HomeMy WebLinkAboutr10360adoptandratifyingmemorandumofagreementbetcityofsloandslopolicestaffofficersassocforperiodofjuly12012thrujune302015RESOLUTION NO .10360 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING
THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISP O
AND SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION FOR TH E
PERIOD OF JULY 1, 2012 THROUGH JUNE 30, 201 5
WHEREAS,representatives of the San Luis Obispo Police Staff Officers' Association me t
multiple times with City representatives to identify sustainable reductions in total compensation
costs ; achieving Council's labor relations objectives to reduce total compensation costs an d
implement sustainable pension cost containment and reductions ; an d
WHEREAS,the San Luis Obispo Police Staff Officers' Association employee s
acknowledge the fiscal challenges facing the City of San Luis Obispo and are committed t o
working with the City to help achieve long-term sustainable solutions ;
NOW,THEREFORE, BE IT RESOLVED,by the City Council of the City of San Lui s
Obispo as follows :
SECTION 1 . The Memorandum of Agreement between the City of San Luis Obispo an d
the San Luis Obispo Police Staff Officers' Association, attached hereto as Exhibit "A" an d
incorporated herein by this reference, is hereby adopted and ratified .
SECTION 2 . The Director of Finance and Information Technology shall adjust th e
appropriate accounts to reflect the compensation changes .
SECTION 3.The City Clerk shall furnish a copy of this resolution and a copy of th e
executed Memorandum of Agreement approved by it to ; Kerri Rosenblum, San Luis Obispo Polic e
Staff Officers' Association and Monica Irons, Director of Human Resources .
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter and o n
the following roll call vote :
AYES :
Council Members Ashbaugh and Carter and Mayor Mar x
NOES :
Vice Mayor Carpenter and Council Member Smit h
ABSENT : None
R 10360
Resolution No . 10360 (Series 2012 )
Page 2
The foregoing resolution was adopted this 15 th day of May, 2012 .
ATTEST :
Sheryll Sc oede r
Interim City Clerk
APPROVED AS TO FORM ;
Y :\Attorney\Resolutions and Ordinances\2012\Reso 10360 SLOPSOA .docx
MEMORANDUM OF AGREEMEN T
BETWEEN
THE CITY OF SAN LUIS OBISP O
AND THE
SAN LUIS OBISP O
POLICE STAFF OFFICERS' ASSOCIATIO N
JULY 1, 2012 - JUNE 30, 201 5
san Luis oispo
TABLE OF CONTENT S
Article No .
Title
Page No .
1
Parties to Agreement 1
2
Recognition 2
3
Check Off/Dues Deduction 3
Employee Rights 4
Management Rights 5
Representative Role 6
Renegotiations 7
Salary 8
9
Overtime 1 0
10
Payday 1 7
11
General Provisions 1 8
12
Health Care Insurance 1 9
13
Retirement 23
14
Uniform Allowance 2 5
15
Holidays 2 6
16
Vacation Leave 2 8
17
Administrative Leave 3 0
18
Sick Leave 3 1
19
Family Leave 3 2
20
Bereavement Leave 3 5
21
Catastrophic Leave 3 6
22
Workers' Compensation Leave 3 7
4
5
8
Table of Contents, Continue d
Article No .
Title
Page No ,
23
Jury Duty and Military Leaves 3 8
24
Grievance Procedure 3 9
25
Disciplinary Action 4 1
26
Impasse Procedure 4 2
27
SWAT Sergeants 4 4
28
Reopeners 4 5
29
Full Agreement 46
30
Savings Clause 4 7
31
Term of Agreement 4 8
32
Authorized Agents 4 9
33
Signatures 5 0
Appendix A - Salary Range Listing 51
ARTICLE1
PARTIES TO AGREEMEN T
This Agreement is made and entered into this, 15 th day of May 2012, by and between the Cit y
of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Police Staf f
Officers' Association, hereinafter referred to as the Association .
1
ARTICLE2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No . 6620 (198 9
Series), the City hereby recognizes the San Luis Obispo Police Staff Officers Association as
the exclusive bargaining representative for purposes of representing regular and probationar y
employees occupying the position classifications of Police Sergeant, Police Lieutenant, Polic e
Captain, Communications Supervisor, Police Records Supervisor, and Communications an d
Records Manager for the duration of this Agreement .
2
ARTICLE3
CHECK OFF/DUES DEDUCTIO N
3 .1 The City shall deduct dues from City employees and remit said dues to th e
Association on a semi-monthly basis for the duration of this Agreement, which due s
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-monthl y
to the Association President . The Association shall refund to the city any amount pai d
to the Association in error, upon presentation of supporting evidence .
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 .
ARTICLE4
EMPLOYEE RIGHTS ,
Employees of the City shall have the right to form, join and participate in the activities o f
employee organizations of their own choosing for the purpose of representation on all matter s
of employer-employee relations including, but not limited to, wages, hours and other term s
and conditions of employment . Employees of the City also shall have the right to refuse t o
join or participate in the activities of employee organizations and shall have the right t o
represent themselves individually in their employment relations with the City . No employe e
shall be interfered with, intimidated, restrained, coerced or discriminated against because o f
the exercise of these rights .
