HomeMy WebLinkAboutr10407adopting&ratifyingthemoabetcityofslo&slopoaforperiodjan12012thrudec312015RESOLUTION NO . 10407 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISP O
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMEN T
BETWEEN THE CITY OF SAN LUIS OBISPO AND TH E
SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION FOR THE PERIOD O F
JANUARY 1, 2012 THROUGH DECEMBER 31, 201 5
WHEREAS,representatives of the San Luis Obispo Police Officers' Association me t
multiple times with City representatives to identify sustainable reductions in total compensatio n
costs ; an d
WHEREAS,this agreement achieves Council's labor relations objectives to reduce tota l
compensation costs and implement sustainable pension cost containment and reductions .
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 Officers' Association, attached hereto as Exhibit "A" and incorporate d
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 : Matt Blackstone, San Luis Obispo Polic e
Officers' Association and Monica Irons, Director of Human Resources .
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, and o n
the following roll call vote :
AYES :Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter an d
Mayor Marx
NOES :Non e
ABSENT : None
R 10407
Resolution No . 10407 (2012 Series )
Page 2
The foregoing resolution was adopted this 16 `s day of October, 2012 .
i
Mayor
arx
ATTEST :
EXHIBIT A
MEMORANDUM OF AGREEMEN T
BETWEE N
THE CITY OF SAN LUIS OBISP O
AND TH E
POLICE OFFICERS' ASSOCIATIO N
January 1, 2012 — December 31, 201 5
city o f
san tuts OBISPO
Article No .
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TABLE OF CONTENT S
Title Paqe No .
Preamble 1
Recognition 2
Check Off/Dues Deduction 3
Employee Rights 4
Management Rights 5
Representative Role 6
Salary 8
Master Police Officer Program 1 3
Bilingual Pay 1 5
Overtime - Sworn 1 6
Overtime — Non-Sworn 1 9
Work Out-Of-Grade 2 2
Standby — Sworn and Non-Sworn 2 3
Education Incentive 2 4
Uniform Allowance 2 6
Health Care Insurance 2 7
Retirement 3 1
Seniority 32
Holidays 3 3
Vacation 3 5
Sick Leave 3 6
Family Leave 3 7
Bereavement Leave 3 9
Catastrophic Leave 4 0
Workers' Compensation Leave 4 2
Jury Duty and Military Leaves 4 3
General Provisions 44
Article No .Title Page No .
28 Residency Requirements 4 5
29 Promotional Policy 4 6
30 Performance Evaluations 5 1
31 Grievance Procedure 5 3
32 Layoffs 5 6
33 Work Actions 5 8
34 Communication Process 59
35 Notice to the Association 60
36 Equipment 6 1
37 Temporary Modified Duty 6 3
38 Work Schedules 64
39 SWAT 7 1
40 Traumatic Incidents 7 2
41 No Discrimination 7 3
42 Staffing 74
43 Full Agreement 75
44 Savings Clause 76
45 Renegotiations 77
46 Term of Agreement 7 8
Appendix "A" - Classification 79
Appendix "B" — Grievance Forms 80
ARTICLE1
PREAMBLE
1 .1 This Agreement is effective the 1st day of January, 2012, by and between the City of Sa n
Luis Obispo, hereinafter referred to as City, and the San Luis Obispo Police Officers'
Association . The provisions of this Agreement shall apply to all unit members employe d
on January 1, 2012, or thereafter .
1 .2 The purpose of this Agreement is to promote the improvement of personnel managemen t
and employer/employee relations, provide an equitable and peaceful procedure for th e
resolution of differences and establish rates of pay and other terms and conditions o f
employment .
1 .3 The City and the Police Officers' Association agree that all employees of the City share i n
the important responsibility of providing superior service to the public and that every jo b
and position is considered to be important .
1 .4 Nothing in this Agreement between the parties shall invalidate or be substituted for an y
provision in Resolution No . 6620 (1989 Series) unless so stipulated to by provision(s )
contained herein and agreed to .
1
ARTICLE2
RECOGNITION
The City hereby recognizes the San Luis Obispo Police Officers' Association as the bargainin g
representative for purposes of representing regular and probationary employees, occupying th e
position classifications set forth in Appendix A, in the Police Unit with respect to thei r
compensation, hours and other terms and conditions of employment for the duration of the
Agreement .
2
ARTICLE3
CHECK OFF/DUES DEDUCTIO N
3 .1
The City shall deduct dues from City employees and remit said dues to the Associatio n
treasurer, which dues shall not include assessments .
3 .2 Dues deduction, additions, and/or deletions shall be recorded by the City's Finance &
Information Technology Director or designee and a notification of all dues transaction s
shall be sent monthly to the Association President .
3 .3
The Association shall hold the City harmless from any and all claims, and will indemnif y
it against any unusual costs in implementing these provisions .
3 .4
The Association shall refund to the City any amount paid to the Association in error ,
upon presentation of supporting evidence .
3
ARTICLE4
EMPLOYEE RIGHT S
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 matters o f
employer-employee relations including, but not limited to, wages, hours and other terms an d
conditions of employment . Employees of the City also shall have the right to refuse to join o r
participate in the activities of employee organizations and shall have the right to represen t
themselves individually in their employment relations with the City . No employee shall b e
interfered with, intimidated, restrained, coerced or discriminated against because of the exercis e
of these rights .
4
ARTICLE5
MANAGEMENT RIGHT S
The rights of the City include, but are not limited to, the exclusive right to determine the missio n
of its constituent departments, commissions and boards ; set standards of service ; determine th e
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 othe r
legitimate reasons ; maintain the efficiency of government operations ; determine the methods ,
means and personnel by which government operations are to be conducted ; determine th e
content of the job classifications ; take all necessary actions to carry out its mission i n
emergencies ; and exercise complete control and discretion over its organization and th e
technology for performing its work .
The City's exercise of its rights under this section is subject to applicable State law .
5
ARTICLE6
REPRESENTATIVE ROL E
As established by Article 43 of this Agreement, in the event any new practice or subject matte r
within the scope of representation arises during the term of this Agreement and an actio n
concerning that practice or subject matter is proposed by the City, the Association will b e
afforded notice and shall have the right to meet and confer upon request . In this event, as well a s
for renegotiations under Article 45 of this Agreement, members of the Association may, by a
reasonable method, select not more than five (5) employee members to meet and confer with th e
Municipal Employee Relations Officer and other management officials (after writte n
certification of such selection is provided by the Association). Such meet and confer session s
under both Article 43 and Article 45 of this Agreement shall be considered hours of work for th e
designated Association representatives . The Association shall, whenever practicable, submit th e
name(s) of each employee representative to the Municipal Employee Relations Officer at leas t
two working days in advance of such meetings .
Provided further :
(A)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 official . That any such meeting is subject to scheduling by City
management consistent with operating needs and work schedules . Nothin g
provided herein, however, shall limit or restrict City management from schedulin g
such meetings before or after regular duty or work hours .
(B)Association members will donate a total of 250 hours per year (inclusive of an y
carryover time) of vacation time, holiday time, and compensatory time off to a n
Association "time bank" under the following guidelines :
During the first full pay period of July each calendar year, the POA Presiden t
shall determine the number of hours remaining in the Association time bank .
That number shall be subtracted from the maximum number of time bank hours o f
6
250 hours . The difference between the actual number of hours and the 250 hou r
maximum will be divided by the number of POA represented employees . Each
represented employee shall then contribute an equal number of leave hours to b e
debited by the City to maintain the 250 hours time bank . Employees shall hav e
the option to designate vacation, holiday or CTO leave time .
1.
Only Association officers or bargaining team members may draw from th e
bank .
2.
Requests to use time from the bank must be made reasonably in advanc e
of the use . Approval is subject to the operational necessity of th e
department and normal time off approval processes .
7
ARTICLE7
SALARY
7 .1
Rules Governing Step Increase s
The following rules shall govern step increases for employees :
A.The first step is the minimum rate and shall normally be the hiring rate for th e
class . In cases where it is difficult to secure qualified personnel, or if a person o f
unusual qualifications is hired, the City Manager may authorize hiring at any step .
B.The second step is an incentive adjustment to encourage an employee to improv e
his/her work . An employee may be advanced to the second step following twelv e
months satisfactory service upon recommendation by the Police Chief and th e
approval of the Human Resources Director .
C.The third, fourth & fifth step represents the middle value of the salary range and i s
the rate at which a fully-qualified, experienced and ordinarily conscientiou s
employee may expect to be paid after a reasonable period of satisfactory service .
An employee may be advanced to the third and subsequent steps after completio n
of twelve months service at the prior step, provided the advancement i s
recommended by the Police Chief and approved by the Human Resource s
Director .
D.The sixth step is to be awarded only in case of work which is well above averag e
for the class . An employee may be advanced to the sixth step after completion o f
one year of service at the fifth step, provided the advancement is recommended b y
the Police Chief and approved by the Human Resources Director .
E The seventh and eighth steps are intended as a reward for performance sustaine d
above satisfactory . An employee may be advanced to the seventh or eighth ste p
after completion of one year at the prior step, provided the advancement i s
recommended by the Police Chief and approved by the Human Resource s
Director.
8
F.Progression to Master Police Officer, step 9, will occur when the employee ha s
satisfied the requirements in Article 8 .4.
G.The Police Chief shall be authorized to reevaluate employees who reach top ste p
in their pay range . An employee who is not performing up to standard for the to p
step shall be notified in writing that the Police Chief intends to reduce him/he r
one step unless job performance improves significantly within a 60-day period .
