HomeMy WebLinkAboutR-11028 adopting and ratifying the MOA between the City and the Police Staff Officers Association 07012019 to 06302023RESOLUTION NO. 11028 (2019 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS'
ASSOCIATION FOR THE PERIOD OF JULY 1, 2019 TO JUNE 30, 2023
WHEREAS, the San Luis Obispo Police Staff Officers' Association (SLOPSOA) is
committed to providing high quality service to the community; and
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City's adopted Compensation
Philosophy while also considering the long-term fiscal sustainability of changes in compensation;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
SLOPSOA, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby
adopted and ratified.
SECTION 2. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes.
R 11028
Resolution No. 11028 (2019 Series)
Page 2
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed
Memorandum of Agreement approved by it to Aaron Schafer, SLOPSOA President, and Monica
Irons, Director of Human Resources.
On motion of Vice Mayor Pease, seconded by Council Member Gomez, and on the following vote:
AYES: Council Members Christianson, Gomez, and Stewart,
Vice Mayor Pease and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 2nd day of Jul,
ATTEST:
Teresa Purrington
City Clerk
APPROVED A
J. ristine Dietrick
ity Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this day of 12019.
a' "�U SW " � � -ICAX
Teresa Purrington
City Clerk
R 11028
Exhibit “A”
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
Table of Contents
ARTICLE 1 - PARTIES TO AGREEMENT ................................................................... 1
ARTICLE 2 - RECOGNITION ....................................................................................... 2
ARTICLE 3 - CHECK OFF/DUES DEDUCTION .......................................................... 3
ARTICLE 4 - EMPLOYEE RIGHTS .............................................................................. 4
ARTICLE 5 - MANAGEMENT RIGHTS ........................................................................ 5
ARTICLE 6 - REPRESENTATIVE ROLE ..................................................................... 6
ARTICLE 7 - RENEGOTIATIONS ................................................................................ 7
ARTICLE 8 - SALARY .................................................................................................. 8
ARTICLE 9 - OVERTIME ............................................................................................ 11
ARTICLE 10 - WORK OUT-OF-GRADE AND TEMPORARY ASSIGNMENT PAY ... 21
ARTICLE 11 - EDUCATION INCENTIVE ................................................................... 23
ARTICLE 12 - PAYDAY .............................................................................................. 25
ARTICLE 13 - GENERAL PROVISIONS .................................................................... 26
ARTICLE 14 - HEALTH CARE INSURANCE ............................................................. 27
ARTICLE 15 - RETIREMENT ..................................................................................... 33
ARTICLE 16 - UNIFORM ALLOWANCE .................................................................... 36
ARTICLE 17 - HOLIDAYS .......................................................................................... 37
ARTICLE 18 - VACATION LEAVE .............................................................................. 39
ARTICLE 19 - ADMINISTRATIVE LEAVE .................................................................. 41
ARTICLE 20 - SICK LEAVE ........................................................................................ 43
ARTICLE 21 - FAMILY LEAVE ................................................................................... 44
ARTICLE 22 - BEREAVEMENT LEAVE ..................................................................... 47
ARTICLE 23 - CATASTROPHIC LEAVE .................................................................... 48
ARTICLE 24 - WORKERS' COMPENSATION LEAVE ............................................... 49
ARTICLE 25 - JURY DUTY AND MILITARY LEAVES ............................................... 50
ARTICLE 26 - GRIEVANCE PROCEDURE ............................................................... 51
ARTICLE 27 - DISCIPLINARY ACTION ..................................................................... 54
ARTICLE 28 - IMPASSE PROCEDURE ..................................................................... 55
ARTICLE 29 - SWAT TEAM MEMBERS .................................................................... 58
ARTICLE 30 - FULL AGREEMENT ............................................................................ 59
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
ARTICLE 31 - SAVINGS CLAUSE ............................................................................. 60
ARTICLE 32 - TERM OF AGREEMENT ..................................................................... 61
ARTICLE 33 - AUTHORIZED AGENTS ..................................................................... 62
ARTICLE 34 - SIGNATURES ..................................................................................... 63
APPENDIX A – SALARY RANGE LISTING ............................................................... 64
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
1
ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into this, 2nd day of July 2019, by and between
the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo
Police Staff Officers' Association, hereinafter referred to as the Association.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
2
ARTICLE 2 - RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620
(1989 Series), the City hereby recognizes the San Luis Obispo Police Staff Officers
Association as the exclusive bargaining representative for purposes of representing
regular and probationary employees occupying the position classifications of Police
Sergeant, Police Lieutenant, Police Captain, Communications Supervisor, Police
Records Supervisor, and Communications Manager for the duration of this Agreement.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
3
ARTICLE 3 - CHECK OFF/DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the
Association on a semi-monthly basis for the duration of this Agreement, which
dues shall not include assessments.
3.2 Monthly dues deduction, additions, and/or deletions shall be recorded by the
City's Finance Director and a notification of all due’s transactions shall be sent
semi-monthly to the Association President. The Association shall refund to the
City any amount paid to the Association in error, upon presentation of supporting
evidence.
3.3 The Association shall hold the City harmless from any and all claims and will
indemnify it against any unusual costs in implementing these provisions.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
4
ARTICLE 4 - EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities
of employee organizations of their own choosing for the purpose of representation on
all matters of employer-employee relations including, but not limited to, wages, hours
and other terms and conditions of employment. Employees of the City also shall have
the right to refuse to join or participate in the activities of employee organizations and
shall have the right to represent themselves individually in their employment relations
with the City. No employee shall be interfered with, intimidated, restrained, coerced or
discriminated against because of the exercise of these rights.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
5
ARTICLE 5 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of
service; determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action; relieve its employees from
duty because of lack of work or for other legitimate reasons; maintain the efficiency of
government operations; determine the methods, means and personnel by which
government operations are to be conducted; determine the content of the job
classifications; take all necessary actions to carry out its mission in emergencies; and
exercise complete control and discretion over its organization and the technology for
performing its work.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
6
ARTICLE 6 - REPRESENTATIVE ROLE
Members of the Association may, by a reasonable method, select not more than five
employee members to meet and confer with the Municipal Employee Relations Officer
and other management officials (after written certification of such selection is provided
by the Association) on subjects within the scope of representation during regular duty
or work hours without loss of compensation or other benefits. The Association shall,
whenever practicable, submit the name(s) of each employee representative to the
Municipal Employee Relations Officer at least two working days in advance of such
meetings. Provided further:
(1) That no employee representative shall leave his or her duty or workstation
or assignment without specific approval of the Police Chief or other
authorized City management officials. If employee representatives cannot
be released, the date of the meeting will be rescheduled in accordance with
item (2) below.