ARTICLE5
MANAGEMENT RIGHT S
The rights of the City include, but are not limited to, the exclusive right to determine th e
mission of its constituent departments, commissions and boards ; set standards of service ;
determine the procedures and standards of selection for employment and promotion ; direct it s
employees ; take disciplinary action ; relieve its employees from duty because of lack of wor k
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 it s
mission in emergencies ; and exercise complete control and discretion over its organizatio n
and the technology for performing its work .
5
ARTICLE 6
REPRESENTATIVE ROLE
Members of the Association may, by a reasonable method, select not more than five employe e
members to meet and confer with the Municipal Employee Relations Officer and othe r
management officials (after written certification of such selection is provided by th e
Association) on subjects within the scope of representation during regular duty or work hour s
without loss of compensation or other benefits . The Association shall, whenever practicable ,
submit the name(s) of each employee representative to the Municipal Employee Relation s
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 o r
assignment without specific approval of the Police Chief or other authorized Cit y
management officials . If employee representatives cannot be released, the date o f
the meeting will be rescheduled in accordance with item (2) below .
(2)That any such meeting is subject to scheduling by City management consisten t
with operating needs and work schedules . Nothing provided herein, however ,
shall limit or restrict City management from scheduling such meetings before o r
after regular duty or work hours .
6
ARTICLE 7
RENEGOTIATION S
If at the expiration of the term of this Agreement, either party wishes to make changes to thi s
Agreement, that party shall serve upon the other its written request to negotiate, as well as it s
initial proposals for an amended Agreement . Such notice and proposals must be submitted t o
the other party between 15 April and 1 May 2015 . If notice is properly and timely given ,
negotiations shall commence no later than 15 May .
7
ARTICLE8
SALAR Y
8 .1 SALARY PROVISION FOR THE TERM OF AGREEMEN T
The City strives to maintain a reasonable difference in compensation between top ste p
police staff officers' classifications and top step of the classifications supervised . Th e
difference between top steps of these classifications is targeted at a minimum of 15%.
If during the term of this contract the differentiation goes below the 15% target, th e
City agrees to re-open negotiations on this topic .
The parties agree to salary reductions as set forth below to be effective on the first da y
of the first full payroll period in the month listed below, for all employees (excep t
Records Supervisor classification) in the Association employed by the City on the dat e
this agreement is formally approved by the City Council :
January 2013
2 .5% Salary Reduction
January 2014
2% Salary Reductio n
The salary ranges for the term of this agreement are listed in Appendix A .
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 equa l
95% of the next highest step, computed to the nearest one dollar .
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
8
Each across-the board percentage salary decrease shall lower step F of th e
respective range by that percentage . After all step F's of salary ranges have bee n
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 b e
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 "Meet s
Performance Standards" or better on the overall rating on their most recen t
Performance Appraisal prior to or coincident with their being eligible fo r
advancement by time in grade .
4.The Police Chief shall be authorized to reevaluate employees who reach Step F i n
their pay range . An employee who is not performing up to standard for the sixt h
step shall be notified in writing that the Police Chief intends to reduce him/he r
one step unless his/her job performance improves significantly within a 60 da y
period . Unless the employee's job performance improves to an acceptable leve l
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 th e
same fiscal year, he/she may make the change at any time with three busines s
days' advanced written notice .
ARTICLE 9'
OVERTIME - SERGEANT S
9 .1 DEFINITIO N
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, an d
compensatory time off shall be considered hours worked when computing overtime .
9 .2 ELIGIBILIT Y
Sergeants (except the Administrative Sergeant) shall be eligible for overtime pay .
9 .3 SHIFT ADJUSTMEN T
In the matter of shift adjustments, it is agreed that the following guidelines will b e
followed :
o In any situation necessitating a shift adjustment, volunteers will first be sought .
o Shift adjustments will not be for more than two hours .
o Shift adjustments for special units or assignments are not covered by thi s
guideline and remain the discretion of the Unit Supervisor or Burea u
Commander .
o Whenever volunteers cannot be located, Sergeants assigned will be chose n
sequentially by seniority.
o Generally, no more than two Sergeants per shift should be ordered to adjus t
unless a specific event necessitates it .
o At least 14 days notice will normally be given, but in no event will less tha n
seven days notice be given, for an ordered shift adjustment .
10
o A Sergeant authorized to shift adjust will not suffer loss of briefing pay o r
other normal benefit ,
o Sergeants will be given at least ten hours between shifts for ordered non -
emergency shift adjustments .
o Shift adjustments will not be ordered to deal with court or shift continuatio n
unless it is necessary to ensure the Sergeant has adequate rest . If court o r
another assignment prevents a Sergeant from getting proper rest betwee n
shifts, the Sergeant and the Watch Commander may arrange a shift adjustmen t
to meet this need . With approval, the Sergeant could opt to use adjusted cour t
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 a n
adjustment is warranted but does not have sufficient staffing, s/he is authorize d
to bring in a replacement (on overtime) for up to four hours .
o Shift adjustments will not be limited by day or time except as articulate d
above .