Unless the employee's job performance improves to an acceptable level by th e
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/she may make the change at any time with three business days' advance d
written notice .
H.Effective January 2013 In order to implement immediate prospective cost saving s
to the City for the hiring of new employees, two additional full salary steps wil l
be added at the bottom of the salary tables for all classifications . The addition o f
two new salary steps will yield a 10 .52% reduction in salary with a correspondin g
reduction in salary related employee costs for all employees hired after thi s
agreement is ratified and adopted by City Council .
The salary range for Police Officer consists of nine steps (1 through 9). Steps 1
through 9 equal 95% of the next highest step, computed to the nearest $1 .00 . The
salary range for Communications Technician, Evidence Technician, Fiel d
Services Technician, Property and Evidence Clerk, Police Records Clerk an d
Police Cadet consists of seven steps (1 through 7). Steps 1 through 7 equal 95% o f
the next highest step, computed to the nearest $1 .0 0
Employees hired before January I, 2013 will be assigned to the correspondin g
step in the new pay scale that is two steps higher than in the pre-January 201 3
salary schedule . No increase or decrease in compensation will result from thi s
9
transition to the new salary schedule . For example, a step 7 police officer wil l
now reflect step 9 and a step 5 Communications Technician will reflect step 7 .
Each across-the-board % salary increase shall raise each step of the range by the %.
Step 7 of each successive salary range will be 2 .63% above step 7 of the next lowe r
range . After all steps of each salary range have been established, each shall be rounde d
off to the nearest $1 .00 . Employees who are eligible for advancement to top step mus t
receive a "Meets Performance Standards" or better on the overall rating on their mos t
recent Performance Appraisal prior to or coincident with their being eligible fo r
advancement by time in grade .
Employees who are eligible for advancement to step 6 or 7 must receive a "Meet s
Performance Standards" or better on the overall rating on their most recent Performanc e
Appraisal prior to or coincident with their being eligible for advancement by time i n
grade .
7 .2
Salary Increases for Term of Agreemen t
In response to the City's request to contain labor costs, the Association agrees t o
effectively freeze any COLA increase during the term of this agreement ; there
shall be no cost of living (COLA) increases for the term of this agreement . Thi s
agreement memorializes two (2) previous years of a 0% COLA for calendar year s
2010 and 2011 and four (4 .0) additional years of a 0% COLA during the term o f
this agreement .
Salary increases will be effective on the first day of the first full pay perio d
following the dates listed below :
•January 1,2012 0%Sworn Classifications (Police Officer )
•January 1,2012 0%Non-Sworn Classification s
•January 1,2013 0%Sworn Classifications (Police Officer )
•January 1,2013 0%Non-Sworn Classification s
•January 1,2014 0%Sworn Classifications (Police Officer )
•January 1,2014 0%Non-Sworn Classifications
1 0
•January 1, 2015 0% Sworn Classifications (Police Officer)
•January 1, 2015 0% Non-Sworn Classification s
Salary Concession for Term of Agreement :
The parties agree to salary reductions as set forth below to be effective on the firs t
day of the first full payroll period in the month and year listed below, for al l
employees in the bargaining unit classifications .
•January 2013 2 .0% Salary Reduction Sworn and Non-Sworn
Classification s
•July 2014 2 .0% Salary Reduction Sworn and Non-Sworn
Classification s
7 .3 Salary Range Listing - January 2012 Through December 201 5
January 2012
Salary
Range
Positio n
Title
Step1 Step2 Step3 Step4 Step 5
Monthly/Monthy/Monthly/Monthly/Monthly/
B1-Weekly 8i-Weekly 5i-Weekly 8i-Weekly
Step 6
Monthly/
Step 7
Monthly/
8i-Weekly Si-Weekly
700 Records Clerk I 3,907 4,113 4,329 4,557 4,79 7
1,803 1,898 1,998 2,103 2,21 4
704 Records Clerk II 4,331 4,559 4,799 5,051 5,31 7
1,999 2,104 2,215 2,331 2,454
705 Police Cadet 4,816 5,070 5,336 5,617 5,91 3
2,223 2,340 2,463 2,593 2,72 9
707 Field Service 5,084 5,352 5,634 5,930 6,24 2
Technician 2,347 2,470 2,600 2,737 2,88 1
707 Property &5,084 5,352 5,634 5,930 6,24 2
Evidence CIk 2,347 2,470 2,600 2,737 2,88 1
708 Cormunications 5,211 5,486 5,774 6,078 6,39 8
Technician I 2,405 2,532 2,665 2,805 2,95 3
720 Evidence 6,957 7,323 7,708 8,114 8,54 1
Technician 3,211 3,380 3,558 3,745 3,942
750 Police Officer 6,285 6,616 6,964 7,330 7,716 8,122 8,55 0
2,901 3,053 3,214 3,383 3,561 3,749 3,946
1 1
January 2013 2%Decrease all classification s
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Monthly/Monthly/Monthly/Monthly/Monthly/Montnly/Monthly/Monthly/Monthly/
Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekl y
Salary
Range
Positio n
Title
700 Records Clerk I 3,456 3,638 3,830 4,031 4,243 4,467 4,702
1,595 1,679 1,767 1,861 1,958 2,062 2,170
704 Records Clerk ll 3,830 4,032 4,244 4,468 4,703 4,950 5,21 1
1,768 1,861 1,959 2,062 2,171 2,285 2,405
705 Police Cadet 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
707 Feld Service 4,496 4,733 4,982 5,244 5,520 5,811 6,11 7
Technician 2,075 2,184 2,299 2,420 2,548 2,682 2,82 3
707 Property&4,496 4,733 4,982 5,244 5,520 5,811 6,11 7
Evidence Ok 2,075 2,184 2,299 2,420 2,548 2,682 2,82 3
708 Communications 4,609 4,852 5,107 5,376 5,659 5,957 6,27 0
Technician I 2,127 2,239 2,357 2,481 2,612 2,749 2,89 4
720 Evidence 6,153 6,476 6,817 7,176 7,554 7,951 8,370
Technician 2,840 2,989 3,146 3,312 3,486 3,670 3,863
750 Police Officer 5,558 5,851 6,159 6,483 6,824 7,184 7,562 7,960 8,37 9
2,565 2,700 2,843 2,992 3,150 3,315 3,490 3,674 3,86 7
July 2014 2%Decrease all classification s
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/monthly/Monthly/Monthly/
SiWeeky SiWeeky Bi-Weekly Bi-Weekly Bi-Weekly Bi-weekiy Bi-Weekly Bi-Weekly Bi-Weekl y
Salary
Range
Position
Title
700 Records Clerk I 3,388 3,566 3,754 3,951 4,159 4,378 4,609
1,564 1,646 1,732 1,824 1,920 2,021 2,12 7
704 Records Clerk II 3,754 3,952 4,160 4,378 4,609 4,851 5,107
1,733 1,824 1,920 2,021 2,127 2,239 2,357
705 Police Cadet 4,174 4,394 4,625 4,869 5,125 5,395 5,679
1,927 2,028 2,135 2,247 2,365 2,490 2,621
707 Held Service 4,407 4,639 4,883 5,140 5,411 5,695 5,995
Technician 2,034 2,141 2,254 2,372 2,497 2,629 2,767
707 Property&4,407 4,639 4,883 5,140 5,411 5,695 5,995
Evidence Olk 2,034 2,141 2,254 2,372 2,497 2,629 2,767
708 Communications 4,517 4,755 5,005 5,268 5,546 5,837 6,145
Technician I 2,085 2,194 2,310 2,432 2,559 2,694 2,836
720 Evidence 6,030 6,347 6,681 7,033 7,403 7,793 8,203
Technician 2,783 2,930 3,084 3,246 3,417 3,597 3,786
750 Police Officer 5,448 5,735 6,036 6,354 6,688 7,040 7,411 7,801 8,21 2
2,514 2,647 2,786 2,933 3,087 3,249 3,420 3,601 3,790
1 2
ARTICLE8
MASTER POLICE OFFICER PROGRA M
8 .1
The Master Police Officer Program shall be as follows :
The specialty assignments included in this program are :
Field Training Officer
3 year s
S .E .T .
3 year s
Traffic Officer
3 year s
Investigator
4 year s
Narcotics Task Force Investigator 4 years (effective January 1, 2006 )
SR O
Crime Scene Investigato r
Defensive Tactics Instructor *
Hostage Negotiator*
Range Master
Downtown Office r
Swat Team Operator *
Bomb Technician *
* Non-mandatory Rotational position .
** Early opt out allowed after two years with full credit towards MPO status .
8 .2
To be eligible for compensation under this program, an employee must receive an d
maintain at least a "Meets Performance Standards" rating on their evaluation .
8 .3
Compensation under this program shall in no case exceed one step on the salary range .
8 .4
Master Police Officer
Eligibility requirements for the position of Master Police Officer are as follow s
effective January 1, 2006 :
3 years
3 years
3 years (effective January 1, 2007 )
3 years (effective January 1, 2007 )
4 years**
3 years**
3 year s
3 year s
13
1.
One full year at Step 8 of the salary range .
2.
