HomeMy WebLinkAboutR-11266 adopting the MOA between the City of San Luis Obispo and the San Luis Obispo Police Officers’ Association
R 11266
RESOLUTION NO. 11266 (2021 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 OFFICERS’
ASSOCIATION FOR THE PERIOD OF JULY 1, 2021 TO JUNE 30, 2024
WHEREAS, the San Luis Obispo Police Officers’ Association (POA) is committed to
providing high quality service to the community; and
WHEREAS, to achieve our service standards, the City must attract and retain highly
qualified employees who exemplify our organizational values; and
WHEREAS, fostering an environment attractive to such employees depends upon
many factors, including a competitive compensation program; and
WHEREAS, the City of San Luis Obispo has experienced challenges recruiting
and retaining Police Officers and Communications Technicians; 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 Labor
Relations Objectives and Compensation Philosophy while also considering the long-term
fiscal sustainability of changes in compensation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo hereby revises the Police Officers’ Association compensation as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo
and the POA, 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.
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 Chris Chitty, San Luis Obispo Police
Officers’ Association, and Nickole Domini, Interim Human Resources Director.
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Resolution No. 11266 (2021 Series) Page 2
R 11266
SECTION 4. Amendments to compensation for the San Luis Obispo Police
Officers’ Association do not constitute a “Project” under CEQA Guidelines Sec. 15378.
Upon motion of Council Member Christianson, seconded by Council Member Pease,
and on the following vote:
AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20th day of July 2021.
_____________________________
Mayor Heidi Harmon
ATTEST:
__________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
_____________________________
Teresa Purrington
City Clerk
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Exhibit “A”
Table of Contents
ARTICLE 1 - PREAMBLE .......................................................................................................... 1
ARTICLE 2 - RECOGNITION ..................................................................................................... 2
ARTICLE 3 - DUES DEDUCTION .............................................................................................. 3
ARTICLE 4 - EMPLOYEE RIGHTS ............................................................................................ 4
ARTICLE 5 - MANAGEMENT RIGHTS ...................................................................................... 5
ARTICLE 6 - REPRESENTATIVE ROLE ................................................................................... 6
ARTICLE 7 - SALARY ................................................................................................................ 8
ARTICLE 8 - MASTER POLICE OFFICER PROGRAM ............................................................10
ARTICLE 9 - TRAINING OFFICER INCENTIVE .......................................................................13
ARTICLE 10 - BILINGUAL PAY ................................................................................................14
ARTICLE 11 - OVERTIME - SWORN .......................................................................................15
ARTICLE 12 - OVERTIME - NON-SWORN ..............................................................................21
ARTICLE 13 - WORK OUT-OF-GRADE ...................................................................................26
ARTICLE 14 - STANDBY SWORN & NON-SWORN .................................................................27
ARTICLE 15 - EDUCATION INCENTIVE ..................................................................................28
ARTICLE 16 - UNIFORM ALLOWANCE ...................................................................................30
ARTICLE 17 - HEALTH CARE INSURANCE ............................................................................31
ARTICLE 18 - RETIREMENT ....................................................................................................35
ARTICLE 19 - SENIORITY........................................................................................................38
ARTICLE 20 - HOLIDAYS .........................................................................................................39
ARTICLE 21 - VACATION.........................................................................................................41
ARTICLE 22 - SICK LEAVE ......................................................................................................43
ARTICLE 23 - FAMILY LEAVE .................................................................................................44
ARTICLE 24 - BEREAVEMENT LEAVE....................................................................................46
ARTICLE 25 - CATASTROPHIC LEAVE...................................................................................47
ARTICLE 26 - WORKERS' COMPENSATION LEAVE ..............................................................48
ARTICLE 27 - JURY DUTY AND MILITARY LEAVES ..............................................................49
ARTICLE 28 - GENERAL PROVISIONS ...................................................................................50
ARTICLE 29 - RESIDENCY REQUIREMENTS .........................................................................51
ARTICLE 30 - PROMOTIONAL POLICY ...................................................................................52
ARTICLE 31 - PERFORMANCE EVALUATIONS .....................................................................56
ARTICLE 32 - GRIEVANCE PROCEDURE ..............................................................................58
ARTICLE 33 - LAYOFFS ..........................................................................................................61
ARTICLE 34 - WORK ACTIONS ...............................................................................................63
ARTICLE 35 - COMMUNICATION PROCESS ..........................................................................64
ARTICLE 36 - NOTICE TO THE ASSOCIATION ......................................................................65
ARTICLE 37 - EQUIPMENT ......................................................................................................66
ARTICLE 38 - TEMPORARY MODIFIED DUTY .......................................................................68
ARTICLE 39 - WORK SCHEDULES .........................................................................................69
ARTICLE 40 - SWAT OPERATOR LUCA BENEDETTI FITNESS INCENTIVE .........................77
ARTICLE 41 - TRAUMATIC INCIDENTS ..................................................................................78
ARTICLE 42 - NO DISCRIMINATION .......................................................................................79
ARTICLE 43 - STAFFING .........................................................................................................80
ARTICLE 44 - FULL AGREEMENT ...........................................................................................81
ARTICLE 45 - SAVINGS CLAUSE ............................................................................................82
ARTICLE 46 - RENEGOTIATIONS ...........................................................................................83
ARTICLE 47 - TERM OF AGREEMENT ...................................................................................84
APPENDIX A - CLASSIFICATION ............................................................................................85
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APPENDIX B - GRIEVANCE FORMS .......................................................................................86
APPENDIX C – SALARY RANGE LISTING ..............................................................................88
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ARTICLE 1 - PREAMBLE
1.1 This Agreement is effective the 20th day of July, 2021, by and between the City of
San 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 employed on July 20, 2021, or thereafter.
1.2 The purpose of this Agreement is to promote the improvement of personnel
management and employer/employee relations, provide an equitable and peaceful
procedure for the resolution of differences and establish rates of pay and other
terms and conditions of employment.
1.3 The City and the Police Officers' Association agree that all employees of the City
share in the important responsibility of providing superior service to the public and
that every job and position is considered to be important.
1.4 Nothing in this Agreement between the parties shall invalidate or be substituted for
any provision in Resolution No. 6620 (1989 Series) unless so stipulated to by
provision(s) contained herein and agreed to.
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ARTICLE 2 - RECOGNITION
The City hereby recognizes the San Luis Obispo Police Officers' Association as the
bargaining representative for purposes of representing regular and probationary
employees, occupying the position classifications set forth in Appendix A, in the Police
Unit with respect to their compensation, hours and other terms and conditions of
employment for the duration of the Agreement.
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ARTICLE 3 - DUES DEDUCTION
3.1 The Association is responsible for providing written notice to the City of those
bargaining unit members who have authorized deductions from salary for
Association membership. Based on such notice, the City will deduct the amounts
specified by the Association and remit the deducted amounts to the Association
treasurer.
