4,228
4,451
4,685
4,932
5,191
1,756
1,952
2,054
2,162
2,276
2,396
615
Fire Engineer
4,578
4,819
5,072
5,339
5,620
2;113
2,224
2,341
2,464
2,594
616
Fire vehicle
4,694
4,941
5,201
5,475
5,763
Mechanic
2,167
2,281
2,401
2,527
2,660
RESOLUTION NO. 9518 (2004 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING AND RATIFYING AN ADDENDUM TO THE MEMORANDUM
OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS
OBISPO POLICE OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 2000 -
JUNE 30, 2004
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby
resolves as follows:
SECTION 1. The Addendum to the Memorandum of Agreement between the City of
San Luis Obispo and the San Luis Obispo City Police Officers' Association (POA), 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: Dale Strobridge, San Luis Obispo
Police Officers' Association, and Monica Moloney, Director of Human Resources.
Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
the foregoing resolution was adopted this 6`h day of January, 2004.
Mayor David F. Romero
ATTEST:
Lee Price, C.M.C.
City Clerk
R 9518
Resolution No. 951- 8 (2004 Series)
Page 2
APPROVED AS TO FORM:
Jonathan Lowell
City Attorney
i�
r� R
-PD / .
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
POLICE OFFICERS’ ASSOCIATION
JULY 1, 2000 - JUNE 30, 2004
TABLE OF CONTENTS
Article No. Title Page No.
1 Preamble............................................................................1
2 Recognition ........................................................................2
3 Check Off/Dues Deduction ................................................3
4 Employee Rights................................................................4
5 Management Rights...........................................................5
6 Representative Role...........................................................6
7 Salary .................................................................................7
8 Master Police Officer Program.........................................13
9 Reclassification/Communications Supervisor .................15
10 Bilingual Pay.....................................................................16
11 Overtime - Sworn .............................................................17
12 Overtime – Non-Sworn ....................................................19
13 Work Out-Of-Grade..........................................................21
14 Standby ............................................................................22
15 Education Incentive..........................................................23
16 Uniform Allowance ...........................................................25
17 Health Care Insurance.....................................................26
18 Retirement........................................................................30
19 Seniority............................................................................31
20 Holidays............................................................................32
21 Vacation............................................................................34
22 Sick Leave........................................................................35
23 Family Leave....................................................................36
24 Bereavement Leave.........................................................38
25 Catastrophic Leave..........................................................39
26 Workers’ Compensation Leave........................................41
27 Jury Duty and Military Leaves..........................................42
Article No. Title Page No.
28 General Provisions...........................................................43
29 Residency Requirements.................................................44
30 Promotional Policy............................................................45
31 Definitions.........................................................................50
32 Grievance Procedure.......................................................51
33 Layoffs..............................................................................53
34 Work Actions....................................................................55
35 Communication Process..................................................56
36 Notice to the Association..................................................57
37 Equipment ........................................................................58
38 Light Duty .........................................................................59
39 Work Schedules...............................................................60
40 SWAT...............................................................................62
41 Traumatic Incidents..........................................................63
42 No Discrimination.............................................................64
43 Reopeners........................................................................65
44 Full Agreement.................................................................66
45 Savings Clause ................................................................67
46 Renegotiations .................................................................68
47 Term of Agreement..........................................................69
Appendix “A” - Classification............................................70
Appendix “B” – Grievance Forms ....................................71
Appendix “C” – Patrol 3/12 Work Plan.............................74
Appendix “D” – Communications Work Plan...................82
Appendix “E” – Flexible Benefits Plan .............................88
Appendix “F” – Shift Adjustment......................................91
Appendix “G” – Rules Governing Salary Increases ........93
ARTICLE 1
PREAMBLE
1.1 This Agreement is effective and entered into this 1st day of July, 2000, 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 Charter Section 1107 or Resolution No. 6620 (1989 Series) unless so
stipulated to by provision(s) contained herein and agreed to.
1
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.
2
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.
3
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.
4
ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission
of its constituent departments, commissions and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of government operations; determine the methods,
means and personnel by which government operations are to be conducted; determine the
content of the job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and the
technology for performing its work.
The City’s exercise of its rights under this section are subject to the provisions of City Charter
Section 1107 and applicable State law.
5
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:
(A) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Police Chief or other authorized City
management official. If employee representatives cannot be released, date of
meeting will be rescheduled in accordance with item (B) below. That any such
meeting is subject to scheduling by City management consistent with operating
needs and work schedules. Nothing provided herein, however, shall limit or
restrict City management from scheduling such meetings before or after regular
duty or work hours.
(B) Association members will donate a total of 250 hours per year (inclusive of any
carryover time) of vacation time, holiday time, and compensatory time off to an
Association "time bank" under the following guidelines:
1. Only Association officers or bargaining team members may draw from the
bank.
2. Requests to use time from the bank must be made reasonably in advance
of the use. Approval is subject to the operational necessity of the
department and normal time off approval processes.
3. Within 120 days, the parties will establish the administrative details of this
program through a mutually agreed upon side letter.
6
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 (4272 [1980 Series], incorporated herein as Appendix G)
with the following modifications:
A. Advancement to the second and third steps in the salary range shall be at twelve-
month intervals.
B. 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.
Effective the first full payroll period in January 2002, the salary range for Police Officer
consists of seven steps (1 through 7). Steps 1 through 6 equal 95% of the next highest
step, computed to the nearest $1.00. The salary range for Communications Technician,
Evidence Technician, Field Services Technician and Police Cadet consists of five steps (1
through 5).
Each across-the-board % salary increase shall raise each step of the range by the %.
Step 5 of each successive salary range will be 2.63% above step 5 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
7
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 4 or 5 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.
Effective the first full payroll period in January 2002, employees occupying steps 1 or 2
of the December 2001 salary range shall be advanced to the new step 1 (December salary
range, old step 3). Employees occupying steps 3 through 7 in the December salary range
shall each advance 1 step in the new range. Subsequent increases will occur on the
employee’s anniversary date or based on meeting Master Police Officer requirements for
steps 6 and 7.
Effective the first full payroll period in January 2002, Communication Technicians and
Police Cadets occupying Step 1 of the December 2001 salary range shall be advanced to
the new Step 1.
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: Sworn Non-Sworn
July 2000 5.0% 5.0%
July 2001 3.0% 3.0%
January 2002 2.0% 2.0%
July 2002 3.0% 3.0%(.5%for FST)
January 2003 2.0% 2.0%
July 2003 2.0% 5.0%
January, 2004 2.0%
The Field Service Technician job descriptions shall be modified to eliminate the
requirement of emergency medical dispatch certification and dispatch relief.