9 .4 COMPENSATIO N
A . Overtime hours shall, at the employee's option, be compensated in cash at tim e
and one half the employee's regular rate of pay or in time off compensated at tim e
and one half. However, no employee shall accumulate and have current credit fo r
more than 100 hours of compensatory time off.
9 .5 GUARANTEED MINIMUMS FOR RETURNING TO WOR K
Whenever an employee is required by the department to return to work outside of th e
11
employee's normal work hours, if a minimum applies as found in this article, then th e
employee has the choice of taking the minimum or taking the pay for the wor k
actually performed .
9 .6 CALL BAC K
Employees called back to work at hours not contiguous to their normally schedule d
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 trave l
time .
9 .7 COURT TIME
A.Employees reporting for court duty shall be guaranteed three hours minimu m
payment at time and one-half .
B.Employees required to work through the lunch break while on court duty shall b e
credited with time worked .
C.Two or more court cases occurring within the minimum time period shall b e
subject to a single minimum payment .
D.Employees placed on standby in anticipation of reporting for court time shall b e
compensated three hours straight time when on standby . Each calendar day start s
a new standby period .
E.Standby is that circumstance which requires an employee assigned by th e
department to : 1) be ready to respond immediately to a call for service ; 2) b e
readily available at all hours by telephone or other agreed upon communicatio n
equipment ; and 3) refrain from activities which might impair his/her assigne d
12
duties upon call . The parties agree that employees on standby, as defined above ,
are "waiting to be engaged ."
9 .8 ROLL CALL BRIEFIN G
Employees who are required to attend roll call briefing, and do, shall be paid for suc h
attendance . Payment shall be considered overtime and paid as such if the hours fal l
within the definition of overtime .
9 .9 TRAININ G
A.Employees called back for training sessions, authorized by the Police Chief o r
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/mote l
accommodation when assigned to a POST reimbursable training course or Cit y
required training course requiring overnight stay . Daily meal reimbursemen t
provided shall either be a flat $36 per day or the actual amount spent as evidence d
by receipts subject to the following maximum amounts (unless increased by Cit y
Policy).
Breakfast - $10 .00 (regardless of whether or not a continental breakfast i s
provided)
.Lunch $15 .0 0
.Commuter Lunch - $8 .0 0
.Dinner - $25 .0 0
■Mileage at the prescribed IRS mileage reimbursement rate .
9 .10 RANGE QUALIFICATIO N
A.Sworn personnel shall be guaranteed two hours at time and one half whe n
participating in range qualification training when off duty .
B.Each sworn employee who shoots for qualification shall be provided 100 rounds o f
practice ammunition each month upon request .
13
OVERTIME — COMMUNICATIONS SUPERVISOR S
9 .11 DEFINITIO N
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 considere d
hours worked when computing overtime .
9 .12 ELIGIBILIT Y
Communication Supervisors shall be eligible for overtime pay .
9 .13 COMPENSATIO N
Overtime shall be compensated in cash at time and one half the employee's regula r
rate of pay or in time off compensated at time and one half .
9 .14 GUARANTEED MINIMUMS FOR RETURNING TO WOR K
Whenever an employee is required by the department to work outside of th e
employee's normal work hours, if a minimum applies as found in this article, then th e
employee has the choice of taking the minimum or taking the pay for the wor k
actually performed .
9 .15 CALL BACK
Employees called back to work at hours not contiguous to their normally schedule d
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 trave l
time .
9 .16 COURT TIME
A . Employees reporting for court duty shall be guaranteed three hours minimu m
14
payment at time and one-half .
B Employees required to work through the lunch break while on court duty shall b e
credited with time worked . Duty free lunch periods shall not be compensable, t o
a maximum of thirty (30) minutes .
C.Two or more court cases occurring within the minimum time period shall b e
subject to a single minimum payment .
D.Employees placed on standby as required to fulfill court requirements shall b e
compensated three hours straight time when on standby . Each calendar day start s
a new standby period .
E.Standby is that circumstance which requires an employee assigned by th e
department to : 1) be ready to respond immediately to a call for service ; 2) b e
readily available at all hours by telephone or other agreed upon communicatio n
equipment ; and 3) refrain from activities which might impair his/her assigne d
duties upon call . The parties agree that employees on standby, as defined above ,
are "waiting to be engaged ."
9 .17 ROLL CALL BRIEFIN G
Employees who are required to attend roll call briefing and do, shall be paid for suc h
attendance . Payment shall be considered overtime and paid as such if the hours fal l
within the definition of overtime .
9 .18 TRAINING
A.Effective the first full pay period following ratification employees called back fo r
training sessions, authorized by the Police Chief or designee, shall be guarantee d
two-hour minimum payment at time and one-half .