3.2 The Association’s certification of dues deductions, additions, and/or deletions shall
be submitted to the City's Finance Director or designee. The Finance Department
will provide the Association President with a monthly notification of all dues
transactions.
3.3 The Association shall hold the City harmless from any and all claims and will
indemnify and defend it against any unusual costs in implementing salary
deductions pursuant to this Article.
3.4 The Association shall refund to the City any amount paid to the Association in
error, upon presentation of supporting evidence.
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ARTICLE 4 - EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer-employee relations including, but not limited to, wages, hours and
other terms and conditions of employment. Employees of the City shall also have the
right to refuse to join or participate in the activities of employee organizations and shall
have the right to represent themselves individually in their employment relations with the
City. No employee shall be interfered with, intimidated, restrained, coerced , or
discriminated against because of the exercise of these rights.
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ARTICLE 5 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion;
direct its employees; take disciplinary action; relieve its employees from duty because of
lack of work or for other legitimate reasons; maintain the efficiency of government
operations; determine the methods, means and personnel by which government
operations are to be conducted; determine the content of the job classifications; take all
necessary actions to carry out its mission in emergencies; and exercise complete control
and discretion over its organization and the technology for performing its work.
The City’s exercise of its rights under this section is subject to applicable State law.
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ARTICLE 6 - REPRESENTATIVE ROLE
As established by Article 44 of this Agreement, in the event any new practice or subject
matter within the scope of representation arises during the term of this Agreement and an
action concerning that practice or subject matter is proposed by the City, the Association
will be afforded notice and shall have the right to meet and confer upon request. In this
event, as well as for renegotiations under Article 46 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 the Municipal Employee Relations Officer and other
management officials (after written certification of such selection is provided by the
Association). Such meet and confer sessions under both Article 44 and Article 46 of this
Agreement shall be considered hours of work for the designated Association
representatives. The Association shall, whenever practicable, submit the name(s) of
each employee representative to the Municipal Employee Relations Officer at least two
working days in advance of such meetings.
Provided further:
(A) That no employee representative shall leave his or her duty or workstation
or assignment without specific approval of the Police Chief or other
authorized City management official. 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 r estrict City
management from scheduling such meetings before or after regular duty or
work hours.
(B) Association members will donate a total of 250 hours per year (inclusive of
any carryover time) of vacation time, holiday time, and compensatory time
off to an Association "time bank" under the following guidelines:
During the first full pay period of July each calendar year, the POA President
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 of 250 hours. The difference between the actual number of hours
and the 250-hour maximum will be divided by the number of POA
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represented employees. Each represented employee shall then contribute
an equal number of leave hours to be debited by the City to maintain the
250 hours’ time bank. Employees shall have the option to designate
vacation, holiday or CTO leave time. The POA President will provide a list
to Payroll of all employees donating to the bank, the leave bank from which
the time will be drawn, and the number of hours to draw.
1. Only Association officers or bargaining team members may draw from
the bank.
2. Requests to use time from the bank must be made reasonably in
advance of the use. Approval is subject to the operational necessity of
the department and normal time off approval processes.
3. Time bank hours can be used for POA operational needs including but
not limited to Association training, meetings, and ancillary business. If
the Association officers or bargaining team members are scheduled on
duty and cannot shift adjust, or they are performing any of the above
listed duties outside of their normal working hours, they will be paid at
straight time for hours coded under the Associati on time bank. It is
understood and agreed that the leave hours do not count toward hours
worked for the purposes of calculating overtime.
The City agrees to meet and confer over an increase in donations to the association leave
bank if requested by the POA during the term of this MOA.
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ARTICLE 7 - SALARY
7.1 Rules Governing Step Increases
The following rules shall govern step increases for bargaining unit members:
A. The first step is the minimum rate and shall normally be the hiring rate for
the class. In cases where it is difficult to secure qualified personnel, or if a
person of unusual qualifications is hired, the Human Resources Director or
designee may authorize hiring at any step.
B. An employee may be advanced to the next step in the salary range upon
receiving an overall rating of at least “Meets Performance Standards” on the
employee’s annual performance evaluation, as approved by the Police
Chief and the Human Resources Director, or their designees. Following
completion of the annual performance evaluation, the employee’s step
increase will be effective on the employee’s position anniversary date.
C. If an employee receives an overall rating of “Below Performance Standards”
on their Annual Performance Evaluation, they will not be eligible for
advancement until they receive a “Meets Performance Standards” overall
rating or better on their next annual performance evaluation.
D. Progression to Master Police Officer, the last step of the Police Officer
salary range, will occur when the employee has satisfied the requirements
outlined in Article 8.4.
7.2 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 all other classifications in the bargaining unit consists of seven
steps (1 through 7). Steps 1 through 7 equal 95% of the next highest step,
computed to the nearest $1.00.
Effective the first full pay period following Council adoption, the following changes
will take place for the salary ranges of Police Cadet and Police Officer:
• The salary range for Police Cadet will consist of one step, paid ten (10%)
percent below Step 1 of Police Officer.
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• The existing Step 1 and Step 2 of Police Officer will be removed, with Step
3 becoming Step 1, making a total of seven steps (1-7). Steps 1 through 7
equal 95% of the next highest step, computed to the nearest $1.00.
Each across-the-board percent salary increase shall raise the top step of the range
by the percent increase, and the lower steps shall be calculated using the
methodology in the paragraph above. The top step of each successive salary
range will be 2.63% above the top step of the next lower range. After all steps of
each salary range have been established, each shall be rounded off to the nearest
$1.00.
7.3 Salary Schedule Increases for Term of Agreement
Salary schedule increases will be effective on the first day of the first full pay period
following the dates listed below to address cost of living adjustments and to
address the difficulty in attracting and retaining qualified employees:
• July 2021 5% All Sworn and Non-Sworn Classifications
• July 2022 5% All Sworn and Non-Sworn Classifications
• July 2023 5% All Sworn and Non-Sworn Classifications
The salary ranges for the term of this agreement are listed in Appendix C.
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ARTICLE 8 - MASTER POLICE OFFICER PROGRAM
8.1 The Master Police Officer Program shall be as follows:
The specialty assignments included in this program are:
S.E.T5, 7 4 years4
Traffic Officer5 4 years3
Investigator5, 7 4 years
Narcotics Task Force Investigator 4 years
School Resource Officer (SRO) 4 years4
Crime Scene Investigator 3 years
Defensive Tactics Instructor1 3 years
Hostage Negotiator1 3 years
Range Master 4 years2
Downtown Officer 3 years2
Swat Team Operator1 3 years
Bomb Technician1, 7 3 years
CAT (Community Action Team) 4 years
Traffic Call Out1 3 years
IT Officer1 3 years
Field Training Officer6 4 years
1 Non-mandatory Rotational position.
2 Early opt out allowed after two years with full credit towards MPO status.
3 If grant funding is received for DUI enforcement, then the assignment is two years and
is counted toward MPO credit.