8
7.3 Salary Range Listing – July 2000 through June 2004
July 2000 5% Increase
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Salary Position Monthly/ 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 Bi-Weekly
705 Police Cadet 2,860 3,011 3,169 3,336 3,512 3,696
1,320 1,390 1,463 1,540 1,621 1,706
707 Field Service 3,092 3,254 3,425 3,606 3,796 3,995
Technician 1,427 1,502 1,581 1,664 1,752 1,844
708 Communications 3,092 3,254 3,425 3,606 3,796 3,995
Technician I 1,427 1,502 1,581 1,664 1,752 1,844
720 Evidence 4,116 4,332 4,561 4,801 5,053 5,319
Technician 1,900 2,000 2,105 2,216 2,332 2,455
750 Police Officer 3,660 3,852 4,055 4,268 4,493 4,730 4,978 5,241 5,516
1,689 1,778 1,872 1,970 2,074 2,183 2,298 2,419 2,546
July 2001 3% Increase
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Salary Position Monthly/ 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 Bi-Weekly
705 Police Cadet 2,946 3,101 3,264 3,436 3,616 3,807
1,360 1,431 1,506 1,586 1,669 1,757
707 Field Service 3,184 3,351 3,528 3,713 3,909 4,115
Technician 1,469 1,547 1,628 1,714 1,804 1,899
708 Communications 3,184 3,351 3,528 3,713 3,909 4,115
Technician I 1,469 1,547 1,628 1,714 1,804 1,899
720 Evidence 4,240 4,463 4,698 4,945 5,206 5,480
Technician 1,957 2,060 2,168 2,282 2,403 2,529
750 Police Officer 3,769 3,967 4,176 4,396 4,627 4,871 5,127 5,397 5,681
1,739 1,831 1,927 2,029 2,136 2,248 2,366 2,491 2,622
9
January 2002 2% Increase
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
705 Police Cadet 3,162 3,329 3,504 3,689 3,883
1,460 1,536 1,617 1,702 1,792
707 Field Service 3,418 3,598 3,788 3,987 4,197
Technician 1,578 1,661 1,748 1,840 1,937
708 Communications 3,418 3,598 3,788 3,987 4,197
Technician I 1,578 1,661 1,748 1,840 1,937
720 Evidence 4,553 4,793 5,045 5,311 5,590
Technician 2,101 2,212 2,328 2,451 2,580
750 Police Officer 4,259 4,483 4,719 4,967 5,229 5,504 5,794
1,966 2,069 2,178 2,293 2,413 2,540 2,674
July 2002 .5% Increase for Field Service Technicians and
3% for all others
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
705 Police Cadet 3,258 3,429 3,610 3,800 4,000
1,504 1,583 1,666 1,754 1,846
707 Field Service 3,436 3,617 3,807 4,008 4,219
Technician 1,586 1,669 1,757 1,850 1,947
708 Communications 3,521 3,706 3,901 4,106 4,323
Technician I 1,625 1,710 1,800 1,895 1,995
720 Evidence 4,689 4,936 5,196 5,469 5,757
Technician 2,164 2,278 2,398 2,524 2,657
750 Police Officer 4,386 4,617 4,860 5,116 5,385 5,669 5,967
2,024 2,131 2,243 2,361 2,485 2,616 2,754
10
11
January 2003 2% Increase
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
705 Police Cadet 3,323 3,498 3,682 3,876 4,080
1,534 1,614 1,699 1,789 1,883
707 Field Service 3,505 3,689 3,883 4,088 4,303
Technician 1,618 1,703 1,792 1,887 1,986
708 Communications 3,591 3,780 3,979 4,189 4,409
Technician I 1,658 1,745 1,837 1,933 2,035
720 Evidence 4,783 5,034 5,299 5,578 5,872
Technician 2,207 2,323 2,446 2,575 2,710
750 Police Officer 4,474 4,709 4,957 5,218 5,493 5,782 6,086
2,065 2,174 2,288 2,408 2,535 2,669 2,809
July 2003 2% Increase for Sworn and 5% Increase for Non-Sworn
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
705 Police Cadet 3,489 3,673 3,866 4,069 4,284
1,610 1,695 1,784 1,878 1,977
707 Field Service 3,680 3,873 4,077 4,292 4,518
Technician 1,698 1,788 1,882 1,981 2,085
708 Communications 3,771 3,970 4,179 4,399 4,630
Technician I 1,741 1,832 1,929 2,030 2,137
720 Evidence 5,023 5,287 5,565 5,858 6,166
Technician 2,318 2,440 2,569 2,704 2,846
750 Police Officer 4,563 4,803 5,056 5,322 5,602 5,897 6,208
2,106 2,217 2,334 2,456 2,586 2,722 2,865
January 2004 2% Increase for Sworn
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
705 Police Cadet 3,489 3,673 3,866 4,069 4,284
1,610 1,695 1,784 1,878 1,977
707 Field Service 3,680 3,873 4,077 4,292 4,518
Technician 1,698 1,788 1,882 1,981 2,085
708 Communications 3,771 3,970 4,179 4,399 4,630
Technician I 1,741 1,832 1,929 2,030 2,137
720 Evidence 5,023 5,287 5,565 5,858 6,166
Technician 2,318 2,440 2,569 2,704 2,846
750 Police Officer 4,654 4,899 5,157 5,428 5,714 6,014 6,331
2,148 2,261 2,380 2,505 2,637 2,776 2,922
12
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 3 years
S.O.R.T. 3 years
Traffic Officer 3 years
Investigator 4 years
DARE and SRO 3 years
Crime Scene Investigator 3 years
Range Master* 4 years
Downtown Officer 3 years
* Applicable for MPO II only
Officers presently serving in specialty assignments shall have the option of serving out
the longer of the previous or new term with full credit for the assignment. Example:
S.O.R.T., previously a two-year term, may opt for a three year term. Traffic Officer,
previously a four year term, may opt for completing four years or rotating out of the
assignment at the completion of three years with full credit for the assignment.
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 two steps on the salary range.
8.4 Master Police Officer I
Two full years at Step 5 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 6.
13
8.5 Master Police Officer II
Three full years at the Master Police Officer I level.
Must have obtained an advanced POST Certificate.
Must have completed a second specialty assignment and at least two years in a third
specialty assignment.
Reassignment, with a break in service, to the same assignment will be credited as a
third assignment. 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 7.
Officers at the MPO II 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 S.O.R.T., 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.
14
ARTICLE 9
RECLASSIFICATION/COMMUNICATIONS SUPERVISOR
9.1 The City shall reclassify two Communications Technician positions to Communications
Supervisor positions.
9.2 Communications Supervisors shall be responsible for shift supervision, employee
performance evaluations including monthly counseling evaluations, scheduling, and
training issues including new hires and in-service training. They shall report directly to
the Communications Manager.
9.3 Communications Supervisors shall have a work schedule determined by the Department
that ensures appropriate coverage for all communications personnel.
9.4 Compensation for Communications Supervisors shall be established at two steps above
top step for Communications Technicians.
15
ARTICLE 10
BILINGUAL PAY
10.1 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.
.
16
ARTICLE 11
OVERTIME - SWORN
11.1 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.
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 80
hours of compensatory time off.
B. Overtime earned in excess of the first 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.
C. The Association and the City agree that CTO usage is subject to normal time off
approval processes and may be denied if it would result in the need for overtime
coverage (except when scheduled in conjunction with approved vacation during
the annual vacation sign-ups).
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.
17
11.5 CALL BACK
Effective the first full pay period upon ratification, employees called back to work at
hours not contiguous to their normally scheduled shift shall be guaranteed a three-hour
minimum payment at time and one half. Unanticipated emergency call-backs (criminal
investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will
include a total 30 minutes for travel time.
11.6 COURT TIME
A. Effective the first full pay period upon ratification, employees reporting for court
duty shall be guaranteed three hours minimum payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
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.
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
OVERTIME - NON-SWORN
12.1 DEFINITION
Overtime is defined as all hours worked in excess of 40 hours worked in a workweek.
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.
12.4 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.
12.5 CALL BACK
Effective the first full pay period upon ratification, employees called back to work at
hours not contiguous to their normally scheduled shift shall be guaranteed a three-hour
minimum payment at time and one half. Unanticipated emergency call-backs (criminal
investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will
include a total 30 minutes for travel time.
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12.6 COURT TIME
A. Effective the first full pay period upon ratification, employees reporting for court
duty shall be guaranteed three hours minimum payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
12.7 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.
12.8 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.
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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 workdays, or eighty consecutive work
hours, in which case the step increase becomes effective on the first workday.
B. The person being temporarily replaced is on 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
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. 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. Each calendar day starts a new standby period.
Investigator
A. Investigators placed on standby shall be compensated $30 per day Monday
through Friday, and $35 per day for other days of standby.
B. Standby shall be rotated among the assigned investigators. Normally, the standby
assignment shall be for a period of one week.
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ARTICLE 15
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 from an accredited college or university.
B. JOB RELATED FIELDS. Degrees must be either in directly job related fields or include
at least 30 semester, or City-approved equivalent, units of job related coursework in the
case of an A.A. degree and at least 60 semester, or City-approved equivalent, units in the
case of a B.A. Should an employee qualify for the one-half step basic benefit by having
completed 60 or more semester units or City-approved equivalent, at least 30 of those
units must be in job related coursework. All qualifying coursework must be graded at
"C" or Pass or better.
C. APPLICATION AND APPROVAL. Application for the incentive pay shall be made by
the employee to the Chief of Police at least 30 days before the date the payment of the
incentive pay is to be effective. Approval of the Chief of Police and the Director of
Human Resources shall be required.
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
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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 that does not entitle employees to such incentives.
F. NEW EMPLOYEES. The basic benefit for employees 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 —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 all required
uniform pieces.
16.2 The uniform allowance shall be:
1 July, 2000…. $800.00
1 July, 2002…. $850.00
1 July, 2003…. $900.00
This shall be issued to the employee with the first payroll check each July.
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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ARTICLE 17
HEALTH CARE INSURANCE
17.1 CONTRIBUTION
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.
Effective March 1, 2002, the City’s contribution shall be modified and increased as
follows:
Employee $290.00
Employees Plus One $540.00
Family $690.00
Employees shall be eligible for the City contributions set forth above based on the
number of dependents they enroll in the PERS Health Benefit Program. Employees
opting out of health coverage as provided for below, shall also receive payment at the
employee only level.