Must have obtained an advanced POST Certificate
3.Must have successfully completed two specialty assignments and two years in a
third specialty assignment . Assignments may be completed in any order . Latera l
Officers having completed two comparable specialty assignments at their prio r
agency shall receive credit for a third specialty assignment . The comparability o f
specialty assignments shall be determined by the Police Chief in his/he r
discretion . The Chief may require an employee seeking credit for prior agenc y
specialty assignment credit to submit satisfactory proof of successful performanc e
in such assignments .
4.Reassignment, with a break in service, to the same assignment will be credited a s
a third assignment . To be credited for the purposes of compensation, an office r
shall be required to complete the terms of any specialty assignment unless earl y
departure for good cause is/was authorized by the Chief of Police . Departure fo r
any other reason will forfeit MPO compensation at the time of departure .
5.The Department may, at any time, temporarily remove an employee from a
specialty assignment to meet operational needs . If the cumulative total time o f
removal from the assignment prior to the employee's scheduled rotation dat e
exceeds 90 days, the employee shall have the option of extending the rotation dat e
by the total time of removal or accepting that amount of time as credit toward s
completion of the specialty assignment .
6.Qualified Master Police Officers will be permitted to wear a two-stripe insigni a
(otherwise recognized as Corporal stripes) recognizing their status as determine d
by Department uniform policy .
7.
Compensation : Police Officer Step 9 .
8.The employee is responsible for requesting advancement to Master Police Officer .
The Department will, once annually, remind employees to make such requests .
Retroactive payments will not be made if the employee fails to make a timel y
request .
14
ARTICLE9
BILINGUAL PA Y
9 .1 Employees certified as bilingual in Spanish through a testing process administered by th e
City Human Resources Department shall receive a bilingual payment of $50 per pay
period . Additional languages may be approved by the City based upon demonstrate d
need . Regardless of certification, all employees shall use any language skills the y
possess to the best of their ability .
16
ARTICLE 1 0
OVERTIME - SWOR N
10 .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, and compensatory time of f
shall be considered hours worked when computing overtime .
10 .2 ELIGIBILITY
All sworn employees covered by this Agreement shall be eligible for overtime pay .
10 .3 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 of f
B.The Association and the City agree that CTO usage is subject to normal time off
approval processes and may be denied if it would result in the need for overtim e
coverage (except when scheduled in conjunction with approved vacation durin g
the annual vacation sign-ups).
10 .4 GUARANTEED MINIMUMS FOR RETURNING TO WOR K
Whenever an employee is required by the department to return 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 work actuall y
performed .
10 .5 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 . Unanticipate d
17
emergency call-backs (criminal investigations, emergency evacuations, natural disasters ,
civil unrest, SWAT, etc .) will include a total 30 minutes for travel time .
10 .6 COURT TIME
A.Effective the first full pay period upon ratification, employees reporting for cour t
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 b e
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 subjec t
to a single minimum payment .
D.If a scheduled court appearance is canceled on the day the employee is to appear ,
s/he shall be eligible for the minimum payment in this Section .
10 .7 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 .
10 .8 TRAINING
A.Employees called back for training sessions, authorized by the Police Chief o r
designee shall be guaranteed three-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)
18
•Lunch - $15 .0 0
•Commuter Lunch - $8 .00
•Dinner - $25 .0 0
•Mileage at the prescribed IRS mileage reimbursement rate .
10 .9 RANGE QUALIFICATIO N
A.Employees required to qualify with department approved firearms shall b e
guaranteed three hours at time and one-half when participating in range
qualification training when off duty .
B.Each employee who shoots for qualification shall be provided 100 rounds o f
practice handgun ammunition each month upon request . Employees may onl y
receive the current month's handgun allocation .
10 .10 OVERTIME ASSIGNMEN T
A.The Department, prior to each shift rotation, will post an overtime interest list .
Planned overtime will be called from this list in order of seniority . Employee s
may add and/or delete their names from this list at any time .
B.An officer may decline a non-emergency overtime shift if s/he has worked a n
overtime shift of at least eight hours in the last fourteen days . If no volunteers ar e
available from the list, the Watch Commander may then move up to the next leas t
senior officer on that shift for mandatory overtime .
19
ARTICLE 1 1
OVERTIME - NON-SWOR N
11 .1 DEFINITION
Overtime is defined as all hours worked in excess of 80 hours worked in a pay period .
Vacation, holidays, sick leave, IOD and compensatory time off shall be considered hour s
worked when computing overtime .
11 .2 ELIGIBILIT Y
All non-sworn employees covered by this Agreement shall be eligible for overtime pay .
11 .3 COMPENSATIO N
Overtime shall, at the employee's option, be compensated in cash at time and one half th e
employee's regular rate of pay or in time off compensated at time and one hal f
Maximum accrual of compensatory time shall 240 hours for all non-sworn classifications .
11 .4 GUARANTEED MINIMUMS FOR RETURNING TO WOR K
Whenever an employee is required by the department to return 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 work actuall y
performed .
11 .5 CALL BAC K
Employees called back to work at hours not contiguous to their normally scheduled shif t
shall be guaranteed a three-hour minimum payment at time and one half . Unanticipate d
emergency call-backs (criminal investigations, emergency evacuations, natural disasters ,
civil unrest, SWAT, etc .) will include a total 30 minutes for travel time .
20
11 .6 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 . 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.If a scheduled court appearance is canceled on the day the employee is to appear ,
s/he shall be eligible for the minimum payment in this Section .
11 .7 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 .
11 .8 TRAININ G
A.Employees called back for training sessions, authorized by the Police Chief o r
designee shall be guaranteed three-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 .00
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•
Mileage at the prescribed IRS mileage reimbursement rate .
11 .9 OVERTIME ASSIGNMEN T
A . The Department, prior to each shift rotation, will post an overtime interest list .
Planned overtime will be called from this last in order of seniority . Employee s
may add and/or delete their names from this list at any time .
11 .10 RANGE QUALIFICATION
A.Employees required to qualify with department approved firearms, shall b e
guaranteed three hours at time and one-half when participating in range
qualification training when off duty .
B.Each employee who shoots for qualification shall be provided 100 rounds o f
practice handgun ammunition each month upon request . Employees may onl y
receive the current month's handgun allocation .
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ARTICLE 1 2
WORK OUT-OF-GRAD E
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 th e
following conditions :
A.The assignment exceeds ten consecutive workdays, or eighty consecutive wor k
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 o r
the position is vacant and an examination is pending .
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ARTICLE 1 3
STANDBY - SWORN AND NON-SWORN
13 .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 al l
hours by telephone or other agreed upon communication equipment ; and 3) refrain fro m
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 right s
under FLSA .
13 .2 COMPENSATIO N
Hourly Standby
A.Personnel placed on standby shall be compensated one-hour's pay for each fiv e
hours standby .
B.Such employees shall be paid a minimum of three hours straight time when o n
standby . Each calendar day starts a new standby period .
Investigator/Bomb Technician Weekly Standb y
A.InvestigatorsBomb Technicians placed on standby shall be compensated $30 pe r
day Monday through Friday, and $35 per day for other days of standby an d
holidays .
B.Standby shall be rotated among the assigned investigators . Normally, the standb y
assignment shall be for a period of one week .
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ARTICLE 1 4
EDUCATION INCENTIV E
The educational incentive pay plan shall continue as described below for sworn and non-swor n
personnel for the term of this agreement .
A.BASIC BENEFITS .Education incentive pay shall not begin until one year afte r
employment with the City of San Luis Obispo, but credit will be given for approve d
education obtained prior to that time . The basic benefit will consist of an adjustmen t
equal to one-half step above the base salary for possession of an Intermediate POS T
certificate, A .A . or equivalent degree from an accredited community or junior college, o r
60 or more semester units, or a City-approved equivalent ; an adjustment equal to one ful l
step for an Advanced POST certificate, B .A . or equivalent degree from an accredite d
college or university .
B.JOB RELATED FIELDS .Degrees must be either in directly job related fields or includ e
at least 30 semester, or City-approved equivalent, units of job related coursework in th e
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 havin g
completed 60 or more semester units or City-approved equivalent, at least 30 of thos e
units must be in job related coursework . All qualifying coursework must be graded a t
"C" or Pass or better . It is understood that general education courses required for a
degree are compensable under this section .
C.APPLICATION AND APPROVAL .Application for the incentive pay shall be made b y
the employee to the Chief of Police at least 30 days before the date the payment of th e
incentive pay is to be effective . Approval of the Chief of Police and the Director o f
Human Resources shall be required .
D.UNSATISFACTORY PERFORMANCE .To be eligible for compensation under thi s
program, an employee must receive and maintain at least a "Meets Performanc e
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Standards" rating on their annual evaluation . The Chief of Police, with the concurrenc e
of the City Manager, may suspend payment of the incentive pay or Step 7 of the salar y
range, but not both, until such time as the employee's performance comes up to th e
standard level, in the opinion of the Chief of Police and in concurrence of the Cit y
Manager .
E.NON-APPLICABILITY .Educational incentives shall generally not be paid for
education on City time . However, if the City sends an employee for training on City time
and college-level credits are earned during that training, those credits shall count towar d
education incentive . The education incentive will be removed if the employee is
promoted to a position that does not entitle employees to such incentives .
F.ADDITIONAL PROVISIONS .
1.The basic benefit for non-sworn employees hired prior to January 1, 2008, 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 al l
courses — a minimum of nine semester units of college level classroom work, o r
City-approved equivalent, approved by the Chief of Police, provided that this benefi t
shall be payable only for classroom work done after completion of the probationar y
period .