4 Early opt out allowed after three years with full credit towards MPO status.
5 At the discretion of the Police Chief, Administrative Captain, Investigations Lieutenant,
SET Sergeant, and following input from a member of the POA board of directors, one
position in SET, Investigator (Property), Investigator (Persons ), and Traffic may be
extended two years. This extension can be reoccurring based on job performance and
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management recommendation. An officer can choose to decline the extension at the end
of the completed rotation.
6 This assignment will be governed by Article 8.4 9. If the FTO is currently an MPO, or
the Officer has completed or is concurrently holding two other assignments listed in Article
8.1, then the FTO will be entitled to the $50 incentive listed in Article 9.1. This will be a
non-mandatory rotational assignment and when the employee has accumulated four total
years in the assignment, (with or without a trainee) it will qualify as a completed
assignment towards Article 8.4 Master Police Officer.
7Officers assigned to S.E.T, Investigations, and the Bomb Technician will be assigned a
take-home vehicle during the length of their assignment.
8.2 To be eligible for compensation under this program, an employee must receive
and maintain at least a "Meets Performance Standards" rating on their evaluation.
8.3 Compensation under this program shall in no case exceed one step on the salary
range.
8.4 Master Police Officer
Eligibility requirements for the position of Master Police Officer are as follows:
1. One full year at Step 8 of the Police Officer salary range. Effective the first pay
period following Council adoption, one full year at Step 6 of the Police Officer
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.
Lateral Officers having completed two comparable specialty assignments at
their prior agency shall receive credit for a third specialty assignment. The
comparability of specialty assignments shall be determined by the Police Chief
in their discretion. The Chief may require an employee seeking credit for prior
agency specialty assignment credit to submit satisfactory proof of successful
performance in such assignments.
4. Reassignment, with a break in service, to the same assignment will be credited
as a third assignment. To be credited for the purposes of compensation, an
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officer shall be required to complete the terms of any specialty assignment
unless early departure for good cause is/was authorized by the Chief of Police.
Departure for any other reason will forfeit MPO compensation at the time of
departure.
5. The Department may, at any time, temporarily remove an employee from a
specialty assignment to meet operational needs. If the cumulative total time of
removal from the assignment prior to the employee’s scheduled rotation date
exceeds 90 days, the employee shall have the option of extending the rotation
date by the total time of removal or accepting that amount of time as credit
towards completion of the specialty assignment.
6. Qualified Master Police Officers will be permitted to wear a two -stripe insignia
(otherwise recognized as Corporal stripes) recognizing their status as
determined by Department uniform policy.
7. Compensation: Last step of the Police Officer range.
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 timely request.
9. Once an officer achieves status of MPO they will be assigned to attend the
Field Training Officer Class if they wish to be a Field Training Officer.
At the discretion of the Police Chief they can select other officers to be a Field
Training Officer if there are not enough MPO’s willing to be Field Training
Officers to meet the department needs. The qualifications to be selected by the
Police Chief will be six years of law enforcement experience with a minimum of
three years working as a Police Officer with the San Luis Obispo Police
Department. The Police Chief has discretion to offer FTO to an officer with less
seniority if FTO spots are unable to be filled.
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ARTICLE 9 - TRAINING OFFICER INCENTIVE
9.1 When assigned a trainee by the Police Chief or designee, Training Officers will
receive $50 per day. Classifications that are eligible for this incentive are Police
Officers (Field Training Officers) and Communications Technicians
(Communications Training Officers).
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ARTICLE 10 - BILINGUAL PAY
10.1 Employees certified as bilingual in Spanish through a testing process administered
by the City Human Resources Department shall receive a bilingual payment of
$100 per pay period. Additional languages may be approved by the City based
upon demonstrated need. Regardless of certification, all employees shall use any
language skills they possess to the best of their ability.
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ARTICLE 11 - OVERTIME - SWORN
11.1 CONTRACT OVERTIME
A. Contract overtime is defined as all hours worked in excess of their regularly
scheduled shifts.
B. Employees are regularly assigned to work 160 hours in the 28-day work period.
C. All paid leave hours shall be counted as hours worked for purposes of calculating
overtime, to include Vacation, Holiday, Sick Leave, IOD (Workers Compensation),
and Compensatory Time Off (CTO).
D. All contract overtime shall be authorized by the Police Chief or designee prior to
being compensated. Contract overtime shall be paid in each pay period.
E. All sworn employees covered by this Agreement shall be eligible for contract
overtime pay.
11.2 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 11.1. above.
B. For the purpose of complying with 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 requirements 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 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 paid for the same work period, the difference will
be paid to the employee by way of an “FLSA Adjustment” in the following City pay
period.
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11.3 COMPENSATION
A. All contract overtime as defined in Section 11.1 of this Article shall be paid in cash
at one and one-half (1 1/2) the employee's base rate of pay, plus incentives as
defined below in Section 11.5, or in compensatory time off (CTO).
B. Separate and apart from the City’s contractual obligation to pay overtime in
accordance with Section 11.1 above, the City is obligated to calculate and pay , at
a minimum, FLSA overtime based on the federa lly defined regular rate of pay
which includes cash in lieu in compliance with the Flores v. City of San Gabriel
decision applicable to members of POA’s bargaining unit. This calculation will be
administered in accordance with Section 11.2 above.
11.4 COMPENSATORY TIME OFF (CTO)
A. An employee who earns contract overtime as defined in Section 11.1 above may
elect compensation in the form of time off (CTO). An employee may be
compensated in cash at the rate of one and one-half (1 1/2) hours for each hour of
overtime worked. However, no employee shall accumulate and have current credit
for more than 100 hours of CTO.
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 overtime
overage (except when scheduled in conjunction with approved vacation during the
annual vacation sign-ups).
C. Upon separation from employment with the City, the employee’s accrued CTO will
be paid out at the employee’s base rate of pay.
11.5 PAY INCENTIVES TO BE INCLUDED IN THE BASE RATE FOR OVERTIME
UNDER SECTIONS 11.1 AND 11.2 ABOVE
• Bilingual Pay
• Education Incentive
• Holiday Pay
• Training Officer Pay
• Standby Pay
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• Work out of Grade Pay
11.6 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of
the employee's normal work hours, if a minimum applies as found in this article,
then the employee has the choice of taking the minimum or taking the pay for the
work actually performed.
11.7 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 of
the contract overtime rate. Unanticipated emergency call-backs (criminal
investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.)
will include a total 30 minutes for travel time.