Effective in January 2003 and 2004, the City’s contribution shall be changed by an
amount equal to the average increase change for health coverage in the PERS HMOs
available in San Luis Obispo County by category (i.e. Employee, Employee Plus One and
Family). Should fewer than three PERS HMO’s be available in San Luis Obispo County,
the City and Association agree to meet and confer on modification to the formula for the
contribution adjustment for January 2003-04.
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
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$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 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 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
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.
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.
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D. Long Term Disability Insurance (LTD)
Sworn employees are covered for Long Term Disability Insurance through the
Association and are responsible for premium payments. Non-sworn employees
continue to be covered under the City’s Long Term Disability Insurance Program.
17.3 FLEXIBLE BENEFITS PLAN
The 1988-1993 addendum outlining the flexible benefits plan is incorporated herein as
Appendix E.
The non-reimbursed maximum medical cost will be $2,400 per calendar year.
17.4 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non-voting
representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall be to:
1. Review and suggest changes for the City's 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.
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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.
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.
17.5 HEALTH INSURANCE FOR UNIT MEMBER SURVIVORS
The City shall maintain and pay for the existing level of benefits for one (1) year for the
surviving family of a unit member who dies while in the line of duty.
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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 55 for all non-sworn personnel. The 2% at
age 50 plan includes four amendments, namely, Post Retirement Survivor Allowance, the
1959 Survivor's Benefit, Level Four, age 50 voluntary retirement, military service credit,
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 55 plan has three amendments, 1959 Survivor's Benefit, Level Four,
one year final compensation, military service credit, and conversion of unused sick leave
credit to additional retirement credit.
Effective no later than March 1, 2003, the City shall amend its PERS Public Employees
Retirement System program to the full formula 3% at 50 plan for all sworn personnel.
The City shall implement the single highest year benefit for all sworn unit personnel as
soon as possible.
18.2 Effective January 1, 2000, the City discontinued paying the sworn employees’ share of
the PERS Contribution (9%) and the non-sworn employees’ share of the PERS
Contribution (7%). The 9% and the 7% were added to the employees’ base salaries and
reported as compensation to PERS. The employee pays to PERS their contribution; as
allowed under Internal Revenue Code Section 414 (h) (2) the contribution is made on a
pre-tax basis.
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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 thirteen 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 – Presidents’ Day
Last Monday in May – Memorial Day
July 4 – Independence Day
First Monday in September – Labor Day
September 9 – California Admission Day
Second Monday in October – Columbus Day
November 11– Veteran's Day
Fourth Thursday in November – Thanksgiving Day
Friday after Thanksgiving Day
December 25 – Christmas
One-half day before Christmas
One-half day before New Year's
20.2 When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed.
20.3 Except with the prior approval of the Chief, non-shift personnel shall take the holidays as
scheduled above.
20.4 Each employee shall earn 4.33 hours of holiday leave semi-monthly, in lieu of fixed
holidays. Such employees shall receive payment at straight time hourly rate for a portion
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of their earned holiday leave (2.16 hours) each semi-monthly payroll period.
20.5 Effective January 2002, the remainder of the employee’s annual holiday leave (52 hours)
shall be advanced to the employee effective the first payroll period in January of each
year. Such holiday leave may be taken off by the employee with the approval of the
Police Chief or his designee.
20.6 Each calendar quarter, an employee has the option of receiving payment for one-fourth
(1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and
payment of advanced holiday time may not exceed 52 hours. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
employee at the straight time rate. The December 2002 cash out will include all
remaining holiday hours, even those that had been earned under the previous holiday
provisions. If an employee terminates for any reason, having taken off hours in excess of
his/her prorated share, the value of the overage will be deducted from the employee’s
final paycheck..
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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 48 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.
21.4 Patrol Vacation Assignment
The master vacation schedule shall provide that two officers per watch shall be allowed
to sign up for priority vacation. Officers shall only be required to sign up for regular
workdays.
Two additional officers (a total of four) shall be allowed to sign up on the master vacation
schedule. The Department, under normal circumstances, dependent upon staffing level
needs, may accommodate up to a maximum total of two officers per day per shift
vacation leave.
Subject to the limitations above, after the posting of shifts/days off for each shift rotation,
employees shall be allowed to request, by seniority, for additional available vacation
days.
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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 – 25%
B. Retirement and actual commencement of PERS benefits:
1. After twenty years of continuous employment – 20%
2. After twenty-five years of continuous employment – 25%
3. After thirty years of continuous employment – 30%
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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 If the family member is a child, a parent or spouse, an employee may use up to forty-
eight (48) hours annually to tend to the illness of a child, parent or spouse, instead of the
annual maximums set forth in paragraphs 23.1 and 23.2 in accordance with Labor Code
Section 233.
23.4 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.
23.5 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.
23.6 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).
B. A seriously ill child, spouse or parent who requires hospitalization or continuing
treatment by a physician.
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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.
23.7 Employees on Family/Medical Leave will continue to receive the City's contribution
towards 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. The City will pay only City group health insurance premiums.
23.8 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.
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) may be 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.
F. The request for participation in the program shall be made on an Application for
Catastrophic Leave Program form.
25.2 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
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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.
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 Director of Human Resources.
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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
JURY DUTY AND MILITARY LEAVES
27.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury, and
when not excluded there from, or when subpoenaed to appear as a witness at any trial,
shall be compensated for the time required to be spent under the jurisdiction of the court
by an amount equal to the difference between the pay he/she received as a juror and
his/her regular daily rate received from the City. The difference between the time
required to be spent on jury duty and the normal workday of the employee shall be spent
performing the employee’s regular job assignments unless the department head, upon
approval of the Director of Human Resources, determines this not to be practical.
27.2 MILITARY LEAVE
Any line-item employee shall receive normal salary and fringe benefits during the first
thirty days of any period of temporary military leave. Such compensation shall not
exceed thirty calendar days in any one fiscal year. Any temporary military leave in
excess of thirty days in one fiscal year shall be taken as vacation leave or leave of
absence without pay.
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ARTICLE 28
GENERAL PROVISIONS
28.1 Payday
Paychecks will be disbursed on a bi-weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working conditions and
is subject to adjustment for cause beyond the City's control.
28.2 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. Effective January 1, 2002, the practice of issuing paychecks
prior to vacation shall be discontinued.
28.3 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 29
RESIDENCY REQUIREMENTS
An officer's place of residence shall be within a one-hour driving radius from the San Luis
Obispo Police Department.
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ARTICLE 30
PROMOTIONAL POLICY
Promotions from Police Officer to Police Sergeant shall be subject to the following:
1. Job Announcement. When the Police Department notifies the Department of Human
Resources of a Sergeant position vacancy, the Department of Human Resources will
publish a job announcement. The job announcement will identify the selection
procedure, which includes the application process, test components with their weights
expressed as a percentage of the total score, and tentative dates of the testing schedule.
Whenever available, the City will identify study materials at least 60 days in advance of a
test.
2. Application Process. A completed City application must be received in the Department
of Human Resources by the filing deadline. The filing deadline will be at least 30 days
from the date the job announcement is released by the Department of Human Resources.
3. Testing Components.
A. Written Test: The written test will count as 20% of the final score.
1. A standardized Police Sergeants multiple-choice test as provided by a
testing service, such as Cooperative Personnel Services (CPS) or
International Personnel Management Association (IPMA). If available,
the City will provide a list of suggested study materials.
2. A score of 70% or better on the written test will enable a candidate to
proceed in the testing process. A score below 70% will disqualify a
candidate from further consideration.
3. All candidates will have the right to review with a representative from the
Department of Human Resources their own written test results so that the
candidate may have the opportunity to improve in the future.
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4. The Chief or his designee will review the test before it is given to ensure
that the exam contains material relevant to a supervisory position in San
Luis Obispo.
B. Assessment Center will count as 60% of the final score.
1. The Assessment Center may consist of 2 or more exercises. One of these
exercises will be a traditional oral board interview. Other exercises may
include a situational role-playing, oral resume, simulation exercises; and a
supplemental questionnaire to assess written communication, critical
thinking, problem solving and leadership skills, or other testing
instruments as determined by the Human Resource Director in
consultation with the Police Chief. The Human Resources Director shall
determine the weight of each Assessment Center activity. In no case shall
the oral interview count less than 60% of the total Assessment Center
score.