2.The maximum benefit under this article is the equivalent to the one-step increase fo r
possession of one B .A . or equivalent degree (5 .26%).
3.Sworn and non-sworn employees are eligible to participate in the Tuitio n
Reimbursement program as set forth in City Policy .
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ARTICLE 1 5
UNIFORM ALLOWANCE
15 .1 Each employee required to wear a uniform is expected to purchase and maintain in goo d
repair all required uniform pieces .
15 .2 The uniform allowance shall be $1,000 per year, with $500 issued to the employee wit h
the first payroll period in June and $500 issued to the employee with the first payrol l
period in December . Effective January 2013 following the uniform allowance paymen t
that will occur the first payroll period in December 2012, the $1,000 per unit membe r
uniform allowance provision in its entirety shall be eliminated . New employees hire d
prior to December 1, 2012 will receive a prorated amount .
15 .3 Effective January 1, 2013, all represented employees shall no longer be eligible fo r
uniform allowance without regard to duty status interruption if in paid status, includin g
4850 Pay . Uniform allowance shall be reported to CaIPERS as special compensation .
Uniform allowance will not be pro-rated upon separation from employment .
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ARTICLE 1 6
HEALTH CARE INSURANC E
16 .1 CONTRIBUTIO N
The City shall contribute the monthly amounts as 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 Only
$533 .00
Employees Plus One
$968 .00
Family
$1,277 .0 0
The Cafeteria Plan amount is inclusive of mandatory dental, vision, and life coverage .
Effective December 2014 (for the January 2015 premium) the City's total Cafeteria Pla n
contribution shall be modified by an amount equal to one-half of the average percentag e
change for family coverage in the PERS health plans available in San Luis Obispo County .
For example : if three plans were available and the year-to-year changes were +10%, +15%,
and +20% respectively, the City's contribution would be increased by 7 .5% (10% + 15%+
20%+3 = 15%x 1/2).
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 . Employees
opting out of health coverage as provided for below, shall receive a contribution a s
described in Section 16 .2 .B below .
16 .2 INSURANCE COVERAG E
A .
PERS Health Benefit Progra m
The City has elected to participate in the PERS Health Benefit Program (Publi c
Employees' Medical and Hospital Care Act [PEMHCA]) with the "unequa l
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contribution option" at the PERS minimum contribution rates, $112 .00 per month
for active employees and $106 .40 for retirees as of January 1, 2012 . The City's
contribution toward retirees shall be increased by 5% per year of the City's
contribution for the active employees multiplied by the number of years the Cit y
has been in the PEMHCA program until such time as the contributions fo r
employees and retirees are equal . The City's contribution will come out of tha t
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 expen d
additional funds toward health insurance beyond what is already provided . I n
summary, this cost and any increases will be borne by the employees .
B.Health Insurance Coverage Optional Participatio n
Effective December 2012 (for the January 2013 premium) employees with proo f
of medical insurance elsewhere are not required to participate in the PERS Healt h
Benefit Program and may receive the unused portion of the City's Cafeteria Pla n
employee only contribution per month (after dental, vision, and life insurance i s
deducted) in cash in accordance with the City's Cafeteria Plan .
C.Dental and Vision Insurance/Dependent Coverag e
Employees will be required to participate in the City's dental and vision plans a t
the employee only rate . Should they elect to cover dependents in the City's denta l
and vision plans, they may do so, even if they do not have dependent coverag e
under PERS .
D.Long Term Disability Insurance (LTD )
Sworn employees are covered for Long Term Disability Insurance through th e
Association and are responsible for premium payments . Non-sworn employees
continue to be covered under the City's Long Term Disability Insurance Program .
E.Life Insuranc e
Employees shall pay for life insurance coverage of Thirty-five Thousand Dollar s
($35,000) through the cafeteria plan .
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16 .3 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTE E
The Association shall appoint one voting representative to serve on a Medical Pla n
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
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 th e
insurance plan 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 .
B .
Miscellaneou s
1.The actions of the Medical Plan Review Committee shall not preclude th e
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 of mee t
and confer requirements between the City and the Association, including
Resolution 6620 .
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 confe r
in good faith .
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4 . In performing its duties, the Medical Plan Review Committee may consul t
independent outside experts . The City shall pay any fees incurred for thi s
consultation, provided that the City has approved the consultation and fee s
in advance .
16 .4 HEALTH INSURANCE FOR UNIT MEMBER SURVIVOR S
The City shall maintain and pay for the existing level of health, dental and vision benefit s
for one (1) year for the surviving family of an active employee who dies as a result of a
job-related illness or injury .
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ARTICLE 1 7
RETIREMEN T
17 .1 A . 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 personne l
hired before December 6, 2012 . The 3% at age 50 plan includes the followin g
amendments, namely, Post Retirement Survivor Allowance, the 4 th level 1959 Survivor's
Benefit, military service credit, one-year final compensation, conversion of unused sic k
leave credit to additional retirement credit, and Pre-Retirement Optional Settlement 2
Death Benefit . The 2.7% at 55 plan has the following amendments, the 4`h level 195 9
Survivor's Benefit, one year final compensation, military service credit, conversion o f
unused sick leave credit to additional retirement credit, and Pre-Retirement Optiona l
Settlement 2 Death Benefit .
B.Effective December 6, 2012, or as soon as administratively possible subject t o
CaIPERS regulations and State Law, the City agrees to provide the Public Employee's
Retirement System's, 2% @ 50 Full Formula for Local Safety Members using th e
average of the three highest years as final compensation for all new hired swor n
personnel . The 2% @ 50 plan includes the following amendments, namely, Pos t
Retirement Survivor Allowance, the 4th level 1959 Survivors' Benefit, military servic e
credit, conversion of unused sick leave credit to additional retirement credit, and Pre -
Retirement Optional Settlement 2 Death Benefit .
C.Effective December 6, 2012, or as soon as administratively possible subject t o
Ca1PERS regulations and State Law, the City agrees to provide the Public Employees '
Retirement System's, 2 .0% @ 60 Full Formula for Local Miscellaneous Members wit h
the average of three (3) years compensation for all new hired non-sworn employees '
including the amendments permitting conversion of unused sick leave to additiona l
retirement credit, the 1959 survivor's benefit (4 th level), the Military Service Credi t
option, and the Pre-Retirement Option 2 Death Benefit .
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17 .2 A . 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 PER S
Contribution (8%). The 9% and the 8% were added to the employees' base salaries an d
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 .
B.Effective the first full pay period January 2014, and in accordance to the provisions o f
AB 340 § 7522 .30 and §20516, all sworn employees shall contribute 3 .0% of salar y
directed to the employers' normal pension cost in addition to the employee paying th e
employees' 9% of salary as described in paragraph A above ; as allowed under th e
Internal Revenue Code § 414 (h) (2) the contribution is made on a pre-tax basis . Al l
sworn employees total pension contributions shall be capped at 12 .0% of salary .
C.Effective the first full pay period January 2014, and in accordance to the provisions o f
AB 340 § 7522 .30 and § 20516, all non-sworn employees shall contribute 3 .0% of salary
directed to the employers' normal pension cost in addition to the employee paying th e
employees' 8% of salary as described in paragraph A above ; as allowed under th e
Internal Revenue Code § 414 (h) (2) the contribution is made on a pre-tax basis . All non -
sworn employees total pension contributions shall be capped at 11 .0% of salary .
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ARTICLE 1 8
SENIORIT Y
18 .1 Overall seniority in a specific job classification (i .e ., Police Officer, Communication s
Technician, Field Service Technician, Evidence Technician, Police Records Clerk, etc .)
will prevail as the standard . All days off, vacation, holidays, and shift selections will b e
determined by overall seniority in a specific job classification, in compliance wit h
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 choos e
from those shifts designated by the department as available .
18 .2 Seniority as it applies to special assignments for the officers will also fall under thi s
standard regardless of seniority in the special assignment . This shall include all curren t
incumbents in specialty assignments as outlined in Article 8 .
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ARTICLE 1 9
HOLIDAY S
19 .1 For all employees, holiday leave shall be accrued as earned each payroll period at a rat e
of eight hours per month . The following thirteen days of each year are designate d
holidays for non-shift employees :
January 1 — New Year's Da y
Third Monday in January – Martin Luther King's Birthda y
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 Da y
Second Monday in October – Columbus Da y
November 11— Veteran's Da y
Fourth Thursday in November — Thanksgiving Da y
Friday after Thanksgiving Da y
December 25 — Christma s
One-half day before Christma s
One-half day before New Year's
19 .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 .
19 .3 Except with the prior approval of the Chief, non-shift personnel shall take the holidays a s
scheduled above .
19 .4
Each employee shall earn 4 .33 hours of holiday leave semi-monthly, in lieu of fixe d
holidays . Such employees shall receive payment at straight time hourly rate for a portio n
of their earned holiday leave (2 .0 hours) each bi-weekly payroll period .
35
19 .5 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 holida y
leave may be taken off by the employee with the approval of the Police Chief or hi s
designee .
19 .6 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 off 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
employee at the straight time rate . If an employee terminates for any reason, havin g
taken off hours in excess of his/her prorated share, the value of the overage will b e
deducted from the employee's final paycheck .
36
ARTICLE 2 0
VACATIO N
20 .1 Full time employees shall accrue vacation leave with pay at the rate of 96 hours per yea r
of continuous service since the benefit date for the first five years, 120 hours per yea r
upon completion of five years, 144 hours per year upon completion of 10 years, and 16 0
hours upon completion of 20 years .