11.8 COURT TIME
A. Effective the first full pay period upon ratification, employees reporting for court
duty shall be guaranteed three hours minimum payment at time and one -half
of the contract overtime rate.
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. If a scheduled court appearance is canceled on the day the employee is to
appear, they shall be eligible for the minimum payment in this Section.
11.9 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do shall be paid for
such attendance. Payment shall be considered overtime and paid as such if the
hours fall within the definition of overtime.
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11.10 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed three-hour minimum payment at time and one
half of the contract overtime rate.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall be a flat $60 per day subject to the following maximum amounts
if not a full day (unless increased by City Policy).
• 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 trainings outside of the City
of SLO limits.
11.11 RANGE QUALIFICATION
A. Employees required to qualify with department approved firearms shall be
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 of
practice handgun ammunition each month upon request. Employees may only
receive the current month’s handgun allocation. Employees must be present to
receive and sign for allotted ammunition. Employees that have been placed on
administrative leave, and/or 4850 that extends beyond 90 days shall not
receive an allotment of ammunition until return from such leave. Allotments
shall not accrue during the pendency of such leave and shall not be owed to
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an employee for the pendency of such leave. An employee on modified duty
or 4850 less than 90 days may receive allotment with a note from a physician.
11.12 OVERTIME ASSIGNMENT - SWORN PERSONNEL
A. Overtime shifts will be posted for a minimum of 72 hours in the Department’s
scheduling system. During this time, employees will have the opportunity to
sign up for the overtime shift and add and/or delete their names from the
posting at any time until it closes. At the end of the posting period, the posting
will automatically close, and the most senior Police Officer will automatically be
assigned the shift. If an Officer is assigned an overtime shift, it is their
responsibility to work the shift or find a replacement in the event they can no
longer work the shift.
B. If the shift is within 72 hours of the posting, it will be posted for a shorter period
of time and the Watch Commander or Sergeant doing the posting may take the
first person that signs up for the overtime shift. Every effort will be made to limit
overtime to no more than 16 consecutive hours for officers assigned to patrol
due to safety concerns.
C. If no officer is signed up on the overtime posting, management may send a
notification to all qualified personnel regarding needed overtime which will be
assigned to the first officer responding to the notification.
D. In the event necessary staffing is not covered by regular shift assignments or
voluntary coverage, management reserves the right to fill the shift by reverse
seniority. An officer may decline the overtime shift if they have worked an
overtime shift of at least eight hours in the last fourteen days.
11.13 CONTRACT OVERTIME REMEDY PROVISION
A. The City and the Association (hereafter “parties”) acknowledge and agree that
they have met and conferred in good faith in accordance with Gov’t Code
section 3500 et. seq. concerning the definition, calculation and payment of
contract overtime as set forth in Section 11.1 of this Agreement.
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The parties further acknowledge and agree that the provisions of Section 11.1
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.
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ARTICLE 12 - OVERTIME - NON-SWORN
12.1 CONTRACT OVERTIME
A. Contract overtime is defined as all hours worked in excess of 40 hours in the
seven-day work period.
B. All paid leave hours shall be counted as hours worked for the purposes of
calculating overtime, to include Vacation, Holiday, Sick Leave, IOD (Workers
Compensation), and Compensatory Time Off (CTO).
C. All contract overtime shall be authorized by the Police Chief or designee prior to
being compensated. Contract overtime shall be paid in each pay period.
D. All non-sworn employees covered by this Agreement shall be eligible for contract
overtime pay.
12.2 FLSA/STATUTORY OVERTIME
For the purpose of complying with the Fair Labor Standards Act (FLSA) overtime
requirements under 29 USC Section 207(a), the City has adopted a dual
calculation method whereby it calculates FLSA overtime based on all hours
actually worked by overtime eligible employees 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
contract overtime paid for in 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.
12.3 COMPENSATION
A. All contract overtime as defined in Section 12.1 of this Article shall be paid in cash
at one and one half (1 1/2) the employee's base rate of pay, plus incentives as
defined below in Section 12.5, or in time off (CTO).
B. Separate and apart from the City’s contractual obligation to pay overtime in
accordance with Section 12.1 above, the City is obligated to calculate and pay, at
a minimum, FLSA overtime based on the federally defined regular rate of pay
which includes cash in lieu in compliance with the Flores v. City of San Gabriel
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decision applicable to members of POA’s bargaining unit. This calculation will be
administered in accordance with Section 12.2 above.
12.4 COMPENSATORY TIME OFF (CTO)
A. An employee who earns contract overtime as defined in Section 12.1 above may
elect compensation in the form of time off (CTO). An employee may be
compensated in cash at the rate of one and one-half (1 1/2) hours for each hour of
overtime worked. However, no non-sworn employee shall accumulate and have
current credit for more than 240 hours of CTO.
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 overtime
overage (except when scheduled in conjunction with approved vacation during the
annual vacation sign-ups).
C. Upon separation from employment with the City, the employee’s accrued CTO will
be paid out at the employee’s base rate of pay.
12.5 PAY INCENTIVES TO BE INCLUDED IN THE BASE RATE FOR OVERTIME
UNDER SECTIONS 12.1 AND 12.2 ABOVE
• Bilingual Pay
• Education Incentive
• Holiday Pay
• Training Officer Pay
• Standby Pay
• Work out of Grade Pay
12.6 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of
the employee's normal work hours, if a minimum applies as found in this article ,
then the employee has the choice of taking the minimum or taking the pay for the
work actually performed.
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12.7 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 of
the contract overtime rate. Unanticipated emergency call-backs (criminal
investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.)
will include a total 30 minutes for travel time.
12.8 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one-half of the contract overtime rate.
B. Employees required to work through the lunch break while on court duty shall
be credited with time worked. Duty free lun ch 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. If a scheduled court appearance is canceled on the day the employee is to
appear, they shall be eligible for the minimum payment in this Section.
E. Personnel placed on court standby shall be compensated a minimum of three
hours of straight time per calendar day when on court standby.
12.9 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for
such attendance. Payment shall be considered overtime and paid as such if the
hours fall within the definition of overtime.
12.10 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed three-hour minimum payment at time and one-
half of the contract overtime rate.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
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required training course requiring overnight stay. Daily meal reimbursement
provided shall be a flat $60 per day subject to the following maximum amounts
if not a full day (unless increased by City Policy).
• 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 trainings outside of the City
of SLO limits.
12.11 OVERTIME ASSIGNMENT - COMMUNICATIONS TECHNICIANS
A. A Communications Technician is able to a dd and remove their name for an
overtime shift prior to being assigned the shift; however, when the
Communications Technician is assigned an overtime shift by a supervisor, it is
their responsibility to work the shift or find a replacement in seniority order in
the event they can no longer work the shift. If there is an emergency, or another
extenuating circumstance that the employee is unable to find a replacement for
the overtime shift, the department will make an effort to help fill the overtime
shift.