2. The evaluators will be members of the law enforcement community.
Selection of the evaluators will be made by the Human Resources Director
in consultation with the Chief of Police. The Human Resources Director
or his/her designee from the HR Department will be responsible for
instructing the raters on how to conduct interviews and the scope of the
interviews.
3. A Police Department observer as appointed by the Chief of Police and an
Association observer as appointed by the Association may monitor the
Assessment Center. The Association observer must be a neutral, non-unit
member not a part of, nor directly impacted by the testing process. Both
observers shall be subject to approval by the Human Resources Director.
The Chief of Police or his/her designee will provide the evaluators and
observers with information about the qualifications desired for the position
being tested.
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4. At the conclusion of the testing process, each candidate will be asked to
complete an anonymous evaluation of the testing procedure. This will be
used to make improvements on the process. The evaluation will not be
used in determining the final outcome of the testing process.
C. Staff Evaluation will count as 20% of the total score. In addition to this review,
the Chief shall review the candidate’s personnel files prior to making an
appointment. The staff evaluation will not be provided to the oral panel.
1. Past and present day performance is a significant factor, which should be
considered when determining a candidate’s promotability.
2. Each candidate who passes the written test will be evaluated by all sworn
members of the Department with the rank of sergeant or lieutenant,
excluding the Captains and the Chief of Police.
3. Subject to the approval of the Police Chief, if a supervisor feels he or she
is unable to conduct an impartial evaluation due to unfamiliarity with a
given applicant, he or she may opt not to evaluate the candidate but will be
required to document the lack of familiarity on the evaluation form.
4. Staff evaluators will be able to review the three (3) most current
performance evaluations and documentation from the last 24 months of
counseling sessions.
5. Staff evaluations are to be in writing on a form developed by the Director
of Human Resources and signed by the evaluator.
6. The staff evaluations will be discussed in a staff meeting.
7. Each applicant’s evaluation forms shall be available for review by the
applicant. The applicant shall not have access to the other applicants’
evaluation forms.
8. Final scores will be tabulated by the Department of Human Resources.
Prior to the score tabulation, applicants will have the opportunity to
request in writing that the Department of Human Resources correct any
factual errors contained in the applicant’s staff evaluation.
47
D. Peer evaluation is not compulsory, is only advisory to the Chief of Police and
does not count toward the final score.
1. Peer evaluation is limited to those candidates who pass the Assessment
Center.
2. All regular Department employees below the rank of Sergeant may
complete a peer evaluation on a form developed by the Director of Human
Resources.
3. Participants must verify their eligibility to participate in the peer review
process.
4. The results of the peer evaluation will be tabulated by the Department of
Human Resources. All forms will be anonymously forwarded to the Chief
of Police.
5. The tabulated results of the peer evaluation for each individual candidate
shall be released to the individual candidate upon request of the Human
Resources Director after the eligibility list has been certified.
4. Final Selection.
A. Upon completion of the testing process, the Department of Human Resources
shall tabulate the scores.
B. Candidates will be ranked by total score. Candidates scoring below 70% will be
ranked unqualified and not placed on the eligibility list. Each candidate will be
individually given his/her score in writing.
C. Final selection by the Police Chief will be in accordance with the City’s Personnel
Rules and Regulations.
D. The eligibility list shall be valid for one year unless extended, in accordance with
the City’s Personnel Rules and Regulations.
E. Announcements for promotional opportunities for members of the Association
will list testing and scoring processes that will be followed. Once defined, testing
and scoring processes will not be modified.
48
There will be no banding on promotional exams and, if a candidate is by-passed
during the selection process, that person will be given a written reason by the
Police Chief as to why he/she was by-passed. The City agrees to an opener to
discuss the promotional process if the Police Chief goes below the top three (3)
candidates in making his selection on promotional exams two (2) or more times
during the term of this contract.
49
ARTICLE 31
DEFINITIONS
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.
50
ARTICLE 32
GRIEVANCE PROCEDURE
32.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of
Charter Section 1107, the Employer-Employee Resolution, the Personnel Rules and
Regulations, this MOA or any existing written policy or procedure relating to wages,
hours or other terms and conditions of employment excluding disciplinary matters. A
grievance filed by an individual employee should be clearly identified as a formal
grievance. This will be accomplished through the use of a formal grievance form (See
Appendix B).
32.2 Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. A formal grievance should be filed
only after the employee has attempted to resolve the disagreement with 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.
32.3 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 representatives advising of his decision.
32.4 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.
51
32.5 The grievance procedures shall be outlined in the Personnel Rules and Regulations.
32.6 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.
32.7 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.
52
ARTICLE 33
LAYOFFS
33.1 Layoffs shall be governed by job performance and seniority in service within the
department and job classification. For the purpose of implementing this provision, job
performance categories shall be defined as follows:
Category 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.
33.2 A regular employee being laid off shall be that employee with the least seniority in the
particular job classification concerned who is in the lowest job performance category.
Employees in Category I with the lowest seniority will be laid off first, followed by
employees in Category II. Should the two performance evaluations contain overall
ratings that are in the two different Categories as defined above, the third most recent
evaluation overall rating shall be used to determine which performance category the City
shall use in determining order of layoffs.
53
33.3 The parties agree that employees who are laid off pursuant to this Article shall have
reemployment rights prior to the employment of individuals on an open or promotion list.
The employee to be rehired must, at the time of rehire, meet the minimum qualifications
as stated in the appropriate class specifications. Employees will be rehired on the basis of
last out, first in.
54
ARTICLE 34
WORK ACTIONS
38.2 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.
38.3 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.
38.4 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.
38.5 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.
38.6 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.
55
ARTICLE 35
COMMUNICATION PROCESS
35.1 Conferences
There will be meetings as needed between the Chief of Police and management member(s)
and at least two Association representatives to discuss problems or other subjects of mutual
interest. Minutes of the meeting will be maintained to reflect topics discussed, actions to
be taken, the party responsible for any action and the expected completion date.
35.2 Quarterly Meetings
Two to four representatives of the Association, the City Administrative Officer (or
designee), Chief of Police (or designee), and management representative(s) 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.
56
ARTICLE 36
NOTICE TO THE ASSOCIATION
Prior to making changes directly and primarily relating to matters within the scope of
representation, the City shall give the Association advance notice and the opportunity to meet
and confer with City representatives prior to making the change(s).
57
ARTICLE 37
EQUIPMENT
The City agrees to provide each sworn employee of the Association a Bianchi "Accumold"
utility belt. 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.
58
ARTICLE 38
LIGHT DUTY
The City and the Association have met and conferred on a light duty/return to work policy,
which is established by mutual agreement as Police Department Operations Directive L-02,
dated May 12, 1999.
59
ARTICLE 39
WORK SCHEDULES
39.1 The existing side letter agreements for schedules in patrol and communications are
incorporated herein as Appendices C & D. Other division/assignments may be provided
alternate work schedules under the following language:
Employees may request that the Department Head or his/her designee consider alternate
work schedules. Examples of alternate work schedules include 4/10 schedules, 9/80
schedules, 12-hour schedules, flexible schedules, etc. Alternate schedules may provide for
paid or unpaid lunch periods of 30, 45 or 60 minutes.
Except in cases of emergency, employees will be provided advance notice of at least thirty
calendar days prior to having an alternate work schedule discontinued. Such notice does
not apply to moving between alternate schedules, temporary schedule changes, flexible
schedules, etc. If an alternate schedule is discontinued, the Department will notify the
Association of the reason(s) for ending the schedule.
Employees on flexible/alternate schedules shall continue to accrue time on the standard
eight (8) hour day. Accrued leave shall be charged based on the number of hours missed
due to a flexible schedule.
Implementation of flexible/alternate schedules in non-sworn employee(s) may have a
different FLSA seven (7) day work cycle established. Once established, the FLSA work
schedule shall not be changed on a frequent or routine basis.
39.2 Appendix D, Work Schedule for Communication Technicians shall be modified to read:
“Shift assignments will consist of Day Watch, Night Watch, Day Relief and Night
Relief.
60
With the exception of the relief shifts while covering vacation and holidays, days off will
not be split without the employee’s agreement except under emergency circumstances.
Paybacks will be scheduled in conjunction with work days, by seniority, as staffing
permits.
No employee will be allowed to work a particular shift assignment for more than two
consecutive rotation periods, except as authorized by the Communications Manager.
This will also include Relief Shift that works the same general hours.”