20 .2 All employees may accrue a maximum of vacation time not to exceed twice their annua l
rate .
20 .3 Vacation Sellbac k
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 . Payment for unused vacatio n
leave is subject to the availability of budgeted funds .
20 .4
Patrol Vacation Assignmen t
The master vacation schedule shall provide that two officers per watch shall be allowe d
to sign up for priority vacation . Officers shall only be required to sign up for regula r
workdays .
Two additional officers (a total of four) shall be allowed to sign up on the master vacatio n
schedule . The Department, under normal circumstances, dependent upon staffing leve l
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 vacatio n
days .
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ARTICLE 2 1
SICK LEAVE
21 .1 Sick leave is governed by Section 2 .36 .420 of the Municipal Code .
21 .2 Upon termination of employment by death or retirement, a percentage of the dollar valu e
of the employee's accumulated sick leave will be paid to the employee, or the designate d
beneficiary or beneficiaries, according to the following schedule :
A .
Death — 50 %
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 %
C .
Job related disability retirement and actual commencement of PERS benefits —
75% with maximum of 1,000 hours payoff .
D . Sick leave cannot be used to postpone the effective date of an industrial disabilit y
retirement . This provision is intended to reiterate past practice and to exercise th e
employer's rights under Government Code, Section 21163 .
E .
Employee use of sick leave shall be deemed confidential and not subject t o
reporting in monthly or annual personnel evaluations without proof of abuse .
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ARTICLE 2 2
FAMILY LEAV E
22 .1 An employee may take up to 48 hours of sick leave per year if required to be away fro m
the job to personally care for a member of his/her immediate family .
22 .2 An employee may take up to 48 hours of sick leave per year if the family member is a
part of the employee's household .
22 .3 If the family member is a child, a parent spouse or domestic partner, an employee may
use up to forty-eight (48) hours annually to tend to the illness of a child, parent, spouse o r
domestic partner, instead of the annual maximums set forth in paragraphs 22 .1 and 22 .2
in accordance with Labor Code Section 233 .
22 .4 An employee may take up to 56 hours of sick leave per year if the family member is par t
of the employee's household and is hospitalized . The employee shall submit writte n
verification of such hospitalization .
22 .5 The amounts shown above are annual maximums, not maximums per qualifying famil y
member. A member of the employee's immediate family shall mean spouse, domesti c
partner, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister ,
grandparent, grandchild or any other relative living in the same household .
22 .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 week s
of Family/Medical Leave within any 12 month period . Family/Medical leave can be use d
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 .
39
C.Placement of an employee's child for adoption or foster care .
D.A serious health condition, which makes the employee unable to perform th e
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 fo r
family leave purposes or personal illness, will be subtracted from the 12 weeks allowe d
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 .
22 .7 Employees on Family/Medical Leave will continue to receive the City's contributio n
towards the cost of health insurance premiums . However, employees who receive cas h
back under the City's flexible benefit Plan will not receive that cash during th e
Family/Medical Leave . The City will pay only City group health insurance premiums .
22 .8 If an employee does not return to work following Family/Medical Leave, the City ma y
collect the amount paid for health insurance by the City during the leave . There are tw o
exceptions to this rule .
A.The continuation of a serious health condition of the employee or a covere d
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 2 3
BEREAVEMENT LEAV E
At each employee's option, sick leave may be used for absence from duty due to the death of a
member of the employee's immediate family, meaning spouse, child, brother, sister, parent ,
parent-in-law, step-parent, step-brother, step-sister, grandparent, grandchild, or any other relativ e
living in the same household, provided such leave as defined in this Article shall not exceed 4 0
hours for each incident . The employee may be required to submit proof of relative's death befor e
being granted sick leave pay . False information given concerning the death of relationship shal l
be cause for discharge .
41
ARTICLE 2 4
CATASTROPHIC LEAV E
24 .1 Upon request of an employee and upon approval of the Chief of Police, leave credit s
(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 th e
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 o r
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, ha s
sustained a life threatening or debilitating illness, injury or condition (The Chie f
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 t o
a recipient's immediate family member, all allowed leave .
E.The recipient must be prevented from returning to work for at least 30 days an d
have applied for a leave of absence without pay for medical reasons . Thi s
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 fo r
Catastrophic Leave Program form .
24 .2 Transferring Tim e
The following rules apply when donations of time occur :
A.Vacation, compensatory time off, and holiday leave may be transferred by regula r
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
42
the recipient's leave time balance on an hour-for-hour basis and shall be paid a t
the rate of pay of the receiving employee .
C.The donations must be a minimum of four hours and, thereafter, in whole hou r
increments .
D.The total leave credits received by the employee shall normally not exceed thre e
months ; however, if approved by the Chief, the total leave credits received ma y
be up to a maximum of six months .
E.Recipients of family care leave will be allowed to use all hours received, up to th e
limits of this policy (see D . above), even though such use exceeds the limits fo r
family care leave found in Article 22 .
F.Donations approved shall be made on a Donation of Time Credits form signed b y
the donating employee . These donations are irrevocable under any conditions .
24 .3 Appeal Right s
If an employee is denied participation in the program by the Chief, he/she may appea l
this initial decision jointly to the Director of Human Resources and the City Manager .
Article 31—Grievance Procedure shall be used for final resolution .
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ARTICLE 2 5
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 Code Sectio n
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 2 6
JURY DUTY AND MILITARY LEAVE S
26 .1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury, an d
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 an d
his/her regular daily rate received from the City . The difference between the tim e
required to be spent on jury duty and the normal workday of the employee shall be spen t
performing the employee's regular job assignments unless the department head, upo n
approval of the Director of Human Resources, determines this not to be practical .
26 .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 .
45
ARTICLE 2 7
GENERAL PROVISION S
27 .1 Payday
Paychecks will be disbursed on a bi-weekly schedule . Payday will be every othe r
Thursday . This disbursement schedule is predicated upon normal working conditions an d
is subject to adjustment for cause beyond the City's control .
27 .2 Salary Survey Agencies
For the purposes of external comparisons the agencies to be used for review of
compensation shall be :
•Gilro y
•Montere y
•Nap a
•Petalum a
•Pleasanto n
•Salina s
•Santa Barbara
•Santa Cruz
•Santa Mari a
Parties agree that this survey shall be based on total compensation and shall only be on e
of the considerations used to determine compensation .
46
ARTICLE 2 8
RESIDENCY REQUIREMENT S
An officer's place of residence shall be within a one and one-half (I 'A) hour driving radius fro m
the San Luis Obispo Police Department .
47
ARTICLE 2 9
PROMOTIONAL POLIC Y
Promotions from Police Officer to Police Sergeant shall be subject to the following :
Job Announcement . When the Police Department notifies the Department of Huma n
Resources of a Sergeant position vacancy, the Department of Human Resources wil l
publish a job announcement . The job announcement will identify the selectio n
procedure, which includes the application process, test components with their weight s
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 Departmen t
of Human Resources by the filing deadline . The filing deadline will be at least 30 day s
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 .
I . A standardized Police Sergeants multiple-choice test as provided by a
testing service, such as Cooperative Personnel Services (CPS) o r
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 t o
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 th e
Department of Human Resources their own written test results so that th e
candidate may have the opportunity to improve in the future .
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4.The Chief or his/her designee will review the test before it is given t o
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 thes e
exercises will be a traditional oral board interview . Other exercises ma y
include a situational role-playing, oral resume, simulation exercises ; and a
supplemental questionnaire to assess written communication, critica l
thinking, problem solving and leadership skills, or other testin g
instruments as determined by the Human Resource Director i n
consultation with the Police Chief. The Human Resources Director shal l
determine the weight of each Assessment Center activity . In no case shal l
the oral interview count less than 60% of the total Assessment Cente r
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 Directo r
or his/her designee from the HR Department will be responsible fo r
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 a n
Association observer as appointed by the Association may monitor th e
Assessment Center . The Association observer must be a neutral, non-uni t
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 an d
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 t o
complete an anonymous evaluation of the testing procedure . This will be
used to make improvements on the process . The evaluation will not b e
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 a n
appointment . The staff evaluation will not be provided to the oral panel .
1.Past and present day performance is a significant factor, which should b e
considered when determining a candidate's promotability .
2.Each candidate who passes the written test will be evaluated by all swor n
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 sh e
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 b e
required to document the lack of familiarity on the evaluation form .
4.Staff evaluators will be able to review the three (3) most curren t
performance evaluations and documentation from the last 24 months o f
counseling sessions .
5.Staff evaluations are to be in writing on a form developed by the Directo r
of Human Resources and signed by the evaluator .
6.Each applicant's evaluation forms shall be available for review by th e
applicant . The applicant shall not have access to the other applicants '
evaluation forms .
7.Final scores will be tabulated by the Department of Human Resources .
Prior to the score tabulation, applicants will have the opportunity t o
request in writing that the Department of Human Resources correct an y
factual errors contained in the applicant's staff evaluation .
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D.Peer evaluation is not compulsory, is only advisory to the Chief of Police an d
does not count toward the final score .
1.Peer evaluation is limited to those candidates who pass the Assessmen t
Center .
2.All regular Department employees below the rank of Sergeant ma y
complete a peer evaluation on a form developed by the Director of Huma n
Resources .
3.Participants must verify their eligibility to participate in the peer revie w
process .