B.The City shall provide each employee with paid independent living hotel/mote l
accommodation when assigned to a POST reimbursable training course or Cit y
15
required training course requiring overnight stay . Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidence d
by receipts subject to the following maximum amounts (unless increased by Cit y
Policy).
■Breakfast - $10 .00 (regardless of whether or not a continental breakfast is
provided )
■Lunch - $15 .0 0
■ Commuter Lunch - $8 .00
■Dinner - $25 .0 0
■Mileage at the prescribed IRS mileage reimbursement rate .
16
ARTICLE 1 0
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 .
17
ARTICLE 1 1
GENERAL PROVISION S
11 .1 WORKING CONDITIONS :
An officer's place of residence shall be within a one hour driving radius from the Sa n
Luis Obispo Police Department .
18
ARTICLE 1 2
HEALTH CARE INSURANC E
12 .1 CONTRIBUTIO N
City agrees to contribute the monthly amounts set forth below for Cafeteria Pla n
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
$543 .0 0
Employees Plus One
$987 .0 0
Family
$1,309 .0 0
Effective in December 2014 (for the January 2015 premium), the City's total Cafeteri a
Plan contribution shall be modified by an amount equal to one-half of the averag e
percentage change for family coverage in the PERS health plans available in San Lui s
County . For example : if three plans were available and the year-to-year changes wer e
+10%, +15%, and +20% respectively, the City's contribution would be increased b y
7 .5% (10% + 15% + 20% 3 = 15% X 1/2).
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 th e
number of dependents they enroll in the PERS Health Benefit Program . Employee s
opting out of health coverage as provided for below shall receive payment at th e
employee-only level .
12 .2 INSURANCE COVERAG E
PERS Health Benefit Progra m
The City has elected to participate in the PERS Health Benefit Program with th e
"unequal contribution option" at the PERS Minimum Employer Contribution rate ,
19
currently $112 .00 per month for active employees and $106 .40 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 fo r
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 . Th e
cost of the City's participation in PERS will not require the City to expend additiona l
funds toward health insurance beyond what is already provided for above in Sectio n
12 .1 . In summary, this cost and any increases will be borne by the employees .
12 .3 Health Insurance Coverage Optional Participatio n
Employees with proof of medical insurance elsewhere are not required to participat e
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 place d
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 contributio n
toward retiree premiums and the City's costs for the Public Employee's Contingenc y
Reserve Fund and the Administrative Costs . However, there is no requirement tha t
these funds be used exclusively for this purpose nor any guarantee that they will b e
sufficient to fund retiree health costs, although they will be used for negotiate d
employee benefits .
12 .4 Dental and Vision Insurance/Dependent Coverag e
Employees will be required to participate in the City's dental and vision plans at th e
employee only rate . Should they elect to cover dependents in the City's dental an d
20
vision plans, they may do so, even if they do not have dependent coverage unde r
PERS .
12 .5 Life Insurance & Long Term Disability Insuranc e
Employees in the Police Staff Officers Unit shall have life insurance coverage o f
Forty-Five Thousand Dollars ($45,000). Twenty Thousand Dollars ($20,000) shall b e
paid by the employees through the City's Cafeteria Plan and Twenty-Five Thousan d
($25,000) shall be paid by the City . Non-sworn employees shall continue to b e
covered under the City's long-term disability insurance plan .
12 .6 Medical Plan Review Committe e
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee . In addition, the Association may appoint one non-votin g
representative to provide a wider range of viewpoint for discussion .
A .
Duties and Obligations of the Medical Plan Review Committe e
1.Review and suggest changes for the City's flexible benefits plan and th e
insurance plans offered under the MOA .
2.Submit to the City and its employee associations recommendations o n
proposed changes for the City's flexible benefits plan and the insuranc e
plans offered under the MOA .
3.Disseminate information and educate employees about the City's flexibl e
benefits plan and the insurance plans offered under the MOA .
4.Participate in other related assignments requested by the City and it s
employee associations .
21
B .
Miscellaneou s
1.The actions of the Medical Plan Review Committee shall not preclud e
the Association and the City from meeting and conferring .
2.No recommendation of the Medical Plan Review Committee on matter s
within the scope of bargaining shall take effect before completion o f
meet and confer requirements between the City and Association .
3 If changes to the City's flexible benefits plan are subject to meet an d
confer requirements, the City and the Association agree to meet an d
confer in good faith .
4 . In performing its duties, the Medical Plan Review Committee ma y
consult independent outside experts . The City shall pay any fees incurre d
for this consultation, provided that the City has approved the consultatio n
and fees in advance .
C . City agrees to continue its contribution to the Cafeteria Plan for two pa y
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 regula r
City health benefit contribution for the first two pay periods following the pa y
period in which the employee's accrued vacation and sick leave balances eac h
zero .
22
ARTICLE 1 3
RETIREMENT
13 .1 The City agrees to provide the Public Employees' Retirement System's (PERS) 3% a t
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 Survivo r
Allowance, the 1959 Survivor's Benefit - Level Four, military service credit, one-yea r
final compensation, conversion of unused sick leave credit to additional retiremen t
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 fina l
compensation, military service credit, conversion of unused sick leave credit t o
additional retirement credit, and Pre-Retirement Optional Settlement 2 Death Benefit .