(2) That any such meeting is subject to scheduling by City management
consistent with operating needs and work schedules. Nothing provided
herein, however, shall limit or restrict City management from scheduling
such meetings before or after regular duty or work hours.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
7
ARTICLE 7 - RENEGOTIATIONS
If at the expiration of the term of this Agreement, either party wishes to make changes
to this Agreement, that party shall serve upon the other its written request to negotiate,
as well as its initial proposals for an amended Agreement. Such notice and proposals
must be submitted to the other party between 15 April and 1 May 2023. If notice is
properly and timely given, negotiations shall commence no later than 15 May.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
8
ARTICLE 8 - SALARY
8.1 Salary Provision for the Term of Agreement
The City strives to maintain a reasonable difference in compensation between top step
police staff officers’ classifications and top step of the classifications supervised. The
difference between top steps of these classifications is targeted at a minimum of 15%.
If during the term of this contract the differentiation goes below the 15% target, the City
agrees to re-open negotiations on this topic.
The parties agree to salary increases as set forth below to be effective on the first day
of the first full payroll period in the month listed below:
July 2019 2% All Classifications
July 2020 2% All Classifications
July 2021 3% All Classifications
July 2022 3% All Classifications
The salary ranges for the term of this agreement are listed in Appendix A.
8.2 Rules Governing Step Increases:
The following rules shall govern step increases for employees:
1. Each salary range consists of six steps (1 through 6). Steps 1 through 5 equal
95% of the next highest step, computed to the nearest one dollar.
Step 5 = 95% of Step 6
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
9
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across-the-board percentage salary increase shall raise step 6 of the respective
range by that percentage. After all step 6's of salary ranges have been established,
each step 6 shall be rounded off to the nearest $1.00 and the remaining steps
established in accordance with the above formula.
2. The time in step progression for employees with satisfactory performance will
be as follows:
1 year at Step 1
1 year at Step 2
1 year at Step 3
1 year at Step 4
1 year at Step 5
3. Employees who are eligible for advancement to step 5 or 6 must receive a
"Meets Performance Standards" or better on the overall rating on their most
recent Performance Appraisal prior to or coincident with their being eligible for
advancement by time in grade.
4. The Police Chief shall be authorized to reevaluate employees who reach Step
6 in their pay range. An employee who is not performing up to standard for the
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
10
sixth step shall be notified in writing that the Police Chief intends to reduce
him/her one step unless his/her job performance improves significantly within a
60-day period. Unless the employee's job performance improves to an
acceptable level by the end of 60 days, the pay reduction shall then become
effective. The sixth step may be reinstated at any time upon recommendation
of the Police Chief. If the Police Chief deems it necessary to again remove the
sixth step during the same fiscal year, he/she may make the change at any time
with three business days' advanced written notice.
5. The following lump-sum, taxable payments are provided to recognize the quick
resolution to a successor MOA achieving the City’s Fiscal Health Response
Plan objectives and assist in retaining employees during the term of the
agreement. These payments will be made in a separate physical paper check
to all members employed by the City on the effective date of the payments that
are to be effective on the first full pay period following the dates listed below:
Upon Council Adoption $3,000
June 2021 $3,000
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
11
ARTICLE 9 - OVERTIME
SWORN OVERTIME - POLICE SERGEANTS ONLY
9.1 SWORN OVERTIME DEFINITION
A. City or contract overtime is defined as all hours worked in excess of 160 hours
worked in the employee's 28-day work period. Vacation, holidays, sick leave,
IOD, and compensatory time off shall be considered hours worked when
computing overtime. Earned overtime is paid to the employee each pay day.
Sergeants shall be eligible for overtime pay.
9.2 FLSA/STATUTORY OVERTIME
A. In accordance with section 207(k) of the Fair Labor Standards Act (FLSA), the
City has declared a twenty-eight-day work period for the purpose of calculating
FLSA overtime. The FLSA work period is deemed to commence at 12:01 AM
on the first day of the 28-day period and end at 11:59 PM on the 28th day of the
28-day work period and the FLSA overtime threshold for the work period is 171
hours. This declaration is separate and apart from the City’s contractual
overtime obligations set forth in section 9.1 above.
B. For the purpose of complying with the FLSA overtime requirements, the City
has adopted a dual calculation method whereby it calculates FLSA overtime in
accordance with the requirements of FLSA regular rate and more specifically,
29 CFR section 778.109 and 778.110. This requires the payment of FLSA
overtime for all hours actually worked by non-exempt sworn personnel in excess
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
12
of 171 in the 28-day work period. To the extent the City’s dual calculation
method determines that FLSA overtime owed for the 28-day work period
exceeds the amount of contract overtime earned and paid each pay day that
falls within the same work period, the difference will be paid to the employee by
way of an “FLSA Adjustment” in the following City pay period.
9.3 COMPENSATION
A. Overtime hours shall, at the employee's option, be compensated in cash at time
and one half the employee's regular rate of pay or in time off compensated at
time and one half. However, no employee shall accumulate and have current
credit for more than 100 hours of compensatory time off.
9.4 SHIFT ADJUSTMENT
In the matter of shift adjustments, it is agreed that the following guidelines will be
followed:
In any situation necessitating a shift adjustment, volunteers will first be sought.
Shift adjustments will not be for more than two hours.
Shift adjustments for special units or assignments are not covered by this
guideline and remain the discretion of the Unit Supervisor or Bureau
Commander.
Whenever volunteers cannot be located, Sergeants assigned will be chosen
sequentially by seniority.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
13
Generally, no more than two Sergeants per shift should be ordered to adjust
unless a specific event necessitates it.
At least 14 days’ notice will normally be given, but in no event will less than
seven days’ notice be given, for an ordered shift adjustment.
A Sergeant authorized to shift adjust will not suffer loss of briefing pay or other
normal benefit.
Sergeants will be given at least ten hours between shifts for ordered non-
emergency shift adjustments.