39.3 Shift adjustment guidelines are incorporated herein as Appendix F.
39.4 Field Service Technicians will be entitled to a thirty minute unpaid lunch break.
61
ARTICLE 40
SWAT
SWAT team members are required to maintain a higher standard of physical fitness than the
normal employee. The City will reimburse each SWAT team member who voluntarily joins a
physical fitness gym for the cost of the membership and monthly charges up to a maximum
yearly rate of $375.00 per member. At the City’s request each member requesting
reimbursement may be required to provide proof of membership and active participation.
62
ARTICLE 41
TRAUMATIC INCIDENTS
Employees involved in a traumatic critical incident as defined by Operations Directive T-12,
where the employee may be subject to investigation, shall be advised of his/her right to
representation.
63
ARTICLE 42
NO DISCRIMINATION
42.1 There shall be no discrimination by the City of San Luis Obispo in employment conditions
or treatment of employees on the basis of race, color, religion, national origin, sex, sexual
orientation, age, marital status, physical or mental disability, association membership or
non-membership, or participation in the activities of the Association.
42.2 There shall be no discrimination by the San Luis Obispo Police Officers Association in
treatment of employees on the basis of race, color, religion, national origin, sex, sexual
orientation, age, marital status, physical or mental disability, Association membership or
non-membership, or participation in the activities of the Association.
64
ARTICLE 43
REOPENERS
Upon request of either party, the City and Association agree to reopen negotiations during the
term of this agreement on:
• Implementation of improved retirement programs for non-sworn employees. Any such
implementation shall be on a cost neutral basis to the City.
• Implementation of retirement enhancements, if approved by the State Legislature and signed
by the Governor. Examples include, but are not limited to the Deferred Retirement Option
Plan. Any such implementation of retirement enhancements shall be on a cost neutral basis
to the City.
• Sick leave incentive programs.
• Overtime sign-up language.
Note: S-13 to be modified by July 1, 2002, to provide for lists to extend 60 days from the date
of the first special assignment appointment .
65
ARTICLE 44
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiable
issues between the City and the Association. This Agreement supersedes all previous
Memoranda of Understanding or Memoranda of 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.
66
ARTICLE 45
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any court of
competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the
parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually
satisfactory replacement for such provision within a 30 day work period. If no agreement has
been reached, the parties agree to invoke the provision of impasse under Charter Section 1107.
67
ARTICLE 46
RENEGOTIATIONS
If either party wishes to make changes to this Agreement, that party shall serve upon the other its
written request to negotiate, 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.
68
69
APPENDIX A
CLASSIFICATION
Non-Sworn
Communications Technician
Evidence Technician
Field Service Technician
Police Cadet
Sworn
Police Officer
70
APPENDIX B
GRIEVANCE FORMS
71
72
73
APPENDIX C
PATROL 3/12 WORK PLAN
74
75
76
77
78
79
80
81
APPENDIX D
COMMUNICATIONS WORK PLAN
82
83
84
85
86
87
APPENDIX E
FLEXIBLE BENEFITS PLAN
88
89
90
APPENDIX F
SHIFT ADJUSTMENT
91
92
APPENDIX G
RULES GOVERNING SALARY INCREASES
93
94
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
POLICE STAFF OFFICERS' ASSOCIATION
JULY 1, 2004 - JUNE 30, 2007
TABLE OF CONTENTS
Article No. Title Page No.
1 Parties to Agreement.................................................................1
2 Recognition...............................................................................2
3 Check Off/Dues Deduction.......................................................3
4 Employee Rights.......................................................................4
5 Management Rights..................................................................5
6 Representative Role..................................................................6
7 Renegotiations..........................................................................7
8 Salary........................................................................................8
9 Overtime.................................................................................13
10 Payday.....................................................................................20
11 General Provisions..................................................................21
12 Health Care Insurance ............................................................22
13 Retirement...............................................................................26
14 Uniform Allowance................................................................27
15 Holidays..................................................................................28
16 Vacation Leave.......................................................................30
17 Administrative Leave..............................................................32
18 Sick Leave ..............................................................................33
19 Family Leave..........................................................................34
20 Bereavement Leave ................................................................36
21 Catastrophic Leave.................................................................37
Table of Contents, Continued
22 Workers’ Compensation Leave ..............................................39
Article No. Title Page No.
23 Jury Duty and Military Leaves...............................................40
24 Grievance Procedure...............................................................41
25 Disciplinary Action.................................................................43
26 Impasse Procedure..................................................................44
27 SWAT Sergeants ....................................................................46
28 Reopeners ...............................................................................47
29 Full Agreement.......................................................................48
30 Savings Clause........................................................................49
31 Term of Agreement.................................................................50
32 Authorized Agents..................................................................51
33 Signatures ...............................................................................52
1
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this, 21st day of February, 2006, 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.
2
ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620 (1989
Series), the City hereby recognizes the San Luis Obispo Police Staff Officers Association as
the exclusive bargaining representative for purposes of representing regular and probationary
employees occupying the position classifications of Police Sergeant, Police Lieutenant, Police
Captain, Communications Supervisor, Police Records Supervisor, and Communications and
Records Manager for the duration of this Agreement.
3
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.
4
ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters
of employer-employee relations including, but not limited to, wages, hours and other terms
and conditions of employment. Employees of the City 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.
5
ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion; direct its
employees; take disciplinary action; relieve its employees from duty because of lack of work
or for other legitimate reasons; maintain the efficiency of government operations; determine
the methods, means and personnel by which government operations are to be conducted;
determine the content of the job classifications; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and discretion over its organization
and the technology for performing its work.
6
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.
7
ARTICLE 7
RENEGOTIATIONS
If at the expiration of the term of this Agreement, 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 between 15 April and 1 May 2007. If notice is properly and timely given,
negotiations shall commence no later than 15 May.
8
ARTICLE 8
SALARY
8.1 SALARY PROVISION FOR THE TERM OF AGREEMENT
The City strives to compensate police management classifications at a reasonable level
above the classifications they supervise. Typically a difference of 15% between
vertical classifications is targeted, with the specific percentage determined by internal
and external comparability data, City finances, and other labor relations factors and
considerations.
The parties agree to salary increases as set forth below to be effective on the first day
of the first full payroll period in the month listed, for all employees in the Association
employed by the City on the date this agreement is formally approved by the City
Council:
July 2004 2.0%
January 2005 1.0%
July 2005 2.0%
January 2006 1.5%
July 2006 2.0%
January 2007 2.0%
In addition to the above-listed salary increases, the following classifications shall
receive an equity salary increase on July 13, 2006:
Police Captains 4.0%
Communications Supervisors 2.0%
8.2 RULES GOVERNING STEP INCREASES:
The following rules shall govern step increases for employees:
1. Each salary range consists of six steps (A through F). Steps A through E equal
95% of the next highest step, computed to the nearest one dollar.
9
Step E = 95% of Step F
Step D = 95% of Step E
Step C = 95% of Step D
Step B = 95% of Step C
Step A = 95% of Step B
Each across-the board % salary increase shall raise step F of the respective range
by the %. After all step F's of salary ranges have been established, each step F
shall be rounded off to the nearest $1.00 and the remaining steps established in
accordance with the above formula.
2. The time in step progression for employees with satisfactory performance will be
as follows:
1 year at Step A
1 year at Step B
1 year at Step C
1 year at Step D
1 year at Step E
3. Employees who are eligible for advancement to step E or F 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 F in
their pay range. An employee who is not performing up to standard for the sixth
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 sixth
step may be reinstated at any time upon recommendation of the Police Chief. If
the Police Chief deems it necessary to again remove the sixth step during the
same fiscal year, he/she may make the change at any time with three business
10
days' advanced written notice.