13 .2 The City has discontinued paying the sworn employees' share of the PER S
Contribution (9%) and the non-sworn employees' share of the PERS Contributio n
(8%). The 9% for sworn or the 8% for non-sworn is included to the base salar y
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) o f
the Internal Revenue Code (IRC).
13 .3 The employee will be responsible for any and all tax liability incurred should the IR C
provision become invalid .
13 .4 Second Tier Retiremen t
This section only applies to new employees hired on or after July 1, 2012 . Effectiv e
July 1, 2012 or as soon as practical upon approval by Ca1PERS, Safety members wil l
be subject to the same second tier PERS formula implemented with the San Lui s
Obispo Police Officers Association (POA). Effective July 1, 2012 or as soon a s
practical upon approval by Ca1PERS, Non-safety members will be subject to the sam e
23
second tier PERS formula implemented with the San Luis Obispo City Employee s
Association (SLOCEA).
24
ARTICLE 1 4
UNIFORM ALLOWANC E
14 .1 Each employee required to wear a uniform shall receive an annual uniform allowanc e
as provided below and is expected to purchase and maintain in good repair all require d
uniform pieces .
14 .2 The uniform allowance shall be $1,000 per year, with $500 issued to the employe e
with the first payroll period in June and $500 issued to the employee with the firs t
payroll period in December . New hires will receive a prorated amount .
14 .3 All represented employees shall be eligible for uniform allowance without regard t o
duty status interruption if in paid status, including 4850 Pay . Uniform allowance shal l
be reported to Ca1PERS as special compensation . Uniform allowance will not be pro -
rated upon separation from employment.
25
ARTICLE 1 5
HOLIDAY S
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 Da y
July 4 - Independence Da y
First Monday in September - Labor Da y
September 9 – California Admission Day
Second Monday in October – Columbus Da y
November 11 - Veteran's Da y
Fourth Thursday in November - Thanksgiving Da y
Friday after Thanksgivin g
One-half day before Christmas Da y
December 25 Christmas
One-half day before New Year's Da y
15 .2 Each employee in this unit shall earn 4 hours of holiday leave bi-weekly, in lieu of fixe d
holidays .
Such employees shall receive payment at straight time hourly rate for a portion of thei r
earned holiday leave (2 .00 hours) each bi-weekly payroll period .
15 .3 The remainder of the employee's annual holiday leave (52 hours) shall be advanced t o
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 o r
his/her designee .
15 .4 Each calendar quarter, an employee has the option of receiving payment for one-fourt h
(1/4) of his/her advanced holiday leave . The combination of holiday leave taken of f
and payment of advanced holiday time may not exceed 52 hours . Any holiday leav e
remaining as of the last payroll period in December of each year will be paid to th e
26
employee at the straight time rate .
If an employee terminates for any reason, having taken off hours in excess of his/he r
prorated share, the value of the overage will be deducted from the employee's fina l
paycheck .
27
ARTICLE 1 6
VACATION LEAVE
16 .1 Each incumbent of a 40 hour week line-item position shall accrue vacation leave wit h
pay at the rate of 96 hours per year of continuous service since the benefit date for th e
first five years, 120 hours per year upon completion of five years, 144 hours per yea r
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 equivalen t
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 unuse d
vacation leave .
16 .4 Vacation schedules must be reviewed by the Chief or his/her designee prior to th e
scheduled vacation . Vacation schedules will be based upon the needs of the City an d
then, insofar as possible, upon the wishes of the employee . The department may no t
deny an employee's vacation request if such denial will result in the loss of vacatio n
accrual by the employee, except that, management may approve a two mont h
extension of maximum vacation accrual . However, in no event shall more than on e
such extension be granted in any calendar year .
16 .5 Any employee who is on approved vacation leave and becomes eligible for sick leav e
as defined in Section 2 .36 .420A of the Personnel Rules & Regulations may have suc h
time credited as sick leave under the following conditions .
A
A physician's statement certifying that illness, injury or exposure to contagiou s
disease has occurred is presented to the supervisor upon returning to work .
28
B .
The vacation leave immediately ends and the employee reports to wor k
following the end of sick leave usage .
16 .6 Vacation leave shall be accrued as earned each payroll period, provided that not mor e
than twice the annual rate may be carried over to a new calendar year . It shall be th e
responsibility of the employee to plan vacations and receive departmental approval i n
a timely manner .
16 .7 All employees in this unit are eligible once annually in December, to request paymen t
for up to 80 hours of unused vacation leave provided that an employee's overal l
performance and attendance practices are satisfactory .
29
ARTICLE 1 7
ADMINISTRATIVE LEAV E
17 .1 The Administrative Sergeant, Lieutenants, Captains, Police Records Supervisor an d
Communications and Records Manager are exempt from paid overtime except a s
specifically authorized by the Police Chief due to extraordinary circumstances . In
general, management employees are expected to work the hours necessary t o
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 Polic e
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 ar e
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 a n
individual is not actively employed in an exempt position with the city during the ful l
year such leave shall be prorated or if the yearly amount earned is changed during th e
year the amounts shall be prorated . For purposes of computing monthly amounts th e
rate of 5 .33 hours per month may be used (64=12 = 5 .33).