Shift adjustments will not be ordered to deal with court or shift continuation
unless it is necessary to ensure the Sergeant has adequate rest. If court or
another assignment prevents a Sergeant from getting proper rest between
shifts, the Sergeant and the Watch Commander may arrange a shift adjustment
to meet this need. With approval, the Sergeant could opt to use adjusted court
time towards normal work hours instead of overtime, or to adjust shift start time
up to four hours. In cases where the Watch Commander determines an
adjustment is warranted but does not have sufficient staffing, s/he is authorized
to bring in a replacement (on overtime) for up to four hours.
Shift adjustments will not be limited by day or time except as articulated above.
9.5 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
14
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
9.6 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled
shift shall be guaranteed three-hour minimum payment at time and one half.
Unanticipated emergency call-backs (criminal investigations, emergency evacuations,
natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.
9.7 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall
be credited with time worked.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. Employees placed on standby in anticipation of reporting for court time shall be
compensated three hours straight time when on standby. Each calendar day
starts a new standby period.
E. Standby is that circumstance which requires an employee assigned by the
department to: 1) be ready to respond immediately to a call for service; 2) be
readily available at all hours by telephone or other agreed upon communication
equipment; and 3) refrain from activities which might impair his/her assigned
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
15
duties upon call. The parties agree that employees on standby, as defined
above, are "waiting to be engaged."
9.8 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing, and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
9.9 INVESTIGATOR STANDBY
When operationally necessary, Sergeants of investigations and SET can cover
investigator standby and be compensated $45 per day Monday through Friday, and
$65 per day for the other days of standby and holidays. Sergeants assigned to
investigator standby must adhere to standby provisions outlined in Section 9.7.E.
9.10 RANGE QUALIFICATION
A. Sworn personnel shall be guaranteed two hours at time and one half when
participating in range qualification training when off duty.
B. Each sworn employee who shoots for qualification shall be provided 100 rounds
of practice ammunition each month upon request.
NON-SWORN COMMUNICATIONS SUPERVISORS
9.11 NON-SWORN OVERTIME DEFINITION
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
16
City or contract overtime is defined as all hours worked in excess of 40 hours in the
seven-day work period. Vacation, holidays, sick leave, IOD and compensatory time
off shall be considered hours worked when computing City/contract overtime.
Communication Supervisors shall be eligible for overtime pay.
9.12 FLSA/STATUTORY OVERTIME
The City has adopted a dual calculation method for the purpose of complying with
FLSA overtime requirements. In accordance with 29 USC Section 207 (a), the City
calculates FLSA overtime pursuant to 29 CFR sections 778.109 and 778.110. This
requires the payment of FLSA overtime for all hours actually worked by non-exempt
personnel in excess of 40 hours in the seven-day work period. To the extent the City’s
dual calculation method determines that FLSA overtime owed for the seven-day work
period exceeds the amount of City/contract overtime paid for the same seven-day work
period, the difference will be paid to the employee by way of an “FLSA Adjustment” in
the following City pay period.
9.13 COMPENSATION
Overtime hours shall, at the employee's option, be compensated in cash at time and
one half the employee's regular rate of pay or in time off compensated at time and one
half. However, no employee shall accumulate and have current credit for more than
240 hours of compensatory time off.
9.14 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
17
Whenever an employee is required by the department to work outside of the
employee’s normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
9.15 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled
shift shall be guaranteed a three-hour minimum payment at time and one half.
Unanticipated emergency call-backs (criminal investigations, emergency evacuations,
natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.
9.16 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall
be credited with time worked. Duty free lunch periods shall not be compensable,
to a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. Employees placed on standby as required to fulfill court requirements shall be
compensated three hours straight time when on standby. Each calendar day
starts a new standby period.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
18
E. Standby is that circumstance which requires an employee assigned by the
department to: 1) be ready to respond immediately to a call for service; 2) be
readily available at all hours by telephone or other agreed upon communication
equipment; and 3) refrain from activities which might impair his/her assigned
duties upon call. The parties agree that employees on standby, as defined
above, are "waiting to be engaged."
9.17 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
9.18 NON-SWORN AND SWORN TRAINING
A. Employees that are eligible for overtime and are called back for training
sessions authorized by the Police Chief or designee, shall be guaranteed two-
hour minimum payment at time and one-half.
B. The City shall provide each employee in the membership with paid independent
living hotel/motel accommodation when assigned to a POST reimbursable
training course or City required training course requiring overnight stay. Daily
meal reimbursement provided shall either be a flat $60 per day subject to the
following maximum amounts if not a full day (unless increased by City Policy).
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
19
Breakfast - $15.00 (regardless of whether or not a continental breakfast
is provided)
Lunch - $15.00
Commuter Lunch* - $15.00
Dinner - $30.00
Mileage at the prescribed IRS mileage reimbursement rate.
* Commuter Lunch is defined as providing a lunch for training outside of the
City of SLO limits.
9.19 SWORN AND NON-SWORN CONTRACT OVERTIME REMEDY PROVISION
The City and the Association (hereafter “parties”) acknowledge and agree that they
have met and conferred in good faith in accordance with Government Code section
3500 et. seq. concerning eh definition, calculation and payment of City/Contract
overtime as set forth in Sections 9.1 and 9.11 of this Agreement.
The parties further acknowledge and agree that the provisions of Sections 9.1 and 9.11
establish the full extent of the City’s contractual obligations to pay overtime for services
rendered within the course and scope of employment by members of the bargaining
unit and that to the extent individual claims for statutory overtime under the FLSA are
asserted by or on behalf of any member of this bargaining unit during the term of this
Agreement, such claims will not present or support a claim for contract overtime under
this Agreement.
9.20 SHIFT COVERAGE STIPEND
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
20
Police Lieutenants and the Communications Manager are considered exempt and not
eligible for overtime payment or any return-to-work minimum payments, except as
specifically described in this section. In the event a Lieutenant is required to cover the
shift of a Police Sergeant or the Communications Manager is required to cover the shift
of a Communication Technician or Communications Supervisor, and there is no other
coverage available, and operational needs necessitate the filling of the position, the
Lieutenant or Communication Manager shall receive a shift coverage stipend of one
and one half times the base pay for each hour worked in the capacity of Sergeant,
Communications Technician or Communications Supervisor.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
21
ARTICLE 10 - WORK OUT-OF-GRADE AND TEMPORARY ASSIGNMENT PAY
A. Work Out-of-Grade
Employees temporarily assigned to work in a higher classification shall receive one
step (5.26%) additional pay but in no case more than the top step for the higher
classification under the following conditions:
1. The assignment exceeds ten consecutive workdays, or eighty consecutive
work hours, in which case the step increase becomes effective on the first
workday.