8.3 SALARY RANGE LISTING – July 2004 THROUGH JUNE 2007
July 2004
2% all employees
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
801
0 800 Police Sergeant 5,628 5,924 6,236 6,564 6,909 7,273
2,597 2,734 2,878 3,030 3,189 3,357
803
0 805 Police Lieutenant 6,420 6,757 7,113 7,487 7,882 8,296
2,963 3,119 3,283 3,456 3,638 3,829
804
0 810 Police Captain 7,063 7,434 7,826 8,237 8,671 9,127
3,260 3,431 3,612 3,802 4,002 4,213
805
0 855 Communications Supervisor 3,923 4,129 4,347 4,575 4,816 5,070
1,811 1,906 2,006 2,112 2,223 2,340
804
5 850 Records Supervisor 3,923 4,129 4,347 4,575 4,816 5,070
1,811 1,906 2,006 2,112 2,223 2,340
805
5 860 Communications & Records 5,628 5,924 6,236 6,564 6,909 7,273
Manager 2,597 2,734 2,878 3,030 3,189 3,357
January 2005
1% all employees
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
801
0 800 Police Sergeant 5,684 5,984 6,298 6,630 6,979 7,346
2,624 2,762 2,907 3,060 3,221 3,391
803
0 805 Police Lieutenant 6,484 6,825 7,184 7,562 7,960 8,379
2,992 3,150 3,316 3,490 3,674 3,867
804
0 810 Police Captain 7,134 7,509 7,905 8,321 8,758 9,219
3,293 3,466 3,648 3,840 4,042 4,255
11
805
0 855 Communications Supervisor 3,962 4,171 4,390 4,621 4,865 5,121
1,829 1,925 2,026 2,133 2,245 2,363
804
5 850 Records Supervisor 3,962 4,171 4,390 4,621 4,865 5,121
1,829 1,925 2,026 2,133 2,245 2,363
805
5 860 Communications & Records 5,684 5,984 6,298 6,630 6,979 7,346
Manager 2,624 2,762 2,907 3,060 3,221 3,391
July 2005
2% all employees
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
801
0 800 Police Sergeant 5,799 6,104 6,425 6,763 7,119 7,494
2,676 2,817 2,966 3,122 3,286 3,459
803
0 805 Police Lieutenant 6,613 6,961 7,327 7,713 8,119 8,546
3,052 3,213 3,382 3,560 3,747 3,944
804
0 810 Police Captain 7,276 7,659 8,062 8,487 8,933 9,404
3,358 3,535 3,721 3,917 4,123 4,340
805
0 855 Communications Supervisor 4,041 4,254 4,477 4,713 4,961 5,222
1,865 1,963 2,066 2,175 2,290 2,410
804
5 850 Records Supervisor 4,041 4,254 4,477 4,713 4,961 5,222
1,865 1,963 2,066 2,175 2,290 2,410
805
5 860 Communications & Records 5,799 6,104 6,425 6,763 7,119 7,494
Manager 2,676 2,817 2,966 3,122 3,286 3,459
January 2006
1.5% all employees
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
12
801
0 800 Police Sergeant 5,886 6,196 6,522 6,865 7,227 7,607
2,717 2,860 3,010 3,169 3,335 3,511
803
0 805 Police Lieutenant 6,711 7,065 7,436 7,828 8,240 8,674
3,098 3,261 3,432 3,613 3,803 4,003
804
0 810 Police Captain 7,385 7,774 8,183 8,614 9,067 9,544
3,409 3,588 3,777 3,976 4,185 4,405
805
0 855 Communications Supervisor 4,101 4,317 4,544 4,783 5,035 5,300
1,893 1,992 2,097 2,208 2,324 2,446
804
5 850 Records Supervisor 4,101 4,317 4,544 4,783 5,035 5,300
1,893 1,992 2,097 2,208 2,324 2,446
805
5 860 Communications & Records 5,886 6,196 6,522 6,865 7,227 7,607
Manager 2,717 2,860 3,010 3,169 3,335 3,511
July 2006
2% Sergeants, Lieutenants, Records Supervisor, Communications & Records
Manager
6% increase Captains
4% increase Communications Supervisors
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
801
0 800 Police Sergeant 6,004 6,320 6,653 7,003 7,371 7,759
2,771 2,917 3,070 3,232 3,402 3,581
803
0 805 Police Lieutenant 6,845 7,206 7,585 7,984 8,404 8,847
3,159 3,326 3,501 3,685 3,879 4,083
804
0 810 Police Captain 7,828 8,240 8,674 9,130 9,611 10,117
3,613 3,803 4,003 4,214 4,436 4,669
805
0 855 Communications Supervisor 4,265 4,489 4,726 4,974 5,236 5,512
1,968 2,072 2,181 2,296 2,417 2,544
804
5 850 Records Supervisor 4,183 4,403 4,635 4,879 5,135 5,406
13
1,931 2,032 2,139 2,252 2,370 2,495
805
5 860 Communications & Records 6,004 6,320 6,653 7,003 7,371 7,759
Manager 2,771 2,917 3,070 3,232 3,402 3,581
January 2007
2% all employees
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
801
0 800 Police Sergeant 6,124 6,446 6,785 7,142 7,518 7,914
2,826 2,975 3,132 3,296 3,470 3,653
803
0 805 Police Lieutenant 6,982 7,350 7,736 8,144 8,572 9,023
3,223 3,392 3,571 3,759 3,956 4,165
804
0 810 Police Captain 7,984 8,404 8,847 9,312 9,803 10,318
3,685 3,879 4,083 4,298 4,524 4,762
805
0 855 Communications Supervisor 4,350 4,579 4,820 5,074 5,341 5,622
2,008 2,114 2,225 2,342 2,465 2,595
804
5 850 Records Supervisor 4,267 4,491 4,728 4,976 5,238 5,514
1,969 2,073 2,182 2,297 2,418 2,545
805
5 860 Communications & Records 6,124 6,446 6,785 7,142 7,518 7,914
Manager 2,826 2,975 3,132 3,296 3,470 3,653
14
ARTICLE 9
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.
9.2 ELIGIBILITY
Sergeants (except the Administrative Sergeant) shall be eligible for overtime pay.
9.3 SHIFT ADJUSTMENT
In the matter of shift adjustments, it is agreed that the following guidelines will be
followed:
In any situation necessitating a shift adjustment, volunteers will first be sought.
Shift adjustments will not be for more than two hours.
Shift adjustments for special units or assignments are not covered by this guideline
and remain the discretion of the Unit Supervisor or Bureau Commander.
Whenever volunteers cannot be located, Sergeants assigned will be chosen
sequentially by seniority.
Generally, no more than two Sergeants per shift should be ordered to adjust unless an
specific event necessitates it.
At least 14 days notice will normally be given, but in no event will less than seven
days notice be given, for an ordered shift adjustment.
A Sergeant authorized to shift adjust will not suffer loss of briefing pay or other
normal benefit.
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Sergeants will be given at least ten hours between shifts for ordered non-emergency
shift adjustments.
Shift adjustments will not be ordered to deal with court or shift continuation unless it
is necessary to insure the Sergeant has adequate rest. If court or another assignment
prevents a Sergeant from getting proper rest between shifts, the Sergeant and the
Watch Commander may arrange a shift adjustment to meet this need. With approval,
the Sergeant could opt to use adjusted court time towards normal work hours instead
of overtime, or to adjust shift start time up to four hours. In cases where the Watch
Commander determines an adjustment is warranted but does not have sufficient
manpower, he is authorized to bring in a replacement (on O/T) for up to four hours.
Shift adjustments will not be limited by day or time except as articulated above.
It is noted that either party may reopen these issues at the time of contract renewal.
9.4 COMPENSATION
A. Overtime hours 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 80 hours of compensatory time off.
9.5 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.
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9.6 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled
shift shall be guaranteed three-hour minimum payment at time and one half.
Unanticipated emergency call-backs (criminal investigations, emergency evacuations,
natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel
time.
9.7 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one-half.
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.
D. Employees placed on standby in anticipation of reporting for court time shall be
compensated one-hour’s pay for each five hours standby. Such employees shall
be paid a minimum of three hours straight time when on standby. Each calendar
day starts a new standby period.
E. 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."
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9.8 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.
9.9 TRAINING
A. Effective the first full pay period following ratification employees called back for
training sessions, authorized by the Police Chief or designee, shall be guaranteed
two-hour minimum payment at time and one half.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
Lunch - $15.00
Commuter Lunch - $8.00
Dinner - $25.00
Mileage at the prescribed IRS mileage reimbursement rate.
9.10 RANGE QUALIFICATION
A. Effective the first full pay period following ratification sworn personnel shall be
guaranteed two hours at time and one half 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 upon request.
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OVERTIME – COMMUNICATIONS SUPERVISORS
9.11 DEFINITION
Overtime is defined as all hours worked in excess of 40 hours worked in a workweek.
Vacation, holidays, sick leave, IOD and compensatory time off shall be considered
hours worked when computing overtime.
9.12 ELIGIBILITY
Communication Supervisors shall be eligible for overtime pay.
9.13 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.
9.14 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department 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.
9.15 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled
shift shall be guaranteed a three-hour minimum payment at time and one half.
Unanticipated emergency call-backs (criminal investigations, emergency evacuations,
natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel
time.