B. If an overtime shift to cover holiday time or CTO time is not filled, the holiday or
CTO time off will be canceled.
C. If the overtime shift is to cover sick leave, vacation leave, training, or a vacancy,
the overtime will be mandated to the least senior person that is not working
during the hours requiring coverage, the shift prior to the or the shift after the
shift requiring coverage.
12.12 CONTRACT OVERTIME REMEDY PROVISION
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A. The City and the Association (hereafter “parties”) acknowledge and agree that
they have met and conferred in good faith in accordance with Gov’t Code
section 3500 et. seq. concerning the definition, calculation and payment of
contract overtime as set forth in Section 12.1 of this Agreement. The parties
further acknowledge and agree that the provisions of Section 12.1 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.
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ARTICLE 13 - WORK OUT-OF-GRADE
Employees temporarily assigned to work in a higher classification shall receive one step
(5.26%) additional pay but in no case more than the top step for the high er classification
under the following conditions:
A. The assignment exceeds ten consecutive workdays, or eighty consecutive
work hours, in which case the step increase becomes effective on the first
workday.
B. The person being temporarily replaced is on extended sick or disability leave
or the position is vacant and an examination is pending.
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ARTICLE 14 - STANDBY SWORN & NON-SWORN
14.1 DEFINITION
Standby is that circumstance which requires an employee assigned by the
department to: 1) be ready to respond immediately to a call for service; 2) be
readily available at all hours by telephone or other agreed upon communication
equipment; and 3) refrain from activities which might impair their assigned duties
upon call (including alcohol consumption).
The parties agree that employees on standby, as defined above, are "waiting to
be engaged." The parties further agree there is no intent to waive any individual
rights under FLSA. When an employee is engaged on the phone in excess of ten
minutes to discuss department business such time will be considered time worked.
14.2 COMPENSATION
Hourly Standby
1) Personnel placed on standby shall be compensated one -hour's pay for each
five hours standby.
2) Such employees shall be paid a minimum of three hours straight time when on
standby. Each calendar day starts a new standby period.
Investigator/Bomb Technician Weekly Standby
A. Investigators/Bomb Technicians placed on standby shall be compensated $45
per regularly scheduled workday, and $65 per regularly scheduled day off and
holiday as listed in Article 20.1.
B. Standby shall be rotated among the assigned investigators. Normally, the
standby assignment shall be for a period of one week.
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ARTICLE 15 - EDUCATION INCENTIVE
The educational incentive pay plan shall continue as described below for sworn and non-
sworn personnel for the term of this agreement.
A. BASIC BENEFITS. Education incentive pay shall not begin until one year after
employment with the City of San Luis Obispo, but credit will be given for
approved education obtained prior to that time. The basic benefit will consist
of an adjustment equal to one-half step (2.63%) above the base salary for
possession of an Intermediate POST certificate, A.A. or equivalent degree from
an accredited community or junior college, or 60 or more semester units, or a
City-approved equivalent; an adjustment equal to one full step (5.26%) for an
Advanced POST certificate, B.A. or equivalent degree from an accredited
college or university.
B. JOB RELATED FIELDS. Degrees must be either in directly job-related fields
or include at least 30 semester, or City-approved equivalent, units of job-related
coursework in the case of an A.A. degree and at least 60 semester, or City -
approved equivalent, units in the case of a B.A. Should an employee qualify
for the one-half step basic benefit by having completed 60 or more semester
units or City-approved equivalent, at least 30 of those units must be in job
related coursework. All qualifying coursework must be graded at "C" or Pass
or better. 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 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.
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D. 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 toward education incentive. The education incentive will be
removed if the employee is promoted to a position that does not entitle
employees to such incentives.
E. ADDITIONAL PROVISIONS.
1. The maximum benefit under this article is the equivalent to the one-step
increase for possession of one B.A. or equivalent degree (5.26%).
2. Sworn and non-sworn employees are eligible to participate in the Tuition
Reimbursement program as set forth in City Policy.
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ARTICLE 16 - UNIFORM ALLOWANCE
16.1 All unit members are required to wear a uniform is expected to purchase and
maintain in good repair all required uniform pieces.
16.2 The following classifications shall receive $1,000 per year uniform allowance, with
$500 issued to the employee with the first paycheck in June and $500 issued to
the employee with the first paycheck in December.
• Police Cadets
• Police Officers
16.3 The following classifications shall receive $500 per year uniform allowance, with
$250 issued to the employee with the first paycheck in June and $250 issued to
the employee with the first paycheck in December.
• Communications Technician
• Evidence Technician
• Lead Property and Evidence Technician
• Police Field Service Technician
• Police Records Clerk I
• Police Records Clerk II
• Property and Evidence Technician
16.4 New employees or employees newly eligible for the uniform incentive will receive
a prorated amount based on number of pay periods remaining in the calendar year.
16.5 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.
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ARTICLE 17 - HEALTH CARE INSURANCE
17.1 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 Section 125 “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 2021 monthly health flex allowance
amounts are:
Level of Coverage 2021 Rates
Employee Only $ 644
Employee Plus One $ 1,171
Family $ 1,543
Effective for the 2022, 2023, and 2024 premiums, the City’s total Cafeteria Plan
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).
17.2 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
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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 agr eements. In summary,
this cost and any increases will be borne by the employees.
17.3 Conditional Opt-Out
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essenti al 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 $559
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.
17.4 Dental and Vision Insurance/Dependent Coverage
Employee’s participation in the City's dental and vision plans is optional.
Employees who elect coverage shall pay the dental and/or eye premium by payroll
deductions on a pre-tax basis through the City’s Cafeteria Plan.
17.5 Long-Term Disability Insurance (LTD)
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Sworn employees are covered for Long-Term Disability Insurance through the
Association and are responsible for premium payments. Non -sworn employees
continue to be covered under the City’s Long-Term Disability Insurance Program.
17.6 Life Insurance and Accidental Death and Dismemberment (AD&D) Insurance
Employees shall pay for Life and AD&D insurance coverage of Thirty-five
Thousand Dollars ($35,000) through the City’s Cafeteria Plan.
17.7 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:
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
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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 this consultation, provided that the City has approved the
consultation and fees in advance.
17.8 Health Insurance for Unit Member Survivors
The City shall maintain and pay for the existing level of health, dental and vision
benefits for one (1) year for the surviving family of an active employee who dies as
a result of a job-related illness or injury.
17.9 Fitness Program
To the extent the Association wishes to discuss implementation of a Fitness
Program with the City during the term of this agreement, the Association will
provide the City with a written proposal setting forth the specifics of the Fitness
Program. Upon receipt of the Association’s requ est the City will meet with the
Association representatives to discuss the terms and conditions of the proposed
Fitness Program.