2. The person being temporarily replaced is on extended sick or disability leave
or the position is vacant and an examination is pending.
B. Temporary Assignment.
An appointing authority or designee can temporarily assign an employee to a different
position for a specific period of time not to exceed 90 days, after which the employee
returns to his/her regular duties and position from which he/she was regularly assigned.
The temporary assignment may be extended past 90 days if agreed to by the employee
in writing. Such action shall have the prior approval of the Human Resources Director
or designee. An appointing authority may assign an employee to a different position
for a period of time not to exceed 90 days, provided the employee has received 24
hours written notice which includes reasons for the assignment. Employees who are
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
22
subject to temporary assignment shall be compensated as if they were working out of
grade as described in Section A above.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
23
ARTICLE 11 - EDUCATION INCENTIVE
A. BASIC BENEFITS. Education incentive pay shall not begin until one year after
employment with the City of San Luis Obispo, but credit will be given for
approved education obtained prior to that time. The basic benefit will consist of
$250.00 bi-weekly for possession of a B.A. or B.S. from an accredited four-year
college or university and $350.00 bi-weekly for possession of a M.A. or M.S.
from an accredited college or university. Total education incentive shall in no
case exceed $350.00 bi-weekly.
B. JOB RELATED FIELDS. Degrees must be either in directly job-related fields, or
City-approved equivalent.
C. APPLICATION AND APPROVAL. Application for the incentive pay shall be
made by the employee to the Chief of Police at least 30 days before the date
the payment of the incentive pay is to be effective. Approval of the Chief of
Police and the Director of Human Resources shall be required.
D. UNSATISFACTORY PERFORMANCE. To be eligible for compensation under
this program, an employee must receive and maintain at least a “Meets
Performance Standards” rating on their annual evaluation. The Chief of Police,
with the concurrence of the City Manager, may suspend payment of the
incentive pay until such time as the employee's performance comes up to the
standard level, in the opinion of the Chief of Police and in concurrence of the
City Manager.
E. ADDITIONAL PROVISIONS.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
24
1. The maximum benefit under this article is $350.00 bi-weekly for
possession of a M.A. or M.S. from an accredited college or university.
2. Sworn and non-sworn employees are eligible to participate in the Tuition
Reimbursement program as set forth in City Policy.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
25
ARTICLE 12 - PAYDAY
Payroll will be disbursed on a bi-weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working conditions
and is subject to adjustment for cause beyond the City's control.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
26
ARTICLE 13 - GENERAL PROVISIONS
13.1 WORKING CONDITIONS.
An officer's place of residence shall be within a one hour driving radius from the San
Luis Obispo Police Department.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
27
ARTICLE 14 - HEALTH CARE INSURANCE
14.1 HEALTH FLEX ALLOWANCE
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase such
coverage through the City’s Cafeteria Plan. If the health flex allowance is less than the
cost of the medical plan, the employee shall have the opportunity to pay the difference
between the health flex allowance and the premium cost on a pre-tax basis through
the City’s Cafeteria Plan. If the premium cost for medical coverage is less than the
health flex allowance, the employee shall not receive any unused health flex in the
form of cash or purchase additional benefits under the Cafeteria Plan. Less than full-
time employees shall receive a prorated share of the City’s contribution. The 2019
plan year monthly health flex allowance amount is:
Level of Coverage 2019 Monthly Rate
Employee Only $ 635
Employee Plus One $ 1,154
Family $ 1,531
Effective in December 2019 (for the January 2020 premium), December 2020 (for the
January 2021 premium), and December 2021 (for the January 2022 premium), and
December 2022 (for the January 2023 premium) the City’s total Cafeteria Plan
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
28
contribution shall be modified by an amount equal to one-half of the average percentage
change for family coverage in the PERS health plans available in San Luis Obispo
County. For example: if three plans are available and the year-to-year changes were
+10%, +20%, and -6% respectively, the City’s contribution would be increased by 4%
(10% + 20% + -6% ÷ 3 = 8% x 1/2).
The City agrees to continue its contribution to the health flex allowance for two (2) pay
periods in the event that an employee has exhausted all paid time off due to an
employee's catastrophic illness. That is, the employee shall receive regular City health
flex allowance for the first two pay periods following the pay period in which the
employee's accrued vacation and sick leave balances reach zero.
14.2 PERS HEALTH BENEFIT PROGRAM
The City has elected to participate in the PERS Health Benefit program. The City shall
contribute an equal amount towards the cost of medical coverage under the Public
Employee’s Medical and Hospital Care Act (PEMHCA) for both active employees and
retirees. The City’s contribution toward coverage under PEMHCA shall be the statutory
minimum contribution amount established by CalPERS on an annual basis. The City's
contribution will come out of that amount the City currently contributes to employees
as part of the Cafeteria Plan provided to employees in their various MOA's. The cost
of the City's participation in PERS will not require the City to expend additional funds
toward health insurance beyond what is already provided for in the various bargaining
agreements. In summary, this cost and any increases will be borne by the employees.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
29
14.3 CONDITIONAL OPT-OUT
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) that is not qualified health plan
coverage under an exchange/marketplace or an individual plan, will be allowed to
waive medical coverage for themselves and their qualified dependents (tax family).
The monthly conditional opt-out incentive is:
Opt Out $598
The conditional opt-out incentive shall be paid in cash (taxable income) to the
employee. The employee must notify the City within 30 days of the loss of other
minimum essential coverage. The conditional opt-out payment shall no longer be
payable, if the employee and family members cease to be enrolled in other minimum
essential coverage. Employees receiving the conditional opt-out amount will also be
assessed $16.00 per month to be placed in the Retiree Health Insurance Account.
This account will be used to fund the City's contribution toward retiree premiums and
the City's costs for the Public Employee's Contingency Reserve Fund and the
Administrative Costs. However, there is no requirement that these funds be used
exclusively for this purpose nor any guarantee that they will be sufficient to fund retiree
health costs, although they will be used for negotiated employee benefits.