9.16 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
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payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. Employees placed on standby as required to fulfill court requirements shall be
compensated one-hour’s pay for each five hours standby. Such employees shall
be paid a minimum of three hours straight time when on standby. Each calendar
day starts a new standby period.
E. 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."
9.17 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.
9.18 TRAINING
A. Effective the first full pay period following ratification employees called back for
training sessions, authorized by the Police Chief or designee, shall be guaranteed
two-hour minimum payment at time and one-half.
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B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
Lunch - $15.00
Commuter Lunch - $8.00
Dinner - $25.00
Mileage at the prescribed IRS mileage reimbursement rate.
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ARTICLE 10
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.
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ARTICLE 11
GENERAL PROVISIONS
11.1 MANAGEMENT BENEFIT:
Employees in this bargaining unit shall receive $25,000 term life insurance, paid by
the City, for recognition of their management responsibilities. Non-sworn employees
shall continue to be covered under the City’s long-term disability insurance plan.
11.2 WORKING CONDITIONS:
An officer's place of residence shall be within a one hour 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 the monthly amounts set forth below 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.
Employee $415.00
Employees Plus One $754.00
Family $995.00
The Cafeteria Plan amount is inclusive of mandatory dental and vision coverage.
Employees shall be eligible for the City contributions set forth above based on the
number of dependents they enroll in the PERS Health Benefit Program. Employees
opting out of health coverage as provided for below shall receive payment at the
employee only level.
12.2 INSURANCE COVERAGE
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
$64.60 per month for active employees and $16.26 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
24
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
12.1. 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 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 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.
12.5 Life Insurance
Employees in the Police Staff Officers Unit shall have life insurance coverage of
Twenty Thousand Dollars ($20,000) paid by the employees through the Cafeteria
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Plan.
12.6 Medical Plan Review Committee
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non-voting
representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
1. Review and suggest changes for the City's flexible benefits plan 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 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 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
26
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.
C. City agrees to continue its contribution to the Cafeteria Plan for two pay
periods in the event that an employee has exhausted all paid time off due to an
employee's catastrophic illness. That is, the employee shall receive the regular
City health benefit contribution for the first two pay periods following the pay
period in which the employee's accrued vacation and sick leave balances reach
zero.
27
ARTICLE 13
RETIREMENT
13.1 The City agrees to provide the Public Employees' Retirement System's (PERS) 3% at
age 50 plan to all sworn personnel and 2.7% at age 55 for all non-sworn personnel.
The 3% at age 50 plan includes the following amendments: Post- Retirement Survivor
Allowance, the 1959 Survivor's Benefit - Level Four, military service credit, one-year
final compensation, conversion of unused sick leave credit to additional retirement
credit, and Pre-Retirement Optional Settlement 2 Death Benefit. The 2.7% at 55 plan
has the following amendments: 1959 Survivor's Benefit - Level Four, one-year final
compensation, military service credit, conversion of unused sick leave credit to
additional retirement credit, and Pre-Retirement Optional Settlement 2 Death Benefit.
13.2 The City has discontinued paying the sworn employees' share of the PERS
Contribution (9%) and the non-sworn employees’ share of the PERS Contribution
(8%). The 9% for sworn or the 8% for non-sworn is included to the base salary
schedule, and reported as compensation to PERS. The employee will pay directly to
PERS their contribution amount on a pre-tax basis pursuant to Section 414 (h) (2) of
the Internal Revenue Code (IRC).
13.3 The employee will be responsible for any and all tax liability incurred should 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 $900 per year, with $450 issued to the employee with
the first payroll period in June and $450 issued to the employee with the first payroll
period in December. New hires will receive a prorated amount.
14.3 All represented employees shall be eligible for uniform allowance without regard to
duty status interruption if in paid status, including 4850 Pay. Uniform allowance shall
be reported to CalPERS as special compensation. Uniform allowance will not be pro-
rated upon separation from employment.
29
ARTICLE 15
HOLIDAYS
15.1 The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Presidents’ Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
September 9 – California Admission Day
Second Monday in October – Columbus 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
15.2 Each employee in this unit shall earn 4.33 hours of holiday leave semi-monthly, in
lieu of fixed holidays.
Such employees shall receive payment at straight time hourly rate for a portion of
their earned holiday leave (2.16 hours) each semi-monthly payroll period.
15.3 The remainder of the employee’s annual holiday leave (52 hours) shall be advanced to
the employee effective the first payroll period in January of each year. Such holiday
leave may be taken off by the employee with the approval of the Police Chief or
his/her designee.
15.4 Each calendar quarter, an employee has the option of receiving payment for one-
fourth (1/4) of his/her advanced holiday leave. The combination of holiday leave
taken off and payment of advanced holiday time, may not exceed 52 hours. Any
holiday leave remaining as of the last payroll period in December of each year will be
30
paid to the employee at the straight time rate.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share, the value of the overage will be deducted from the employee’s final
paycheck.
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ARTICLE 16
VACATION LEAVE
16.1 Each incumbent of a 40 hour week line-item position 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 ten years, and 160 hours upon completion of twenty years.
Employees scheduled for more than 40 hours a week shall receive the equivalent
number of vacation days pro-rated to the number of regularly scheduled work hours.
16.2 An incumbent is not eligible to use vacation leave until accrued.
16.3 A regular employee who leaves the City service shall receive payment for any unused
vacation leave.
16.4 Vacation schedules must be reviewed by the Chief or his/her designee prior to the
scheduled vacation. Vacation schedules will be based upon the needs of the City and
then, insofar as possible, upon the wishes of the employee. The department may not
deny an employee's vacation request if such denial will result in the loss of vacation
accrual by the employee, except that, management may approve a two month
extension of maximum vacation accrual. However, in no event shall more than one
such extension be granted in any calendar year.
16.5 Any employee who is on approved vacation leave and becomes eligible for sick leave
as defined in Section 2.36.420A of the Personnel Rules & Regulations may have such
time credited as sick leave under the following conditions.
A. A physician's statement certifying that illness, injury or exposure to contagious
disease has occurred is presented to the supervisor upon returning to work.
32
B. The vacation leave immediately ends and the employee reports to work
following the end of sick leave usage.
16.6 Vacation leave shall be accrued as earned each payroll period, provided that not more
than twice the annual rate may be carried over to a new calendar year. It shall be the
responsibility of the employee to plan vacations and receive departmental approval in
a timely manner.
16.7 All employees in this unit are eligible once annually in December, to request payment
for up to 40 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory.
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ARTICLE 17
ADMINISTRATIVE LEAVE
17.1 The Administrative Sergeant, Lieutenants, Captains, Police Records Supervisor and
Communications and Records Manager 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 who are designated as exempt in Section 17.1
above 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.
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, 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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35
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 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 twenty years of continuous employment - 20%
2. After twenty-five years of continuous employment – 25%
3. After thirty years of continuous employment – 30%
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ARTICLE 19
FAMILY LEAVE
19.1 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.
19.2 An employee may take up to 40 hours of sick leave per year if the family member is
part of the employee's household.
19.3 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.
19.4 For purposes of this article, immediate family is defined as spouse/registered
domestic partner, child, brother, sister, parent, parent-in-law, step-parent, step-
brother, step-sister, grandparent, or any other relative living in the same house hold.
19.5 The amounts shown in 19.1, 19.2 and 19.3 above are annual maximums, not
maximums per qualifying family member.
19.6 If the family member is a child, parent or spouse/registered domestic partner, an
employee may use up to 48 hours annually to attend to the illness of the child, parent
or spouse, instead of the annual maximums in paragraphs 19.1 and 19.2, in accordance
with Labor Code Section 233.
19.7 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).
37
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.
19.8 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.
19.9 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.
19.10 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".
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ARTICLE 20
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent 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 concerning the death or relationship shall be
cause for discharge.
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ARTICLE 21
CATASTROPHIC LEAVE
21.1 Upon request of an employee and upon approval of the Chief of Police, leave credits
(vacation, compensatory time off, or holiday time) may be 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.
F. The request for participation in the program shall be made on an Application for
Catastrophic Leave Program form.
21.2 Transferring Time
The following rules apply when donations of time occur:
40
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.
21.3 Appeal Rights
If an employee is denied participation in the program by the Chief, he/she may appeal
this initial decision jointly to the Director of Human Resources.
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ARTICLE 22
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/her base salary and the amount
provided by Workers' Compensation law during the first 90 business days of such disability
absence.