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ARTICLE 18 - RETIREMENT
18.1 PERS Contracts
A. “Classic Members First Tier” employees hired before December 6, 2012.
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, conversion of unused sick leave credit to additional retirement
credit, and Pre-Retirement Optional Settlement 2 Death Benefit.
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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.
18.2 Member Contributions
A. “Classic Members – First and Second Tier”
Effective January 1, 2000, 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 January 2014, all sworn and non-sworn employees
shall contribute 3.0% of salary directed to the employers’ normal pension cost in
addition to the employee contribution defined in the paragraph above. Effective
the first full pay period July 2019, all sworn and non -sworn personnel’s additional
contribution shall increase to 4.5% in addition to the employee contribution defined
in the paragraph above. Effective th e first full pay period in July 2020, all sworn
and non-sworn personnel’s additional contribution shall increase to 6.0% in
addition to the employee contribution defined in the paragraph above. These
additional contributions are in accordance to the provi sions of AB 340 § 7522.30
and §20516
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All of the employee contributions are made on a pre-tax basis as allowed under
the Internal Revenue Code § 414 (h) (2).
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 to 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).
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ARTICLE 19 - SENIORITY
19.1 Overall seniority in a specific job classification (i.e., Police Officer, Communications
Technician, Field Service Technician, Evidence Technician, Police Records Clerk,
etc.) will prevail as the standard. All days off, vacation, holidays, and shift
selections will be determined by overall seniority in a specific job classification, in
compliance with department policy. The department will continue to designate the
shifts to be available, including the days off and shifts starting and stopping times.
Employees will choose from those shifts designated by the department as
available.
19.2 Seniority as it applies to special assignments for the officers will also fall under this
standard regardless of seniority in the special assignment. This shall include all
current incumbents in specialty assignments as outlined in Article 8.
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ARTICLE 20 - HOLIDAYS
20.1 The following thirteen days of each year are designated holida ys for non-shift
employees as defined in Appendix A:
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 – Indigenous Peoples Day
November 11– Veteran's Day
Fourth Thursday in November – Thanksgiving Day
Friday after Thanksgiving Day
December 25 – Christmas
One-half day before Christmas
One-half day before New Year's
20.2 When a holiday falls on a Saturday, the preceding Friday shall be observed. When
a holiday falls on a Sunday, the following Monday shall be observed. The Police
Chief or designee may make the final determination as to whether the Holiday must
be worked.
20.3 Non-shift employees (As defined in Appendix A) receive the equivalent of 104
hours of holiday leave in the first pay period in January of each year. Non-shift
employees’ remaining holiday leave, not to exceed 52 hours, as of the last pay
period in December will be paid to the employee at the straight time rate. Holiday
leave hours shall be pro-rated when an employee is appointed or leaves
employment during the calendar year. The employee’s final check will be adjusted
to reflect the pro-rated hours.
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20.4 Each Shift employee shall earn 4.33 hours of holiday leave semi -monthly, in lieu
of fixed holidays. Such employees shall receive payment at straight time hourly
rate not including any incentive pays for a portion of their earned holiday leave (2.0
hours) each bi-weekly payroll period.
20.5 The remainder of the Shift employee’s annual holiday leave (52 hours) shall be
advanced to the employee effective the first payroll period in January of each year.
Such holiday leave may be taken off by the employee with the approval of the
Police Chief or his designee.
20.6 Each calendar quarter, a Shift employee has the option of receiving payment for
one-fourth (1/4) of their 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 December 31st 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 their prorated share, the value of the overage
will be deducted from the employee’s final paycheck. Conversely, if an employee
terminates for any reason, having taken off hours less than their prorated share,
the monthly prorated amount will be cashed out on the employee’s final paycheck.
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ARTICLE 21 - VACATION
21.1 Full time employees shall accrue vacation leave with pay at the rate of 96 hours
per year of continuous service since the benefit date for the first five years, 120
hours per year upon completion of five years, 144 hours pe r year upon completion
of 10 years, and 160 hours upon completion of 20 years.
21.2 All employees may accrue a maximum of vacation time not to exceed twice their
annual rate.
21.3 Vacation Cash Out
All employees in this unit are eligible, once annually in December, to request
payment for up to 80 hours of unused vacation leave . Payment for unused
vacation leave is subject to the availability of budgeted funds.
To request payment for unused vacation leave, employees must submit an
irrevocable election form to Payroll in December of each year, prior to the pay
period that includes January 1 of the year the cash out is to be paid, to receive
payment for accrued vacation effective on the pay period that includes January 1st
of the following calendar year, subject to IRS regulations. Late irrevocable election
forms will not be accepted, nor can they be changed after the deadline. The
remaining unused leave shall remain in the employee’s vacation accrual bank.
The hours which are paid out are hours which will be accrued in following year.
21.4 Communications Technician Vacation Assignment
See Article 39 - Work Schedules, Section 39.3.II for details on vacation shift sign
up for Communications Technicians.
21.5 Patrol Vacation Assignment
Prior to or on November 1st, one Master Vacation Schedule shall be posted for
signup for the following calendar year. The Master Vacation Calendar will close
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two weeks prior to the start of the winter rotation and will cover winter, summer,
and fall rotations. Time off shall be given based on seniority as follows:
Watch Includes
Day Watch Patrol Team 1/2
Day Watch Specialty Traffic, CAT, Day Metro
Night Watch Patrol Team 3/4 & Night Metro
Night Watch Swings Team 5
The Master Vacation Schedule shall provide the following:
Day Watch – A maximum of two Officers from each Day Watch Patrol team and a
maximum of two Officers from Day Watch Specialty shall be granted priority
vacation for the following year. If the total number of Day Watch Specialty Officers
is 5 or less due to a staffing shortage (positions are frozen, unfilled or sent back to
Patrol), only one Day Watch Specialty Officer will be granted priority vacation for
the following year.
Night Watch – A maximum of two Officers from each Night Watch Patrol team
(Night Watch Metro is included in Team 3/4) and a maximum of one Officer from
Night Watch Swings shall be granted priority vacation for the following year. If less
than two Night Watch Patrol Officers request priority vacation on a given date, a
second Officer from Night Watch Swings shall be granted priority vacation on that
date.
The Department, under normal circumstances, dependent upon staffing level
needs, may accommodate additional Officer use of accrued leave. Acc rued leave
includes compensatory time, vacation leave and/or holiday leave. The department
shall make every effort to grant such requests subject to operational staffing needs
and such requests shall not be unreasonably denied.
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ARTICLE 22 - SICK LEAVE
22.1 Sick leave is governed by Section 2.36.420 of the Municipal Code.
22.2 Upon 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 by death of the employee a
percentage of the dollar value of the employee’s accumulat ed sick leave will be
paid to the designated beneficiaries according to the following schedule:
A. Death unrelated to the job – 50%
B. Retirement and actual commencement of PERS benefits:
• After twenty years of continuous employment – 20%
• After twenty-five years of continuous employment – 25%
• After thirty years of continuous employment – 30%
C. Job related death or 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
disability retirement. This provision is intended to reiterate past practice and to
exercise the employer’s rights under Government Code, Section 21163.