14.4 DENTAL AND VISION INSURANCE/DEPENDENT COVERAGE
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
30
Effective upon Council adoption, employee’s participation in the City's dental and vision
plans is optional. Employees who elect coverage shall pay the dental and/or vision
premium by payroll deductions on a pre-tax basis through the City’s Cafeteria Plan.
14.5 LONG-TERM DISABILITY INSURANCE (LTD)
Sworn employees are covered for Long-Term Disability Insurance through the
Association and are responsible for premium payments. Non-sworn employees
continue to be covered under the City’s Long-Term Disability Insurance Program.
14.6 LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT
Employees shall have life insurance and Accidental Death and Dismemberment
(AD&D) coverage of Forty-Five Thousand Dollars ($45,000). Twenty Thousand Dollars
($20,000) of life insurance shall be paid by the employees through the City’s Cafeteria
Plan and Twenty-Five Thousand ($25,000) shall be paid by the City. The City pays the
$45,000 of AD&D coverage.
14.7 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non-voting
representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall be to:
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
31
1. Review and suggest changes for the City's Cafeteria Plan and the
insurance plan offered under the MOA.
2. Submit to the City and its employee associations recommendations on
proposed changes for the City's Cafeteria plan and the insurance plans
offered under the MOA.
3. Disseminate information and educate employees about the City's
Cafeteria plan and the insurance plans offered under the MOA.
4. Participate in other related assignments requested by the City and its
employee associations.
B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not preclude
the Association and the City from meeting and conferring.
2. No recommendation of the Medical Plan Review Committee on matters
within the scope of bargaining shall take effect before completion of meet
and confer requirements between the City and the Association, including
Resolution 6620.
3. If changes to the City's Cafeteria plan are subject to meet and confer
requirements, the City and the Association agree to meet and confer in
good faith.
4. In performing its duties, the Medical Plan Review Committee may consult
independent outside experts. The City shall pay any fees incurred for
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
32
this consultation, provided that the City has approved the consultation
and fees in advance.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
33
ARTICLE 15 - RETIREMENT
15.1 PERS Contracts
A. “Classic Members First Tier” employees hired before December 6, 2012.
PERS determines who is a “classic member” within the meaning of the California Public
Employee’ Pension Reform Act (PEPRA). The City agrees to provide the Public
Employees' Retirement System's (PERS) 3% at age 50 plan to all sworn personnel
and 2.7% at age 55 for all non-sworn personnel hired before December 6, 2012. The
3% at age 50 plan includes the following amendments, namely, Post Retirement
Survivor Allowance, the 4th level 1959 Survivor's Benefit, military service credit, one-
year final compensation, conversion of unused sick leave credit to additional retirement
credit, and Pre-Retirement Optional Settlement 2 Death Benefit. The 2.7% at age 55
plan has the following amendments, the 4th level 1959 Survivor's Benefit, one-year
final compensation, military service credit, conversion of unused sick leave credit to
additional retirement credit, and Pre-Retirement Optional Settlement 2 Death Benefit.
B. “Classic Members Second Tier” employees hired on or after December 6, 2012.
Effective December 6, 2012, the City agrees to provide the Public Employee’s
Retirement System’s, 2% at age 50 Full Formula for Local Safety Members using the
average of the three highest years as final compensation and 2% at age 60 for all non-
sworn personnel using the average of the three highest years as final compensation.
The 2% at age 50 plan includes the following amendments, namely, Post Retirement
Survivor Allowance, the 4th level 1959 Survivors’ Benefit, military service credit,
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
34
conversion of unused sick leave credit to additional retirement credit, and Pre-
Retirement Optional Settlement 2 Death Benefit.
C. “New Members Third Tier”
For all employees who PERS determines are “new members” within the meaning of
the California Public Employees’ Pension Reform Act (PEPRA), the City will provide
the PERS 2.7% at age 57 (PERS Safety Option Plan Two) retirement plan for sworn
personnel and 2% at age 62 retirement plan for non-sworn personnel, using the highest
three-year average as final compensation.
15.2 Member Contributions
A. “Classic Members – First and Second Tier”
Effective the first full pay period in July 1, 1996, the City discontinued paying the
“classic member” sworn employees’ share of the PERS Contribution (9%) and the
“classic member” non-sworn employees’ share of the PERS Contribution (8%). The
9% and the 8% were added to the employees’ base salaries and reported as
compensation to PERS. Effective December 2012, the “Classic member – second tier”
sworn employees’ share of the PERS Contribution is 9% and the “Classic member –
second tier” non-sworn employees’ share of the PERS contribution is 7%. For
purposes of this Article, employee contributions are based on salary and special
compensation as defined by PERS.
Effective the first full pay period in July 2019, all sworn and non-sworn employees shall
contribute 1.5% in addition to the employee contribution defined in the paragraph
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
35
above. Effective the first full pay period in July 2020, all sworn and non-sworn
employees contribution shall increase an additional 1.5% for a total of 3%, in addition
to the employee contribution defined in the paragraph above. These additional
contributions are in accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed under the
Internal Revenue Code §414 (h)(2). The employee will be responsible for any and all
tax liability incurred should the IRC provision become invalid.
B. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the total normal cost of
the member contribution, as determined by PERS.
Effective the first full pay period July 2019, all sworn and non-sworn new members
shall contribute 1.5% in addition to the employee paying 50% of the normal cost.
Effective the first full pay period in July 2020, all sworn and non-sworn new members
contribution shall increase an additional 1.5% for a total of 3%, in addition to the
employee paying 50% of the normal cost. These additional contributions are in
accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed under the
Internal Revenue Code §414 (h)(2). The employee will be responsible for any and all
tax liability incurred should the IRC provision become invalid.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
36
ARTICLE 16 - UNIFORM ALLOWANCE
16.1 Each employee required to wear a uniform shall receive an annual uniform
allowance as provided below and is expected to purchase and maintain in good repair
all required uniform pieces.
16.2 The uniform allowance shall be $1,000 per year, with $500 issued to the
employee with the first pay check in June and $500 issued to the employee with the
first pay check in December. New hires will receive a prorated amount.