17 .3 Exempt employees understand that the nature of their jobs require that they will wor k
additional hours outside of their regularly scheduled shifts for such activities a s
occasional meetings, paybacks, briefings, shift preparation, etc . Subject to th e
approval of the Bureau Commander, exempt employees may shift adjust for suc h
things as court, administrative assignments, filling shift vacancies, lengthy or frequent
meetings, training, etc .
30
ARTICLE 1 8
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 dolla r
value of the employee's accumulated sick leave will be paid to the employee, or th e
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 %
31
ARTICLE 1 9
FAMILY LEAV E
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 that family member i s
part of the employee's household .
19 .3 An employee may take up to 56 hours of sick leave per year if that family member i s
part of the employee's household and is hospitalized . The employee shall submi t
written verification of such hospitalization .
19 .4
For purposes of this article, immediate family is defined as :
•spouse/registered domestic partne r
•chil d
•brother
•siste r
•parent
•parent-in-law
•step-paren t
•step-brother
+step-sister
•grandparent
•grandchil d
•any other relative living in the same househol d
19 .5
The amounts shown in 19 .1, 19 .2 and 19 .3 above are annual maximums, no t
maximums per qualifying family member .
19 .6 If the family member is a child, parent or spouse/registered domestic partner, a n
employee may use up to 48 hours annually to attend to the illness of the child, paren t
32
or spouse, instead of the annual maximums in paragraphs 19 .1 and 19 .2, in accordanc e
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 t o
12 weeks of Family/Medical Leave within any 12 month period . Family/Medica l
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 continuin g
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 fou r
month Pregnancy-Disability Leave provided by California law . Paid leave,if use d
for family leave purposes or personal illness, will be subtracted from the 12 week s
allowed by the Family/Medical Leave Program . Employees must use all availabl e
vacation, compensatory time off and administrative leave and, if appropriate, sic k
leave prior to receiving unpaid Family/Medical Leave .
19 .9 Employees on Family/Medical Leave will continue to receive the City's contributio n
toward the cost of health insurance premiums . However, employees who receiv e
cash back under the City's Flexible Benefit Plan will not receive that cash during th e
Family/Medical Leave . Only City group health insurance premiums will be paid b y
the City .
33
19 .10 If an employee does not return to work following leave, the City may collect from th e
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 t o
Family/Medical Leave Program".
34
ARTICLE 2 0
BEREAVEMENT LEAV E
At each employee's option, sick leave may be used to be absent from duty due to the death o f
a member of the employee's immediate family, meaning :
•Spouse/registered domestic partner
• chil d
•brother
•sister
•parent
•parent-in-law
•step-parent
•step-brothe r
•step-siste r
•grandparent
•grandchild
•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 grante d
sick leave pay . False information concerning the death or relationship shall be cause fo r
discharge .
35
ARTICLE 2 1
CATASTROPHIC LEAV E
Employees may participate in the Catastrophic Leave program in accordance with the City -
wide Catastrophic Leave Policy .
36
ARTICLE 22
WORKERS' COMPENSATION LEAV E
Any employee who is absent from duty because of on-the-job injury in accordance with Stat e
Workers' Compensation law and is not eligible for disability payments under Labor Cod e
Section 4850 shall be paid the difference between his/her base salary and the amount provide d
by Workers' Compensation law during the first 90 business days of such disability absence .
37
ARTICLE 23 ,
JURY DUTY AND MILITARY LEAVE S
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 an y
trial, shall be compensated for the time required to be spent under the jurisdiction o f
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 th e
time required to be spent on jury duty and the normal workday of the employee shal l
be spent performing the employee's regular job assignments unless the departmen t
head, upon approval of the Director of Human Resources, determines this not to b e
practical .
23 .2 MILITARY LEAV E
Any line-item employee shall receive normal salary and fringe benefits during the firs t
thirty days of any period of temporary military leave . Such compensation shall no t
exceed thirty calendar days in any one fiscal year . Any temporary military leave i n
excess of thirty days in one fiscal year shall be taken as vacation leave or leave o f
absence without pay .
38
ARTICLE 24
GRIEVANCE PROCEDUR E
21 .1 A grievance is defined as an alleged violation, misinterpretation or misapplication o f
the personnel rules and regulations or of any Memorandum of Agreement, excludin g
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 accompan y
him/her at each step of the process . If the matter can be resolved at that level t o
the satisfaction of the employee, the grievance shall be considered terminated .
B.If still dissatisfied, the employee may immediately submit the grievance i n
writing to the Police Chief for consideration, stating the facts on which it wa s
based, including the provision of the rules, regulations, or agreement said to b e
violated, and the proposed remedy . This action must take place within 1 5
business days of the occurrence of the grievance . The Police Chief shal l
promptly consider the grievance and render a decision in writing within 1 5
business days of receiving the written grievance . If the employee accepts th e
Police Chiefs decision, the grievance shall be considered terminated .