4.The results of the peer evaluation will be tabulated by the Department o f
Human Resources . All forms will be anonymously forwarded to the Chie f
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 Resource s
shall tabulate the scores .
B.Candidates will be ranked by total score . Candidates scoring below 70% will b e
ranked unqualified and not placed on the eligibility list . Each candidate will be
individually given his/her score in writing . Candidates who are ranked 1 throug h
3 (plus one for each additional vacancy if there is more than one vacant position )
will be considered equally qualified for promotion and eligible for appointmen t
by the Police Chief .
C.Final selection by the Police Chief will be in accordance with the City's Personne l
Rules and Regulations following a discussion of the staff evaluations at th e
Chiefs regularly scheduled staff meeting with sworn and non-sworn manager s
and a final selection interview with the top three candidates (plus one for eac h
additional vacancy over one).
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D.The eligibility list shall be valid for one year unless extended, in accordance wit h
the City's Personnel Rules and Regulations .
E.Announcements for promotional opportunities for members of the Associatio n
will list testing and scoring processes that will be followed . Once defined, testing
and scoring processes will not be modified .
If any of the top three candidates is not selected during the selection process, tha t
person will be given a written reason by the Police Chief as to why he/she was no t
selected . The City agrees to an opener to discuss the promotional process if th e
Police Chief goes below the top three (3) candidates in making his/her selectio n
on promotional exams two (2) or more times during the term of this contract .
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ARTICLE 3 0
PERFORMANCE EVALUATION S
30 .1 All regular full-time employees shall receive an annual written performance evaluatio n
from their supervisor within thirty (30) days of the employee's anniversary date absen t
exceptional circumstances . All regular full-time employees shall also receive bi-monthl y
written performance feedback from their supervisor .
30 .2 For purposes of uniformity in the performance evaluation process, the followin g
definitions are provided :
UNACCEPTABL E
Consistently fails to meet performance standards and objectives for the position .
Performance indicates serious lack of knowledge of basic skills or lack of application o f
skills . Requires immediate attention and improvement .
IMPROVEMENT NEEDE D
Performance is frequently less than expected of a competent employee for the position .
Performance indicates some deficiency in basic skill, knowledge or application . Specifi c
efforts to improve desired .
MEETS PERFORMANCE STANDARD S
Performance indicates competent and effective adherence to expected standards .
Performance indicates fully acceptable demonstration of knowledge and skills .
EXCEEDS PERFORMANCE STANDARD S
Performance consistently above standards for position . Performance indicates superio r
knowledge and application of skills .
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OUTSTANDIN G
Exceptional performance . Application of knowledge, skills and results are consistentl y
well beyond the expected standard for position .
30 .3 All regular full-time employees shall receive their annual step increase on the employee's
anniversary date regardless of whether the evaluation process has been completed, absen t
exceptional circumstances .
30 .4 Employees shall have the right to review their personnel file or authorize, in writing ,
review by their representative . No adverse material will be placed in an employee's
personnel file without prior notice and a copy given to the employee . An employee shal l
have 30 days within which to file a written response to any evaluation and/or advers e
comment entered in his/her personnel file . Such written response shall be attached to ,
and shall accompany, the adverse comment.
54
ARTICLE 3 1
GRIEVANCE PROCEDURE
31 .1 A grievance is defined as an alleged violation, misinterpretation or misapplication of th e
Employer-Employee Resolution, the Personnel Rules and Regulations, this MOA or any
existing written policy or procedure relating to wages, hours or other terms an d
conditions of employment excluding disciplinary matters . A grievance filed by a n
individual employee should be clearly identified as a formal grievance . This will b e
accomplished through the use of a formal grievance form (See Appendix B).
31 .2 Any employee may file and process a grievance by providing the time, place an d
circumstances of the action prompting the grievance . A formal grievance should be file d
only after the employee has attempted to resolve the disagreement with his/her immediat e
supervisor . As a courtesy, the employee should advise his/her supervisor of any intentio n
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 eac h
step of the process . If a specific action to be grieved affects several employees, thos e
employees may consolidate their grievances and be represented .
31 .3 Each grievance shall be handled in the following manner :
A.The employee who is dissatisfied with the response of the immediate superviso r
should discuss the grievance with the supervisor's immediate superior . If the matte r
can be resolved at that level to the satisfaction of the employee, the grievance shall b e
considered terminated .
B.If still dissatisfied, the employee may immediately submit the grievance in writing t o
the Chief for consideration, stating the facts on which it was based, including th e
provision of the rules, regulations, agreement, or written policy said to be violated ,
and the proposed remedy . This action must take place within fifteen business days o f
the occurrence of the grievance .
55
31 .4 After consideration of a formal grievance, which could include consultation and/o r
further discussion, the Chief, within 15 business days of the filing of the formal
grievance, will provide a written response to the employee representatives advising o f
his/her decision . If the employee accepts the Chiefs decision, the grievance shall b e
considered terminated .
31 .5 If the employee is dissatisfied with the Chief's decision, the employee may immediatel y
submit the grievance in writing to the Human Resources Director within five busines s
days of receiving the Chiefs decision . The Human Resources Director shall confer wit h
the employee and the Chief and any other interested parties, and shall conduct such other
investigations as may be advisable .
31 .6 The results or findings of such conferences and investigations shall be submitted to th e
City Manager in writing within fifteen business days of receiving the employee's writte n
request. The City Manager will meet with the employee if the employee so desire s
before rendering a decision with respect to the complaint . The City Manager's decisio n
shall be in writing and given to the employee within fifteen business days of receiving th e
Human Resources Director's results and findings . Such decision shall be final unless th e
employee requests an appeal of the decision .
31 .7 Hearing Officer — A grievance is appealable, following several preliminary steps, to a
Hearing Officer whose decision shall be final and binding :
A . The employee will have five business days following receipt of the Cit y
Manager's decision to submit a written request to the Human Resources Directo r
for review of the decision . The Human Resources Director will obtain a list o f
five potential hearing officers from the State Mediation and Conciliation Service .
Then following a random determination of which party (City or appellant) begins ,
parties shall alternately strike one name from the list until only one remains .
56
B.Within thirty business days the hearing officer shall review the record an d
conduct a hearing on the matter . Within ten business days the hearing office r
shall render a decision, which shall be final and binding .
C.Any dispute regarding the eligibility of an issue for the grievance process may b e
appealed through the process ultimately to the Hearing Officer who shall decid e
on the eligibility prior to ruling on the merits .
D.Any fees or expenses of the Hearing Officer shall be payable one-half by the Cit y
and one-half by the appellant .
31 .8 Provided that implementation processes are correctly followed, amending the Employer -
Employee Resolution or the Personnel Rules and Regulations or creating new o r
amended written policies or procedures may not be grieved but shall first be subject t o
notice and consultation or meeting and conferring with the Association as provided i n
the Employer—Employee Relations Resolution, MOA Article 35 "Notice to th e
Association", and/or by State Law .
31 .9 Disciplinary matters are excluded in Section 31 .1 . The rules governing disciplinary
matters for employees covered by this MOA are contained in Sections 2 .36 .320 through
2 .36 .350 of the Personnel Rules and Regulations of the City of San Luis Obispo .
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ARTICLE 3 2
LAYOFF S
32 .1 Layoffs shall be governed by job performance and seniority in service within th e
department and job classification . For the purpose of implementing this provision, jo b
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 recen t
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 i s
Outstanding .
Performance defined by this category is evidenced by an employee's two most recen t
performance evaluations with an overall rating that falls within the top three performanc e
categories of the performance appraisal .
32 .2 A regular employee being laid off shall be that employee with the least seniority in th e
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 b y
employees in Category II . Should the two performance evaluations contain overal l
ratings that are in the two different Categories as defined above, the third most recen t
evaluation overall rating shall be used to determine which performance category the City
shall use in determining order of layoffs .
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32 .3 The parties agree that employees who are laid off pursuant to this Article shall hav e
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 qualification s
as stated in the appropriate class specifications . Employees will be rehired on the basis o f
last out, first in .
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ARTICLE 3 3
WORK ACTION S
33 .1 Participation by an employee in a strike or a concerted work stoppage is unlawful an d
shall terminate the employment relation . Provided, however, that nothing herein shall b e
so construed as to affect the right of any employee to abandon or to resign hi s
employment .
33 .2 The Association shall not hinder, delay, interfere, or coerce employees of the City in thei r
peaceful performance of City services by strike, concerted work stoppage, cessation o f
work, slow-down, sit-down, stay-away, or unlawful picketing .
33 .3 In the event that there occurs any strike, concerted work stoppage, or any other form o f
interference with or limitation of the peaceful performance of City services prohibited b y
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 payrol l
deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and
withdraw recognition of the Association .
33 .4 Employee members of the Association shall not be locked out or prevented b y
management officials from performing their assigned duties when such employees ar e
willing and able to perform such duties in the customary manner and at a reasonable leve l
of efficiency .
33 .5 Any decision made under the provisions of this Article may be appealed to the Cit y
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 . Suc h
Notice of Appeal must be filed within 10 working days after the Association firs t
received notice of the decision upon which the complaint is based, or it will b e
considered closed and not subject to any other appeal .
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ARTICLE 3 4
COMMUNICATION PROCES S
34 .1 Conference s
There will be meetings as needed between the Chief of Police and managemen t
member(s) and at least two Association representatives to discuss problems or othe r
subjects of mutual interest . Minutes of the meeting will be maintained to reflect topic s
discussed, actions to be taken, the party responsible for any action and the expecte d
completion date .