E. Employee use of sick leave shall be deemed confidential a nd not subject to
reporting in monthly or annual personnel evaluations without proof of abuse.
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ARTICLE 23 - FAMILY LEAVE
23.1 An employee may take up to 48 hours of sick leave per calendar year if required
to be away from the job to personally care for a member of their family.
23.2 An employee may take up to 56 hours of sick leave per calendar year if the family
member is part of the employee's household and is hospitalized. The employee
shall submit written verification of such hospitalization.
23.3 “Family member” is defined as:
1) A child, which for purposes of this article means a biological, adopted, or foster
child, stepchild, legal ward, or a child to whom the employee stands in loco
parentis. This definition of a child is applicable regardless of age or dependency
status.
2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an
employee or the employee’s spouse or registered domestic partner, or a person
who stood in loco parentis when the employee was a minor child.
3) A spouse.
4) A registered domestic partner.
5) A grandparent.
6) A grandchild.
7) A sibling, step-brother, or step-sister.
8) Any other relative living in the same household.
9) Or any other relative as defined by Labor Code 233 and/or Assembly Bill 1522.
23.4 The amounts shown above are annual maximums, not maximums per qualifying
family member.
23.5 In conjunction with existing leave benefits, unit members with one year of City
service who have worked at least 1,250 hours in the last year may be eligible for
up to 12 weeks of Family/Medical leave within any 12-month period. If eligible for
Family/Member Leave, employees must use all available sick, vacation,
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compensatory time off, and holiday prior to receiving unpaid Family/Medical Leave.
Further details on Family/Medical Leave are available in the City’s Family and
Medical Leave Policy.
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ARTICLE 24 - BEREAVEMENT LEAVE
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 relative living in the same household, provided such leave as
defined in this Article shall not exceed 40 hours for each incident. The employee may be
required to submit proof of relative's death before being granted sick leave pay. False
information given concerning the death or relationship shall be cause for discharge.
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ARTICLE 25 - CATASTROPHIC LEAVE
Employee’s may be eligible to receive and/or donate accrued paid time off in
accordance with the provisions in the City’s Catastrophic Leave Policy.
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ARTICLE 26 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with
State Workers' Compensation law and is not eligible for disability payments under Labor
Code Section 4850 shall be paid the difference between their base salary and the amount
provided by Workers' Compensation law during the first 90 business days of such
disability absence.
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ARTICLE 27 - JURY DUTY AND MILITARY LEAVES
27.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury,
and when not excluded there from, or when subpoenaed to appear as a witness
at any trial, shall be compensated for the time required to be spent under the
jurisdiction of the court by an amount equal to the difference between the pay they
received as a juror and their 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.
Non-sworn employees assigned to night shift and called to serve on a jury or
subpoenaed to appear as a witness at any trial, may request the supervisor to flex
their schedule within the work period to accommodate the required jury duty. In
the event the supervisor is unable to flex the work schedule and the employee is
required to report to jury duty on the same day they are scheduled to work, they
will report the number of hours spent on jury duty to the supervisor and will be
allowed to begin their shift an equal number of hours later. In this case, the
employee will 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 they
received as juror/witness and their regular daily rate received from the City.
27.2 MILITARY LEAVE
Any line-item employee shall receive normal salary and fringe benefits during the
first thirty days of any period of temporary military leave. Such compensation shall
not exceed thirty calendar days in any one fiscal year. Any temporar y military
leave in excess of thirty days in one fiscal year shall be taken as vacation leave or
leave of absence without pay.
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ARTICLE 28 - GENERAL PROVISIONS
28.1 Payday
Paychecks will be disbursed on a bi-weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
28.2 Salary Survey Agencies
For the purposes of external comparisons, the agencies to be used for review of
compensation shall be:
• Gilroy
• Monterey
• Napa
• Petaluma
• Pleasanton
• Salinas
• Santa Barbara
• Santa Cruz
• Santa Maria
Parties agree that this survey shall be based on total compensation and shall only
be one of the considerations used to determine compensation.
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ARTICLE 29 - RESIDENCY REQUIREMENTS
An officer's place of residence shall be within a one and one-half (1 ½) hour driving radius
from the San Luis Obispo Police Department.
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ARTICLE 30 - PROMOTIONAL POLICY
Promotions from Police Officer to Police Sergeant shall be subject to the following:
A. Job Announcement. When the Police Department notifies the Department of
Human Resources of a Sergeant position vacancy, the Department of Human
Resources will publish a job announcement. The job announcement will identify
the selection procedure, which includes the application process, test components
with their weights expressed as a percentage of the total score, and tentative dates
of the testing schedule. Whenever available, the City will iden tify study materials
at least 60 days in advance of a test.
B. Application Process. A completed City application must be received in the
Department of Human Resources by the filing deadline.
C. Testing Components.
A. Written Test: The written test will count as 30% of the final score.
1. A standardized written test with performance category questions to include
department policies and procedure, state law, applicable case law and basic
supervisory techniques. If available, the City will provide a list of suggested
study materials. The written test will be prepared by an outside third party
that specializes in preparing such type exams.
2. A score of 70% or better on the written test will enable a candidate to
proceed in the testing process. A score below 70% will disqualify a
candidate from further consideration.
3. All candidates will have the right to review with a representative from the
Department of Human Resources their own written test results so that the
candidate may have the opportunity to improve in the future.
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4. The Chief or their designee will review the test before it is given to ensure
that the exam contains material relevant to a supervisory position in San
Luis Obispo.
B. Assessment Center will count as 70% of the final score.
1. The Assessment Center may consist of 2 or more exercises. One of these
exercises will be a traditional oral board interview. Other exercises may
include a situational role-playing, oral resume, simulation exercises; and a
supplemental questionnaire to assess written communication, critical
thinking, problem solving and leadership skills, or other testing instruments
as determined by the Human Resource Director in consultation with the
Police Chief. The Human Resources Director shall determine the weight of
each Assessment Center activity. In no case shall the oral interview count
less than 70% of the total Assessment Center score.
2. The panel of evaluators will consist of the following: at least three external
members consisting of two (2) law enforcement members and one (1) non -
law enforcement and as many City employees as deemed appropriate by
the Director of Human Resources in consultation with the Chief of Police.
C. Chief of Police Review:
1. Sworn SLOPD Staff members will be required to complete a Staff evaluation
form for each candidate. Staff evaluation form will consist of five categories
for each candidate. The categories will be created by the Police Chief (or
designated representative) in consultation with the Director of Human
Resources.