16.3 All represented employees shall be eligible for uniform allowance without regard
to duty status interruption if in paid status, including 4850 Pay. For “Classic Members”
as defined by CalPERS, uniform allowance shall be reported to CalPERS as special
compensation. Uniform allowance will not be pro-rated upon separation from
employment.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
37
ARTICLE 17 - HOLIDAYS
17.1 The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Presidents’ Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
September 9 – California Admission Day
Second Monday in October – Columbus Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
One-half day before Christmas Day
December 25 - Christmas
One-half day before New Year's Day
17.2 Each employee in this unit shall earn 4 hours of holiday leave bi-weekly, in lieu
of fixed holidays.
Such employees shall receive payment at straight time hourly rate for a portion of their
earned holiday leave (2.00 hours) each bi-weekly payroll period.
17.3 The remainder of the employee’s annual holiday leave (52 hours) shall be
advanced to the employee effective the first payroll period in January of each year.
Such holiday leave may be taken off by the employee with the approval of the Police
Chief or his/her designee.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
38
17.4 Each calendar quarter, an employee has the option of receiving payment for
one-fourth (1/4) of his/her advanced holiday leave. The combination of holiday leave
taken off and payment of advanced holiday time may not exceed 52 hours. Any holiday
leave remaining as of the last payroll period in December of each year will be paid to
the employee at the straight time rate.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share, the value of the overage will be deducted from the employee’s final
paycheck.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
39
ARTICLE 18 - VACATION LEAVE
18.1 Each incumbent of a 40 hour week line-item position shall accrue vacation leave
with pay at the rate of 96 hours per year of continuous service since the benefit date
for the first five years, 120 hours per year upon completion of five years, 144 hours per
year upon completion of ten years, and 160 hours upon completion of twenty years.
Employees scheduled for more than 40 hours a week shall receive the equivalent
number of vacation days pro-rated to the number of regularly scheduled work hours.
18.2 An incumbent is not eligible to use vacation leave until accrued.
18.3 A regular employee who leaves the City service shall receive payment for any
unused vacation leave.
18.4 Vacation schedules must be reviewed by the Chief or his/her designee prior to
the scheduled vacation. Vacation schedules will be based upon the needs of the City
and then, insofar as possible, upon the wishes of the employee. The department may
not deny an employee's vacation request if such denial will result in the loss of vacation
accrual by the employee, except that, management may approve a two-month
extension of maximum vacation accrual. However, in no event shall more than one
such extension be granted in any calendar year.
18.5 Any employee who is on approved vacation leave and becomes eligible for sick
leave as defined in Section 2.36.420A of the Personnel Rules & Regulations may have
such time credited as sick leave under the following conditions.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
40
A. A physician's statement certifying that illness, injury or exposure to contagious
disease has occurred is presented to the supervisor upon returning to work.
B. The vacation leave immediately ends and the employee reports to work
following the end of sick leave usage.
18.6 Vacation leave shall be accrued as earned each payroll period, to a maximum
of vacation time not to exceed twice the employee’s annual accrual rate. It shall be
the responsibility of the employee to plan vacations and receive departmental approval
in a timely manner.
18.7 All employees in this unit are eligible once annually in December, to request
payment for up to 100 hours of unused vacation leave provided that an employee's
overall performance and attendance practices are satisfactory. If an employee
reaches the annual accrual cap before December and is eligible for cash out as defined
above, the employee may request vacation payment one additional time during the
year, in addition to the December cash out. However, no more than 100 hours of
unused vacation leave will be paid out in any calendar year.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
41
ARTICLE 19 - ADMINISTRATIVE LEAVE
19.1 The Lieutenants, Captains, Police Records Supervisor and Communications
Manager are exempt from paid overtime except as specifically authorized by the Police
Chief due to extraordinary circumstances. In general, management employees are
expected to work the hours necessary to successfully carry out their duties and
frequently must return to work or attend meetings and events outside their normal
working hours.
19.2 In recognition of these requirements and the 24-hour staffing requirements of
Police Departments, all members of this unit who are designated as exempt in Section
19.1 above shall be afforded flexibility in managing their work load and time and are
eligible to take a maximum of 64 hours per calendar year of Administrative Leave.
Such leave may be taken at any time during the year. However, in cases where an
individual is not actively employed in an exempt position with the city during the full
year such leave shall be prorated or if the yearly amount earned is changed during the
year the amounts shall be prorated. For purposes of computing monthly amounts the
rate of 5.33 hours per month may be used (64÷12 = 5.33). The employee’s final check
will be adjusted to reflect the pro-rated hours, however there is no provision to receive
cash payment for unused administrative hours. Unused administration leave will not
be carried over year to year but can be taken through December 31st of each year.
19.3 Exempt employees understand that the nature of their jobs require that they will
work additional hours outside of their regularly scheduled shifts for such activities as
occasional meetings, paybacks, briefings, shift preparation, etc. Subject to the
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
42
approval of the Bureau Commander, exempt employees may shift adjust for such
things as court, administrative assignments, filling shift vacancies, lengthy or frequent
meetings, training, etc.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
43
ARTICLE 20 - SICK LEAVE
20.1 Accumulation of sick leave days shall be unlimited.
20.2 Upon retirement the employee may choose: 1) a payout of the employee’s
accumulated sick leave balance based on years of service according to the following
schedule, 2) to convert a portion or all of the employee’s sick leave balance to service
credit in accordance with CalPERS regulations, or, 3) a combination of these two
options. Upon termination of employment by death of the employee, a percentage of
the dollar value of the employee's accumulated sick leave will be paid to the designated
beneficiary or beneficiaries according to the following schedule:
A. Death - 25%
B. Retirement and actual commencement of PERS benefits:
1. After twenty years of continuous employment - 20%
2. After twenty-five years of continuous employment – 25%
3. After thirty years of continuous employment – 30%
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
44
ARTICLE 21 - FAMILY LEAVE
21.1 An employee may take up to 48 hours of sick leave per year if required to be
away from the job to personally care for a member of his/her immediate family.
21.2 An employee may take up to 56 hours of sick leave per year if that family
member is part of the employee's household and is hospitalized. The employee shall
submit written verification of such hospitalization.
21.3 For purposes of this article, immediate family is defined as:
spouse/registered domestic partner
child
brother
sister
parent
parent-in-law
stepparent
stepbrother
stepsister
grandparent
grandchild
any other relative living in the same household
or any other relative as defined by Labor Code 233 and/or Assembly Bill
1522.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
45
21.4 The amounts shown in 19.1 and 19.2 above are annual maximums, not
maximums per qualifying family member.