34 .2 Quarterly Meeting s
Two to four representatives of the Association, the City Manager (or designee), Chief o f
Police (or designee), and management representative(s) designated by the City will mee t
quarterly if there are issues of concern to the parties . No issues will be brought to thi s
quarterly meeting without first having been discussed with the Chief of Police at a
previous conference .
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ARTICLE 3 5
NOTICE TO THE ASSOCIATIO N
Prior to making changes directly and primarily relating to matters within the scope o f
representation, the City shall give the Association advance notice and the opportunity to mee t
and confer with City representatives prior to making the change(s).
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ARTICLE 3 6
EQUIPMENT
A.The City agrees to provide each sworn employee of the Association a nylon basket weav e
duty gun belt as their primary duty gun belt . Upon request, the City also agrees t o
provide each sworn employee of the Association a smooth nylon utility belt and relate d
accessories . The smooth nylon utility belt will only be worn as directed by the Chief o f
Police . The nylon basket weave duty gun belt and nylon smooth utility belt will becom e
the property of the employee and the employee agrees to maintain these pieces o f
equipment .
The smooth nylon 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 th e
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 othe r
accessories will be the responsibility of the employee .
B.All appropriate classifications shall be issued A-Level IIIA Ballistic Helmet with riot fac e
shield fixed .
C.All appropriate classification shall be issued a chemical protective breathing mask fitte d
with belt mounted carrying bag . All protective masks shall be in compliance with
CaIOSHA minimum standards including employee training .
D.Non-sworn employees not subject to assignments necessitating helmets/chemical mask s
will not have them issued .
E.All appropriate classifications shall be issued a Stream Light model SL—20 or
technologically similar rechargeable flashlight with 12V/120V charging systems .
F .
Each marked police unit assigned to unit members shall be equipped with :
1 . A Patrol rifle fitted with a hands free assault sling and stock mounted weapon light .
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2.A 12-guage pump shotgun fitted with an extended magazine, hands-free assault slin g
and stock-mounted weapon light ; and
3.A 12-guage pump shotgun designated "less lethal" fitted with a hands-free assaul t
sling and stock-mounted weapon light .
Notwithstanding the above, the City retains the right to select the specific equipmen t
necessary to fulfill its obligation to provide necessary and appropriate safety equipment .
G . All department owned firearms are to be subject to annual inspection by a certifie d
department armorer or independent Gun Smith . The certified department armorer o r
independent Gun Smith shall provide an inspection report for each firearm inspected .
Firearms with noted defects, wear and tear, or questionable serviceability shall b e
replaced and not returned to service .
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ARTICLE 3 7
TEMPORARY MODIFIED DUT Y
The City and the Association have met and conferred on a modified duty/return to work policy ,
which is established by mutual agreement as Police Department Operations Directive L-02 ,
dated May 12, 1999 .
65
ARTICLE 3 8
WORK SCHEDULE S
38 .1
Patrol 3/12 Work Pla n
A.In an effort to improve scheduling, the Chief of Police implemented a 3/12 Wor k
Hour Plan .
B.The basic work pattern for sworn officers on patrol shall be three 12-hour day s
each week, plus assigned pay back . Employees will normally be assigned to wor k
160 hours in a 28-day work cycle . In addition employees who attend shall b e
compensated for briefing time .
C.If an employee does not work the full 160 hours in a 28-day work cycle, the Cit y
shall deduct the unworked hours from an employee's accrued holiday or vacatio n
balances, unless the unworked hours result for reasons of excused paid absence o r
because the City did not assign a pay-back shift .
38 .2
Shift Adjustment
Management and the POA reaffirm that scheduling is a managemen t
responsibility . However in the matter of shift adjustment policies, it is agreed that
the following guidelines will be followed :
A.In any situation necessitating a shift adjustment, volunteers will first be
sought.
B.Shift adjustments will not be for more than two hours .
C.Shift adjustments for special units or assignments are not covered by thi s
guideline and remain the discretion of the Unit Supervisor or Burea u
Commander .
D.Whenever volunteers cannot be located, Officers assigned will be chose n
sequentially by seniority .
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E.Generally, no more than two Officers per shift should be ordered to adjus t
unless a specific event necessitates it .
F.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 .
G.An Officer authorized to shift adjust will not suffer loss of briefing pay o r
other normal benefit .
H.Officers will be given at least ten hours between shifts for ordered non -
emergency shift adjustments .
I.Shift adjustments will not be ordered to deal with court or shift continuatio n
unless it is necessary to insure the Officer has adequate rest . If court o r
another assignment prevents an Officer from getting proper rest betwee n
shifts, the Officer and the Watch Commander may arrange a shift adjustmen t
to meet this need . With approval, the Officer could opt to use adjusted cour t
time towards normal work hours instead of overtime, or to adjust shift star t
time up to four hours . In cases where the Watch Commander determines an
adjustment is warranted but does not have sufficient manpower, s/he i s
authorized to bring in a replacement (on O/T) for up to four hours .
J.Shift adjustments will not be limited by day or time except as articulate d
above .
K.It is noted that either party may reopen these issues at the time of contrac t
renewal .
38 .3 Communications Technician 3/12 Work Schedul e
SHIFT ASSIGNMENTS :
A.Work shift assignments will consist of Day Watch and Day Watch relief, 070 0
hours-1900 hours, Night Watch and Night Watch relief, 1900 hours-070 0
hours (with the exception of shift adjustments as defined in Section VI).
B.The work period is defined as eighty (80) hours during a fourteen (14) da y
period . The eighty hour work period shall consist of a total of six (6) twelv e
(12) hour shifts with one eight (8) hour payback shift . A work week i s
defined as three (3) twelve (12) hour shifts with one eight (8) hour paybac k
shift attached during the fourteen (14) day work period . Days off shall be i n
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conjunction with the employee work week and not split unless there is consent
by the employee . Example : Week one, M, T, W, week two, M, T, W, TH (8
Hour Payback .)
C.Paybacks shall be scheduled for eight (8) hours during the employee's norma l
work hours in conjunction with workdays by seniority .
D.Every employee shall sign up for a relief shift before another employee i s
assigned to work a second relief shift .
1.The day watch relief will be assigned to cover absences fo r
Communications Technicians on day watch and the night watch relief wil l
be assigned to cover absences for Communications Technicians on nigh t
watch . Relief will only be assigned to cover the opposite shift by seniorit y
(e .g . day covers for night) when staffing vacancies exist or whe n
necessitated by special events or circumstances (e .g . Mardi Gras).
Permanent and temporary shift vacancies may be staffed by reassignmen t
of the relief shift with seven (7) days prior notice or by voluntar y
agreement .
2.Relief will not be scheduled to work a shift in the middle of days off .
Example : Week one, M, T, W, off, F, off, off .
3.Relief will have at least two (2) days off in between work weeks .
Example : M, T, W, T, off, off, S, M, T .
4.Communications Technicians assigned to relief dispatch work schedule s
shall be compensated for hardship duties by receiving five (5%) percen t
additional salary while assigned .
II .
SHIFT SIGN UP :
A.The Communications Manager will post the annual shift and leave sign u p
schedule by September 15 `h each year for the following year . Communicatio n
Technicians sign up for shift selection, selected days off, vacation ,
compensatory time off (CTO) and holiday time .
B.Employees will sign up by seniority for their choice of shifts, payback hours ,
and leave hours for each of the three annual rotations . Shift selection will be
by seniority, including relief shift .
C.Employees shall have three days (72 hrs) from the date of receipt of th e
schedule to make their selection for work shifts, days off and annual vacatio n
accrual . Employees are entitled to sign up for the total of their annual accrua l
of vacation time utilizing coding "V".
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1 . Communications Technicians will sign-up for "V" days with th e
expectation that the center is fully staffed and the relief from that watch i s
available to cover . Communication Technicians may not sign up for
vacation time during the initial sign-up if it will incur overtime . First draft
vacation requests shall be approved with mandatory overtime in the even t
of unit vacancies after the master schedule is completed .
D . Once all unit employees have had the opportunity to sign up for thei r
maximum accrual of vacation time, they shall be entitled to again sign up b y
seniority for all accrued compensatory time off (CTO), holiday hours an d
previously unselected leave time they will have accumulated by the dat e
requested . Compensatory time off shall be coded "CTO", holiday leave an d
all other previously unselected leave time shall be coded "H".
1.Second draft CTO, holiday and previously unselected leave time may b e
granted and overtime considered for unit vacancies . Overtime will b e
posted to accommodate such leave requests . Should the overtime remai n
unfilled, the requested leave time shall be cancelled .
2.In the event that scheduled CTO time is cancelled, the affected employe e
shall be paid for the CTO hours scheduled, work the shift and b e
compensated with overtime as defined in Section 11 .3 .
E . The Communications and Records Manager shall approve leave time b y
seniority and post same on the electronic schedule by the start of eac h
rotation.
F . Employees generally will not be allowed to work more than two consecutiv e
shift assignments without rotation to an alternate shift . The Communication s
and Records Manager may consider requests to work more than tw o
consecutive rotations for hardship and educational purposes . In no case will a
senior employee be adjusted from shift preference without their consent t o
mitigate requested hardship or educational requests .