42
ARTICLE 23
JURY DUTY AND MILITARY LEAVES
23.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury,
and when not excluded there from, or when subpoenaed to appear as a witness at any
trial, shall be compensated for the time required to be spent under the jurisdiction of
the court by an amount equal to the difference between the pay he/she received as a
juror and his/her regular daily rate received from the City. The difference between the
time required to be spent on jury duty and the normal workday of the employee shall
be spent performing the employee’s regular job assignments unless the department
head, upon approval of the Director of Human Resources, determines this not to be
practical.
23.2 MILITARY LEAVE
Any line-item employee shall receive normal salary and fringe benefits during the first
thirty days of any period of temporary military leave. Such compensation shall not
exceed thirty calendar days in any one fiscal year. Any temporary military leave in
excess of thirty days in one fiscal year shall be taken as vacation leave or leave of
absence without pay.
43
ARTICLE 24
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 employee
may immediately submit the grievance in writing to the Human Resources
Director within five business days of receiving the Police Chief's decision. The
44
Human Resources Director shall confer with the employee and the Police Chief
and any other interested parties, and shall conduct such other investigations as
may be advisable.
D. The results or findings of such conferences and investigations shall be
submitted to the City Administrative Officer in writing within fifteen (15)
business days of receiving the employee's written request. The City
Administrative Officer will meet with the employee if the employee so desires
before rendering a decision with respect to the complaint. The City
Administrative Officer's decision shall be in writing and given to the employee
within 15 business days of receiving the Human Resources Director's results
and findings. Such decision shall be final unless the employee desires the
Personnel Board to review the decision. If such is the case, the employee will
have five business days following receipt of the City Administrative Officer's
decision to submit a written request to the Personnel Board through the Human
Resources Director for a review of the decision. The Personnel Board within
30 business days shall review the record and either (1) issue an advisory
opinion to the City Administrative Officer; or (2) conduct a hearing on the
matter. If a hearing is held, an advisory opinion shall be rendered by the Board
within 10 business days of the close of such hearing. If an opinion signed by at
least three (3) members of the Personnel Board recommends overruling or
modifying 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.
45
ARTICLE 25
DISCIPLINARY ACTION
Except in regards to disciplinary suspensions of less 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 less than one week may be imposed only for a
violation of city safety rules of major significance. Minor violations of rules and regulations
may result in lesser disciplinary actions, such as oral or written reprimands, counseling, or
special training, etc.
46
ARTICLE 26
IMPASSE PROCEDURE
26.1 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.
C. Mediation shall be terminated if agreement has not been reached in 30 days
unless extended by mutual agreement.
26.2 FACT-FINDING
A. If mediation fails to resolve all issues, the unresolved issues shall be referred to
47
"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 fact-finding shall
be private and confidential. Any fees or expenses shall be equally shared by
the City and the Association.
48
ARTICLE 27
SWAT SERGEANTS AND LIEUTENANTS
SWAT team members are required to maintain a higher standard of physical fitness than the
normal employee. The City will reimburse each SWAT team member who voluntarily joins a
physical fitness gym for the cost of the membership and monthly charges up to a maximum
yearly rate of $375.00 per member. At the City’s request each member requesting
reimbursement may be required to provide proof of membership and active participation.
49
ARTICLE 28
REOPENERS
28.1 Effective July, 2006, the City and Association agree to meet and confer on a
modification to the health insurance contribution in Section 12.1.
50
ARTICLE 29
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. 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.
51
ARTICLE 30
SAVINGS CLAUSE
If any provisions 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.
52
ARTICLE 31
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 2004, except that those provisions which
have specific implementation dates, shall be implemented on those dates and shall remain in
full force and effect until midnight June 30, 2007.
53
ARTICLE 32
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of the Agreement:
A. The Association's principal authorized agent shall be the President
(address: 1042 Walnut Street, San Luis Obispo, California 93401; telephone:
(805) 781-7313).
B. Management's principal authorized agent shall be the Human Resources Director
or his/her duly authorized representative (address: 990 Palm Street, San Luis
Obispo, California 93401; telephone: (805) 781-7252).
54
EXHIBIT A
R 9518
ADDENDUM #3 TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
17.1 CONTRIBUTION
a
ARTICLE 17
HEALTH CARE INSURANCE
City shall contribute the monthly amounts as set forth below 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.
This contribution will be effective in December 2002 for insurance covering the month of
January 2003.
Employee W2.00
Employees Plus One $Gti3.0o
Family $885.00
Effective in December, 2003 for insurance covering the month of January, 2004, the
contributions will be as follows:
Employee $4I5A0
Employee Plus One $754.00
Family $995.00
The Cafeteria Plan amount is inclusive of mandatory dental and vision coverage.
Employees shall be eligible for the City contributions set forth above based on the
number of dependents they enroll in the PERS Health Benefit Program. Employees
opting out of health coverage as provided for below, shall also receive payment at the
employee only level.
A. PERS Health Benefit ProjoaM
J
The City has elected to participate in the PERS Health Benefit Program with the
"unequal contribution option" at the PERS minimum contribution rates, currently
$16 per month for active employees and S9.00 for retirees. Effective January,
2004, the S16 minimum contribution will increase to $32.20. 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 post and any increases will be borne by the employees.
B. Health Insurance Coverage Qptional Parliditiation
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 insurance is deducted) in
cash.in accordance with the City's Cafeteria Plan. Those employees will also be
assessed $16.00.per moat$ to be placed in the Rettrec 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
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.
D. Lone Term Disability InsuranggLTD)
Sworn employees are covered for Long Term Disability Insurance through the .
Association and are responsible for premium payments. Non -sworn employees
continue to be covered under the City's Long Term Disability Insurance. Program.
17.3 FLEXIBLE BENEFITS PLAN
The 1988 -1993 addendum outlining the flexible benefits plan is incorporated herein as
Appendix E.
The non - reimbursed maximum medical cost will be $3,000 per calendar year.
17.4 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMI I EE
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non - voting
representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall be to:
1. Review and suggest changes for the City's 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 insuiancc
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.
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.
42.1 HEALTIi INSURANCE FOR UNIT MEMBER SURVIVORS
The City shall maintain and pay for the existing level of benefits for one (1) year for the
surviving family of a unit member who dies while in the line of duty.
FO THE OF A LUIS OBISPO FOR THE POLICE OFFICERS ASSOCIATION
William-Avery Dale Strolridge
Dated 17,1to 6 OKI Dated_
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.
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.
42.1 HEALTH INSURANCE FOR UNIT MEMBER SURVIVORS
The City shall maintain and pay for the existing level of benefits for one (1) year for the
surviving family of a unit member who dies while in the line of duty.
THE CITY OF
LUIS OBISPO
U
Dated (o 6
FOR THE POLICE OFFICERS ASSOCIATION
Dale Strobridge
Dated 1d� "08 _ 4gp '�
RESOLUTION NO. 9517 (2004 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM
THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM
UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE
FOR THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION
WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter 106 of
the Statutes of 1989), which is intended to provide $10 million annually for grant funds to local,
State, and Federal agencies and nonprofit entities for projects to enhance and mitigate the
environmental impacts of modified or new public transportation facilities; and
WHEREAS, the Resources Agency has established the procedures and criteria for
reviewing grant proposals and is required to submit to the California Transportation Commission a
list of recommended projects from which the grant recipients will be selected; and
WHEREAS, said procedures and criteria established_ by the Resources Agency require a
resolution certifying the approval of application by the applicant's governing body before
submission of said application to the State; and
WHEREAS, the application contains assurances that the applicant must comply with; and
WHEREAS, the applicant, if selected, will enter into an agreement with the State of
California for acquisition or development of the project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes the filing of an application for the Environmental Enhancement and
Mitigation Program for grant assistance for the above project; and
2. Certifies that said applicant will make adequate provision for operation and
maintenance of the project; and
3. Appoints the City Administrative Officer as agent of the City to conduct all
negotiations, execute and submit all documents,. including, but, not limited to, applications;
agreements, amendments, payment requests and so on, which_ may be necessary for the completion
of the aforementioned project.
R. 9517
Resolution No. 9517 (2004 Series)
Page 2
On motion of Council Member Ewan, seconded by Council Member Settle and on the
following roll call vote:
AYES; Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 6a' day of January 2004.
Lee Price, C,.M.C: , ,
City Clerk. .
APPROVED AS TO FORM:
(i�adhan"P. Lowell
City Attorney
Mayor David F. Romero
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