C.If the employee is dissatisfied with the Police Chiefs decision, the employee
may immediately submit the grievance in writing to the Human Resource s
Director within five business days of receiving the Police Chiefs decision . Th e
39
Human Resources Director shall confer with the employee and the Police Chie f
and any other interested parties, and shall conduct such other investigations a s
may be advisable .
D . The results or findings of such conferences and investigations shall b e
submitted to the City Manager in writing within fifteen (15) business days o f
receiving the employee's written request . The City Manager will meet with th e
employee if the employee so desires before rendering a decision with respect t o
the complaint . The City Manager's decision shall be in writing and given to th e
employee within 15 business days of receiving the Human Resources Director's
results and findings . Such decision shall be final unless the employee desire s
the Personnel Board to review the decision . If such is the case, the employe e
will have five business days following receipt of the City Manager's decisio n
to submit a written request to the Personnel Board through the Huma n
Resources Director for a review of the decision . The Personnel Board within 3 0
business days shall review the record and either (1) issue an advisory opinion t o
the City Manager ; 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 o f
the close of such hearing . If an opinion signed by at least three (3) members o f
the Personnel Board recommends overruling or modifying the City Manager's
decision, the City Manager shall comply or appeal this recommendation to th e
City Council . Such appeal shall be filed with the City Clerk within thre e
business days of the Board's action . If appealed, the City Council shall revie w
the case on the record and render a final decision within 15 business days o f
submittal .
40
ARTICLE 2 5
DISCIPLINARY ACTIO N
Except in cases of disciplinary suspensions of less than one work week, the standards for the
discipline of exempt employees shall generally be consistent with the standards for disciplin e
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 o f
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 Cit y
safety rules of major significance . Minor violations of rules and regulations may result i n
lesser disciplinary actions, such as oral or written reprimands, counseling, or special training ,
etc .
41
ARTICLE 2 6
IMPASSE PROCEDUR E
26 .1 MEDIATION
A . Mediation may be requested only after the possibility of settlement by direc t
discussion (meet and confer) has been exhausted . Mediation may be requested b y
scheduling a meeting with the Employee Relations Officer (City Manager).
1 . The Employee Relations Officer shall convene a meeting between the chie f
negotiator for the Association, one other representative of the Association, th e
Employee Relations Officer and one other representative of the City :
a.To review the position of the parties in a final effort to reach agreemen t
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 dispute d
issues shall be submitted to mediation . The mediator shall be selected from th e
State Mediation and Conciliation Service by mutual consent . All mediatio n
proceedings shall be private and confidential and the mediator shall make n o
public recommendation nor take any public position at any time concerning th e
issue . Any fees or expenses of mediation shall be shared equally by the Cit y
and the Association .
C . Mediation shall be terminated if agreement has not been reached in 30 day s
unless extended by mutual agreement .
26 .2 FACT-FINDING
A .
If mediation fails to resolve all issues, the unresolved issues shall be referred t o
42
"fact-finding ." The fact-finder shall be selected by mutual consent .
B.The City and the Association shall submit its position on each unresolved issu e
and its last offer of settlement to the fact-finder . After due consideration, th e
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 Cit y
and the Association . Each party shall accept, reject or propose alternatives t o
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 othe r
representative of the Association, the Employee Relations Officer and on e
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 an d
confidential . Any fees or expenses shall be equally shared by the City and th e
Association .
43
ARTICLE 2 7
SWAT SERGEANTS AND LIEUTENANT S
SWAT team members are required to maintain a higher standard of physical fitness than th e
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 maximu m
yearly rate of $375 .00 per member . At the City's request each member requestin g
reimbursement may be required to provide proof of membership and active participation .
44
ARTICLE 2 8
REOPENER S
The City and the Associations agree to meet and confer to discuss post-retirement healt h
contributions if changes to this benefit are agreed to with the Police Officers' Associatio n
during the term of the contract .
45
ARTICLE 2 9
FULL AGREEMENT
This Agreement represents a complete and final understanding on all negotiable issue s
between the City and the Association . This Agreement supersedes all previous Memoranda
of Understanding or Memoranda of Agreement between the City and the Association excep t
as specifically referred to in this Agreement . In the event any new practice or subject matte r
arises during the term of this Agreement and an action is proposed by the City, th e
Association will be afforded notice and shall have the right to meet and confer upon request .
46
ARTICLE 3 0
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any cour t
of competent jurisdiction, or if compliance with or enforcement of any provision should b e
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, an d
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 unde r
Section 13 of City Resolution No . 6620 .
47
ARTICLE 3 1
TERM OF AGREEMEN T
This Agreement shall become effective as of July 1, 2012, except that those provisions whic h
have specific implementation dates shall be implemented on those dates and shall remain i n
full force and effect until midnight June 30, 2015 .