1 . Any request for a change or deviation between employees (i .e . shift
rotation trade) must be submitted in memo form signed by both affecte d
employees within one week of posting the tentative schedule . Request s
will be forwarded through the chain-of-command for a final decision b y
the Bureau Commander or designee . If approved, affected employees wil l
also trade seniority for selection of days off . For scheduling purposes, th e
shift change will affect only the two employees involved . Affected
employees will receive credit for the shift they signed up for .
III .SHIFT REASSIGNMENT CREATED BY UNDER STAFFING :
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A.If an employee is reassigned to a long term vacancy and the absent employe e
returns to duty, both employees shall return to their originally selected shift.
B.In the event of a staffing vacancy the reassigned employee who wa s
reassigned shall have the option of returning to their originally selected shift
or remaining for the duration of the designated shift once the vacancy is filled .
C.In the event an employee is reassigned from a selected shift to a designate d
shift, the employee may elect to receive work credit for either shift to mee t
rotation requirements .
IV.SHIFT TRADE :
A . All requests for shift trades between employees shall be submitted utilizin g
the Substitute Work Agreement form . Requests will be approved by a Burea u
Commander or designee .
V.LEAVETIME CANCELLATION :
A . In the event an employee opts to cancel scheduled time off, they will by emai l
notify the Communication and Records Manager . The Communication an d
Records Manager will by email, notify all unit members of the availabl e
cancelled leave time . By seniority, employees junior to the employe e
canceling leave time may request time off utilizing the cancelled dates . If the
cancelled time was priority signup, the department shall grant such time of f
with the same consideration as originally scheduled as outlined in II . C ., a s
long as the employee has the vacation time and does not exceed their annua l
allotment . If the cancelled leave time was secondary signup, the overtim e
consideration articulated in II . D . shall be applied .
VI.SHIFT ADJUSTMENTS :
A . Shift adjustments on a regular scheduled day required to staff Communicatio n
Technician vacancies or sick leave will not exceed four (4) hours without th e
consent of the affected employee . When shift adjustments are required, ther e
shall be a minimum of ten (10) hours between shifts without loss o f
compensation .
B In any situation necessitating a shift adjustment, volunteers will first b e
sought . Whenever volunteers cannot be located, employees will be chose n
sequentially by seniority .
I . At least fourteen (14) days notice will be given on planned leave .
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2 . An employee authorized to shift adjust will not suffer loss of briefing pa y
or other normal benefit .
C.The Communication and Records Manager and/or Supervisors shall notif y
employees via email of all changes made to their work schedule at the tim e
said change is made .
VII .MEAL AND REST PERIODS :
A . Meal periods shall consist of not less than thirty (30) minutes paid subject to
interruption, as staffing permits . Two fifteen (15) minute rest periods (breaks )
shall be provided, as staffing permits . Breaks may be taken using an y
combination of the total time allowed . Meal and rest periods (breaks) ar e
subject to interruption and must be taken within the building.
38 .4 Field Service Technicians assigned primarily to field duties will receive a 30-minute pai d
lunch break as part of their regular shift as staffing and calls permit . They will remai n
subject to call and interruption during their lunch period .
38 .5 Investigations— Division Work Schedul e
A.Investigators may participate in a 4/10 work schedule in accordance with th e
City's alternate work schedule policy . The schedule will include a 30 minut e
unpaid lunch . If investigators are called back to work during the lunch period, th e
time will be considered time worked .
B.The Investigative Lieutenant will determine the work days and hours for thos e
employees who work the 4/10 schedule based on the coverage needs of the entir e
unit . The schedule may include shifts beginning at 6 :45 a .m . with attendance at
patrol briefings . Investigators who attend patrol or other daily briefings shall d o
so as part of their regular shift hours .
38 .6
Other division/assignments may be provided alternate work schedules under th e
following language :
71
Employees may request that the Department Head or his/her designee consider alternat e
work schedules . Examples of alternate work schedules include 4/10 schedules, 9/8 0
schedules, I2-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 leas t
thirty calendar days prior to having an alternate work schedule discontinued . Such notic e
does not apply to moving between alternate schedules, temporary schedule changes ,
flexible schedules, etc . If an alternate schedule is discontinued, the Department wil l
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 misse d
due to a flexible schedule .
Flexible/alternate schedules implemented for non-sworn employee(s) may have a
different FLSA seven (7) day work cycle established . Once established, the FLSA wor k
schedule shall not be changed on a frequent or routine basis .
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ARTICLE 3 9
SWA T
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 .
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ARTICLE 40
TRAUMATIC INCIDENT S
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 t o
representation .
74
ARTICLE 4 1
NO DISCRIMINATIO N
41 .1 There shall be no discrimination by the City of San Luis Obispo in employmen t
conditions or treatment of employees on the basis of race, color, religion, national origin ,
sex, sexual orientation, age, marital status, physical or mental disability, associatio n
membership or non-membership, or participation in the activities of the Association .
41 .2 There shall be no discrimination by the San Luis Obispo Police Officers Association i n
treatment of employees on the basis of race, color, religion, national origin, sex, sexua l
orientation, age, marital status, physical or mental disability, Association membership o r
non-membership, or participation in the activities of the Association .
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ARTICLE 4 2
STAFFIN G
The current number of positions in the Police Department represented by the Association i s
Forty-Three (43) Police Officers, Ten (10) Communication Technicians, One (1) Field Servic e
Technicians, Five (5) Police Records Clerks, One (1) Property and Evidence Clerk, and One (1 )
Evidence Technician . If it becomes necessary for the City to exercise its management right to
change those staffing levels, the City acknowledges its responsibility to meet and confer with th e
Association on the impacts of any such changes .
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ARTICLE 4 3
FULL AGREEMEN T
It is understood this Agreement represents a complete and final understanding on all negotiabl e
issues between the City and the Association . This Agreement supersedes all previou s
Memoranda of Understanding or Memoranda of Agreement between the City and th e
Association except as specifically referred to in this Agreement . The parties, for the term of thi s
Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respec t
to any practice, subject or matter not specifically referred to or covered in this Agreement eve n
though such practice, subject or matter may not have been within the knowledge of the parties a t
the time this Agreement was negotiated and signed . In the event any new practice or subjec t
matter 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 .
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ARTICLE 44
SAVINGS CLAUS E
If any provision of this Agreement should be held invalid by operation of law or by any court o f
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, and th e
parties shall enter into a meet and confer session for the sole purpose of arriving at a mutuall y
satisfactory replacement for such provision within a 30 day work period . If no agreement ha s
been reached, the parties agree to invoke the provision of impasse under Resolution 6620 .
78
ARTICLE 4 5
RENEGOTIATION S
If either party wishes to make changes to this Agreement, that party shall serve upon the other it s
written request to negotiate . Such notice and proposals must be submitted to the other party no t
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 .
79
ARTICLE 46
TERM OF AGREEMEN T
This Agreement shall become effective January 1, 2012, and shall continue in full force an d
effect until expiration at midnight, December 31, 2015 .
SIGNATURE S
1.Classifications covered by this Agreement and included within this unit are shown i n
Appendix "A".
2.This Agreement does not apply to temporary employees . This Agreement was executed by
the following parties :
SAN LUIS OBISP O
POLICE OFFICERS' ASSOCIATION
Ma Blackstone, SLOPOA Presiden t
Negotiator
CYyrfith,Negotiator
Chad Pfarr, Negotiato r
Barbara Sims, Negotiato r
CITY OF SAN LUIS OBISP O
1\6)itiltlg '6440
Monica Irons, Human Resources Directo r
urces
80
APPENDIXA
CLASSIFICATIO N
Non-Sworn
Communications Technicia n
Evidence Technician
Field Service Technicia n
Police Cadet
Police Records Cler k
Property and Evidence Cler k
Sworn
Police Office r
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CITY OF SAN LUIS OBISPO PAGE O R
FORMAL GRIEVANC E
INSTRUCTIONS :Grievance must be filed within 15 business days of the occurrence . First discuss wit h
your Immediate Supervisor, then with your Supervisor's Superior . If not resolved, complete this form an d
distribute in accordance with departmental procedures .
Grievant's Name (PLEASE PRINT OR TYPE)Class Titl e
Has this grievance been discussed with your Immediate Supervisor?Date of Discussio n
Name of Immediate Supervisor Titl e
Has this grievance been discussed with your Supervisor's Superior?Date of Discussio n
Name of your Supervisor's Superior Titl e
1 .What is the action or situation about which you have a grievance ?
(Be specific, give : date, time, location, and witnesses .)
2 .What do you think should be done about it ?
3 .What was your Supervisor's response ?
What provision of the Rules, Regulations, or Agreement was violated ?
Article of MOA Department Rule Date of Grievable Inciden t
What other person do you want notified of any hearings held or actions taken on this grievance ?
Name :Mailing Address :
His/her role in grievance :
Grievant's Signature :Date :
Received by :Date :
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CITY OF SAN LUIS OBISPO
GRIEVANCE APPEA L
INSTRUCTIONS :Appeal to the City Manager must be filed within five (5) business days of receipt of th e
Chief of Police's decision . Appeal to the Hearing Officer must be filed within five (5) business days o f
receipt of the decision of the City Manager. Complete form and distribute in accordance wit h
departmental procedures .
Grievant's Name (PLEASE PRINT O R
TYPE)
Class Title Date of Grievance Initiatio n
I wish to appeal the Grievance Response signed by :
Name :Title :Date :
Level to which grievance is being appealed : (CHECK ONE )
q City Manager via Personnel Director q Hearing Office r
Reason for Appeal :
Grievant's Signature :Date :
Received by :Date :
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