21.5 In conjunction with existing leave benefits, unit employees with one year of City
service who have worked at least 1280 hours in the last year, may be eligible for up to
12 weeks of Family/Medical Leave within any 12-month period. Family/Medical Leave
can be used for:
A. A new child through birth, adoption or foster care (maternal or paternal leave).
B. A seriously ill child, spouse or parent who requires hospitalization or continuing
treatment by a physician.
C. Placement of an employee's child for adoption or foster care.
D. A serious health condition which makes the employee unable to perform the
functions of his or her position.
E. Or as allowed under State or Federal Law.
21.6 This leave shall be in addition to leave available to employees under the existing
four-month Pregnancy-Disability Leave provided by California law. Paid leave, if used
for family leave purposes or personal illness, will be subtracted from the 12 weeks
allowed by the Family/Medical Leave Program. Employees must use all available
vacation, compensatory time off and administrative leave and, if appropriate, sick leave
prior to receiving unpaid Family/Medical Leave.
21.7 Employees on Family/Medical Leave will continue to receive the City's
contribution toward the cost of health insurance premiums. However, employees who
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
46
receive cash back under the City's Flexible Benefit Plan will not receive that cash
during the Family/Medical Leave. Only City group health insurance premiums will be
paid by the City.
21.8 If an employee does not return to work following leave, the City may collect from
the employee the amount paid for health insurance by the City during the leave. There
are two exceptions to this rule.
A. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
B. Circumstances beyond the employee's control.
Further details on Family/Medical Leaves, are available through the City's "Guide to
Family/Medical Leave Program".
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
47
ARTICLE 22 - BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due to the
death of a member of the employee's immediate family, meaning:
Spouse/registered domestic partner
child
brother
sister
parent
parent-in-law
stepparent
stepbrother
stepsister
grandparent
grandchild
any other relative living in the same household, provided such leave as defined
in this Article shall not exceed 40 hours for each incident. The employee may
be required to submit proof of relative's death before being granted sick leave
pay. False information concerning the death or relationship shall be cause for
discharge.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
48
ARTICLE 23 - CATASTROPHIC LEAVE
Employees may participate in the Catastrophic Leave program in accordance with the
City-wide Catastrophic Leave Policy.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
49
ARTICLE 24 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with
State Workers' Compensation law and is not eligible for disability payments under
Labor Code Section 4850 shall be paid the difference between his/her base salary and
the amount provided by Workers' Compensation law during the first 90 business days
of such disability absence.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
50
ARTICLE 25 - JURY DUTY AND MILITARY LEAVES
25.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury, and
when not excluded there from, or when subpoenaed to appear as a witness at any trial,
shall be compensated for the time required to be spent under the jurisdiction of the
court by an amount equal to the difference between the pay he/she received as a juror
and his/her regular daily rate received from the City. The difference between the time
required to be spent on jury duty and the normal workday of the employee shall be
spent performing the employee’s regular job assignments unless the department head,
upon approval of the Director of Human Resources, determines this not to be practical.
25.2 MILITARY LEAVE
Any line-item employee shall receive normal salary and fringe benefits during the first
thirty days of any period of temporary military leave. Such compensation shall not
exceed thirty calendar days in any one fiscal year. Any temporary military leave in
excess of thirty days in one fiscal year shall be taken as vacation leave or leave of
absence without pay.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
51
ARTICLE 26 - GRIEVANCE PROCEDURE
26.1 A grievance is defined as an alleged violation, misinterpretation or
misapplication of the personnel rules and regulations or of any Memorandum of
Agreement, excluding disciplinary matters, or any existing written policy or procedure
relating to wages, hours or other terms and conditions of employment excluding
disciplinary matters.
26.2 Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate supervisor
shall discuss the grievance with the supervisor's immediate superior. The
employee shall have the right to choose a representative to accompany him/her
at each step of the process. If the matter can be resolved at that level to the
satisfaction of the employee, the grievance shall be considered terminated.
B. If still dissatisfied, the employee may immediately submit the grievance in
writing to the Police Chief for consideration, stating the facts on which it was
based, including the provision of the rules, regulations, or agreement said to be
violated, and the proposed remedy. This action must take place within 15
business days of the occurrence of the grievance. The Police Chief shall
promptly consider the grievance and render a decision in writing within 15
business days of receiving the written grievance. If the employee accepts the
Police Chief's decision, the grievance shall be considered terminated.
C. If the employee is dissatisfied with the Police Chief's decision, the employee
may immediately submit the grievance in writing to the Human Resources
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
52
Director within five business days of receiving the Police Chief's decision. The
Human Resources Director shall confer with the employee and the Police Chief
and any other interested parties and shall conduct such other investigations as
may be advisable.
D. The results or findings of such conferences and investigations shall be
submitted to the City Manager in writing within fifteen (15) business days of
receiving the employee's written request. The City Manager will meet with the
employee if the employee so desires before rendering a decision with respect
to the complaint. The City Manager’s decision shall be in writing and given to
the employee within 15 business days of receiving the Human Resources
Director's results and findings. Such decision shall be final unless the employee
desires the Personnel Board to review the decision. If such is the case, the
employee will have five business days following receipt of the City Manager’s
decision to submit a written request to the Personnel Board through the Human
Resources Director for a review of the decision. The Personnel Board within 30
business days shall review the record and either (1) issue an advisory opinion
to the City Manager; or (2) conduct a hearing on the matter. If a hearing is held,
an advisory opinion shall be rendered by the Board within 10 business days of
the close of such hearing. If an opinion signed by at least three (3) members of
the Personnel Board recommends overruling or modifying the City Manager’s
decision, the City Manager shall comply or appeal this recommendation to the
City Council. Such appeal shall be filed with the City Clerk within three business
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
53
days of the Board's action. If appealed, the City Council shall review the case
on the record and render a final decision within 15 business days of submittal.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
54
ARTICLE 27 - DISCIPLINARY ACTION
Except in cases of disciplinary suspensions of less than one work week, the standards
for the discipline of exempt employees shall generally be consistent with the standards
for discipline of non-exempt employees. Thus, such exempt employees may be
subject to termination, demotion or reduction in compensation for any of the reasons
set forth in Section 2.36.320 of the Personnel Rules and Regulations. In conformity
with the Fair Labor Standards Act, a disciplinary suspension of less than one week
may be imposed only for a violation of City safety rules of major significance. Minor
violations of rules and regulations may result in lesser disciplinary actions, such as oral
or written reprimands, counseling, or special training, etc.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
55
ARTICLE 28 - IMPASSE PROCEDURE
28.1 MEDIATION
A. Mediation may be requested only after the possibility of settlement by direct
discussion (meet and confer) has been exhausted. Mediation may be
requested by scheduling a meeting with the Employee Relations Officer (City
Manager).