48
ARTICLE 3 2
AUTHORIZED AGENT S
For the purpose of administering the terms and provisions of the Agreement :
A.The Association's principal authorized agent shall be the Presiden t
(address : 1042 Walnut Street, San Luis Obispo, California 93401 ; telephone :
(805) 781-7342).
B.Management's principal authorized agent shall be the Human Resources Directo r
or his/her duly authorized representative (address : 990 Palm Street, San Lui s
Obispo, California 93401 ; telephone : (805) 781-7252).
49
ARTICLE 3 3
SIGNATURES,
1.Classifications covered by this agreement and included within this unit are Polic e
Sergeant, Police Lieutenant, Police Captain, Communications Supervisor, Polic e
Records Supervisor, and Communications and Records Manager .
2.This Agreement does not apply to Temporary Employees or Part-time Employees .
This Agreement was executed on May 15, 2012, by the following parties :
CITY OF SAN LUIS OBISPO SAN LUIS OBISP O
POLICE STAFF OFFICERS '
ASSOCIATION
Monica Irons, Human Resources Director
Ferri R senblum, Presiden t
-1/LA -,et-lAk, Amu)
r
Greg Zoc r ..an 'sources Manager
Brian Amoroso, Negotiato r
50
APPENDIX A
Salary Range Listing - July 2012 Through June 201 5
July 201 2
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Job
Code
Salary
Range Title
Monthly/
Bi-Weekly
Monthly/
Bi-Weekly
Monthly/
Bi-Weekly
Monthly/
Bi-Weekly
Monthly/
Bi-Weekly
Monthly/
Bi-Weekly
8010 800 Police Sergeant 8,034 8,457 8,902 9,370 9,864 10,38 3
3,708 3,903 4,109 4,325 4,552 4,79 2
8030 805 Police Lieutenant 9,149 9,630 10,137 10,671 11,232 11,82 4
4,223 4,445 4,679 4,925 5,184 5,45 7
8040 810 Police Captain 10,463 11,014 11,594 12,204 12,846 13,522
4,829 5,083 5,351 5,633 5,929 6,24 1
8050 855 Communications Supervisor 5,938 6,251 6,580 6,926 7,291 7,674
2,741 2,885 3,037 3,197 3,365 3,54 2
8045 850 Records Supervisor 5,118 5,388 5,671 5,970 6,284 6,61 5
2,362 2,487 2,617 2,755 2,900 3,05 3
8055 800 Communications & Records Mgr 8,034 8,457 8,902 9,370 9,864 10,38 3
3,708 3,903 4,109 4,325 4,552 4,79 2
January 2013
2 .5% decrease for al l
employee s
except Records Superviso r
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 8i-Weekly Bi-Weekly Bi-Weekly
8010 800 Police Sergeant 7,833 8,245 8,679 9,136 9,617 10,12 3
3,615 3,806 4,006 4,217 4,439 4,67 2
8030 805 Police Lieutenant 8,920 9,390 9,884 10,404 10,952 11,52 8
4,117 4,334 4,562 4,802 5,055 5,32 1
8040 810 Police Captain 10,202 10,739 11,304 11,899 12,525 13,18 4
4,708 4,956 5,217 5,492 5,781 6,08 5
8050 855 Communications Supervisor 5,790 6,095 6,415 6,753 7,108 7,48 2
2,672 2,813 2,961 3,117 3,281 3,45 3
8045 850 Records Supervisor 5,118 5,388 5,671 5,970 6,284 6,61 5
2,362 2,487 2,618 2,755 2,900 3,05 3
8055 800 Communications & Records Mgr 7,833 8,245 8,679 9,136 9,617 10,123
5 1
APPENDIX A
3,615 3,806 4,006 4,217 4,439 4,672 1
January 2014
2% decrease for all employee s
except Records Superviso r
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Jo b
Code
Salary
Range Title
Monthly/
Bi-Weekly
Monthly/
Bi-Weekly
Monthly/
Bi-Weekly
Monthly/
Bi-Weekly
Monthly/
Bi-Weekly
Monthly/
Bi-Weekl y
8010 800 Police Sergeant 7,676 8,080 8,505 8,953 9,424 9,92 0
3,543 3,729 3,926 4,132 4,350 4,57 9
8030 805 Police lieutenant 8,742 9,203 9,687 10,197 10,733 11,29 8
4,035 4,247 4,471 4,706 4,954 5,21 5
8040 810 Police Captain 9,998 10,524 11,078 11,661 12,274 12,92 0
4,614 4,857 5,113 5,382 5,665 5,96 3
8050 855 Communications Supervisor 5,673 5,972 6,286 6,617 6,965 7,33 2
2,618 2,756 2,901 3,054 3,215 3,38 4
8045 850 Records Supervisor 5,118 5,388 5,671 5,970 6,284 6,61 5
2,362 2,487 2,618 2,755 2,900 3,05 3
8055 800 Communications & Records Mgr 7,676 8,080 8,505 8,953 9,424 9,92 0
3,543 3,729 3,926 4,132 4,350 4,579
5 2