1. The Employee Relations Officer shall convene a meeting between the
chief negotiator for the Association, one other representative of the
Association, the Employee Relations Officer and one other
representative of the City:
a. To review the position of the parties in a final effort to reach
agreement or reduce the points of disagreement; and
b. If agreement is not reached, to make arrangements for
mediation.
B. Following the meeting with the Employee Relations Officer, only the disputed
issues shall be submitted to mediation. The mediator shall be selected from the
State Mediation and Conciliation Service by mutual consent. All mediation
proceedings shall be private and confidential, and the mediator shall make no
public recommendation nor take any public position at any time concerning the
issue. Any fees or expenses of mediation shall be shared equally by the City
and the Association.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
56
C. Mediation shall be terminated if agreement has not been reached in 30 days
unless extended by mutual agreement.
28.2 FACT-FINDING
A. If mediation fails to resolve all issues, the unresolved issues shall be referred to
"fact-finding." The factfinder shall be selected by mutual consent.
B. The City and the Association shall submit its position on each unresolved issue
and its last offer of settlement to the factfinder. After due consideration, the
factfinder shall recommend on each issue using factors traditionally taken into
consideration in determination of wages, hours and other terms and conditions
of employment in the public sector.
C. Within 10 days of commencing fact-finding, recommendations of the factfinder
shall be reported in writing at a meeting of representatives of the City and the
Association. Each party shall accept, reject or propose alternatives to the fact-
finder's recommendations. Any recommendations or alternatives not accepted
by both parties within 15 days of receiving the fact-finder's recommendations
will be presented to the City Council.
D. After a hearing where the chief negotiator for the Association, one other
representative of the Association, the Employee Relations Officer and one other
representative of the City have presented their position on the fact-finder's
recommendations, the City Council may accept or reject any recommendation.
All proceedings and recommendations of fact-finding shall be private and
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
57
confidential. Any fees or expenses shall be equally shared by the City and the
Association.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
58
ARTICLE 29 - SWAT TEAM MEMBERS
SWAT team members are required to maintain a higher standard of physical fitness
than the normal employee. The City will reimburse each SWAT team member who
purchases personal exercise equipment or who voluntarily joins a physical fitness gym
for the cost of the membership and monthly charges up to a maximum fiscal year
amount of $375.00 per member. A purchase that meets the criteria to be eligible for
reimbursement and is above the annual reimbursement limit, may be submitted in up
to two additional consecutive years. At the City’s request each member requesting
reimbursement may be required to provide proof of purchase or of membership and
active participation.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
59
ARTICLE 30 - FULL AGREEMENT
This Agreement represents a complete and final understanding on all negotiable
issues between the City and the Association. This Agreement supersedes all previous
Memoranda of Understanding or Memoranda of Agreement between the City and the
Association except as specifically referred to in this Agreement. In the event any new
practice or subject matter arises during the term of this Agreement and an action is
proposed by the City, the Association will be afforded notice and shall have the right
to meet and confer upon request.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
60
ARTICLE 31 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any
court of competent jurisdiction, or if compliance with or enforcement of any provision
should be restrained by any tribunal, the remainder of this Agreement shall not be
affected thereby, and the parties shall enter into a meet and confer session for the sole
purpose of arriving at a mutually satisfactory replacement for such provision within a
30 day work period. If no agreement has been reached, the parties agree to invoke
the provision of impasse under Section 13 of City Resolution No. 6620.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
61
ARTICLE 32 - TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 2019, except that those provisions
which have specific implementation dates shall be implemented on those dates and
shall remain in full force and effect until midnight June 30, 2023.
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
62
ARTICLE 33 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of the Agreement:
A. The Association's principal authorized agent shall be the President (address:
1042 Walnut Street, San Luis Obispo, California 93401; telephone: (805) 781-
7313).
B. Management's principal authorized agent shall be the Human Resources
Director or his/her duly authorized representative (address: 990 Palm Street,
San Luis Obispo, California 93401; telephone: (805) 781-7250).
Resolution No. 11028 (2019 Series)
R 11028
Exhibit “A”
63
ARTICLE 34 - SIGNATURES
1. Classifications covered by this agreement and included within this unit are
Police Sergeant, Police Lieutenant, Police Captain, Communications
Supervisor, Police Records Supervisor, and Communications and Records
Manager.
2. This Agreement does not apply to Temporary Employees or Part-time
Employees.
This Agreement was executed on July 2, 2019, by the following parties:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
POLICE STAFF OFFICERS’
ASSOCIATION
__________________________________ ______________________________
Monica Irons, Human Resources Director Aaron Schafer, President
__________________________________ ______________________________
Nickole Sutter, Human Resources Analyst Mark Anselmi, Vice President
______________________________
Robert Cudworth, Treasurer
______________________________
Brian Amoroso, Chief Negotiator
Resolution No. 11028 (2019 Series)
R 11028
Exhibit "A"
ARTICLE 34 - SIGNATURES
1. Classifications covered by this agreement and included within this unit are
Police Sergeant, Police Lieutenant, Police Captain, Communications
Supervisor, Police Records Supervisor, and Communications and Records
Manager.
2. This Agreement does not apply to Temporary Employees or Part-time
Employees.
This Agreement was executed on July 2, 2019, by the following parties:
CITY OF SAN LUIS OBISPO
-1 nu��n_L_h aud
Monica Irons, Human Resources Director
�1" ��
Nic ole Sutter, uman Resources Analyst
63
SAN LUIS OBISPO
POLICE STAFF OFFICERS'
ASS ATION
Aaron 5chafer, President
Mark Anselmi, Vice President
Robert Cudworth, Treasurer
roan A o so, hief Negotiator
64
APPENDIX A – SALARY RANGE LISTING
Resolution No. 11028 (2019 Series)
R 11028