2. There will be four possible scores for each category on the evaluation form.
The last section of the evaluation form will allow for comments on the
following two topics: “Candidates Strengths” “Candidates Weakness(es)”.
Staff evaluation forms are not weighted and are advisory to the Chief of
Police.
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3. Subject to the approval of the Police Chief, if supervisor feels they is unable
to conduct an impartial evaluation due to unfamiliarity with a given applicant,
they may opt not to evaluate the candidate but will be required to document
the lack of familiarity on the evaluation form.
4. Sworn personnel of the same or lessor rank will have the opportunity to
participate in the evaluation process on a voluntary basis. Peer evaluation
forms will be the same format as the Staff evaluation forms. The preparer
of the peer evaluation form will be anonymous. Peer evaluation forms are
not weighted and are advisory to the Police Chief.
5. The Police Chief will meet with all department supervisors who are capable
of attending the monthly staff meeting to discuss candidates. All
supervisors in attendance will be allowed to provide input about each
candidate.
6. The Chief shall review the candidate’s personnel files, the completed Staff
evaluation forms, Peer evaluations forms and take into consideration
comments provided at the Staff meeting prior to making an appointment.
D. Final Selection.
A. Upon completion of the testing process, the Department of Human Resources shall
tabulate the scores.
B. Candidates will be ranked by total score. Candidates scoring below 70% will be
ranked unqualified and not placed on the eligibility list. Each candidate will be
individually given their score in writing. Candidates who are ranked 1 through 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 appointment by the
Police Chief.
C. Final selection by the Police Chief will be in accordance with the City’s Personnel
Rules and Regulations. The Police Chief will conduct a final selection interview
with the top three candidates (plus one for each additional vacancy over one).
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D. The eligibility list shall be valid for one year unless extended, in accordance with
the City’s Personnel Rules and Regulations. The timing of establishing a new
eligibility list will be subject to the department’s goal of maintaining a current
eligibility list at all times in order to fill projected vacancies.
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ARTICLE 31 - PERFORMANCE EVALUATIONS
31.1 All regular full-time employees shall receive an annual written performance
evaluation from their supervisor within thirty (30) days of the employee’s
anniversary date absent exceptional circumstances. All regular full-time
employees shall also receive rotational written performance feedback from their
supervisor, except for those employees that do not rotate supervisors (e.g.
Records Clerks) or employees on special assignments (e.g. DT bikes, CAT).
31.2 The performance evaluation scale consists of the following three categories:
Exceeds Performance Standards, Meets Performance Standards, and Below
Performance Standards. For purposes of uniformity in the performance evaluation
process, the following definitions are provided:
Exceeds Performance Standards: Results show achievements which are valuable
to the organization and are beyond the principal job objectives. Such performance
exceeds what is reasonably expected of an individual in this job classification who
is fully performing the position responsibilities.
Meets Performance Standards: Results show principal job responsibilities are fully
performed as expected from a well-trained and motivated individual.
Below Performance Standards: The individual does not meet position
responsibilities as expected based on job complexity and/or length of tenure in the
position.
31.3 All regular full-time employees shall receive their annual step increase after
completion of the annual written performance evaluation indicating an overall
rating of at least “Meets Performance Standards”. If eligible, the step increase will
be effective on the employee’s anniversary or promotional date. Police Cadets do
not receive written performance evaluations from the City as they are evaluated by
the Academy in which they are enrolled.
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31.4 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 shall have 30 days within which to file a written response to any
evaluation and/or adverse comment entered in their personnel file. Such written
response shall be attached to, and shall accompany, the adverse comment.
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ARTICLE 32 - GRIEVANCE PROCEDURE
32.1 A grievance is defined as an alleged violation, misinterpretation or misapplication
of the Employer-Employee Resolution, the Personnel Rules and Regulations, this
MOA or any existing written policy or procedure relating to wages, hours or other
terms and conditions of employment excluding disciplinary matters. A grievance
filed by an individual employee should be clearly identified as a formal grievance.
This will be accomplished through the use of a formal grievance form (See
Appendix B).
32.2 Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. A formal grievance should
be filed only after the employee has attempted to resolve the disagreement with
their immediate supervisor. As a courtesy, the employee should advise their
supervisor of any intention to file a formal grievance. This action must take place
within 15 business days of the occurrence of the grievance. Employees may be
accompanied by a representative at each step of the process. If a specific action
to be grieved affects several employees, those employees may consolidate their
grievances and be represented.
32.3 Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate
supervisor should discuss the grievance with the supervisor’s immediate
superior. 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 Chief for consideration, stating the facts on which it was based,
including the 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 of the occurrence of the grievance.
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32.4 After consideration of a formal grievance, which could include consultation and/or
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 of their decision. If the employee accepts the Chief’s decision, the
grievance shall be considered terminated.
32.5 If the employee is dissatisfied with the Chief’s decision, the employee may
immediately submit the grievance in writing to the Human Resources Director
within five business days of receiving the Chief’s decision. The Human Resources
Director shall confer with the employee and the Chief and any other interested
parties and shall conduct such other investigations as may be advisable.
32.6 The results or findings of such conferences and investigations shall be submitted
to the City Manager in writing within fifteen 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
fifteen business days of receiving the Human Resources Director’s results and
findings. Such decision shall be final unless the employee requests an appeal of
the decision.
32.7 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 City
Manager’s decision to submit a written request to the Human Resources
Director for review of the decision. The Human Resources Director will obtain
a list of 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.
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B. Within thirty business days the hearing officer shall review the record and
conduct a hearing on the matter. Within ten business days the hearing officer
shall render a decision, which shall be final and binding.
C. Any dispute regarding the eligibility of an issue for the grievance process may
be appealed through the process ultimately to the Hearing Officer who shall
decide on the eligibility prior to ruling on the merits.
D. Any fees or expenses of the Hearing Officer shall be payable one -half by the
City and one-half by the appellant.
32.8 Provided that implementation processes are correctly followed, amending the
Employer-Employee Resolution or the Personnel Rules and Regulations or
creating new or amended written policies or procedures may not be grieved but
shall first be subject to notice and consultation or meeting and conferring with the
Association as provided in the Employer–Employee Relations Resolution, MOA
Article 36 “Notice to the Association”, and/or by State Law.
32.9 Disciplinary matters are excluded in Section 32.1. 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 33 - LAYOFFS
33.1 Layoffs shall be governed by job performance and seniority in service within the
department and job classification. For the purpose of implementing this provision,
job performance categories shall be defined as follows:
Category I:
Performance that is Unacceptable or Improvement Needed or Below Performance
Standards.
Performance defined by this category is evidenced by the employee's two most
recent performance evaluations with an overall rating that falls within the lowest
two categories of the performance appraisal report.
Category II:
Performance that Meets Performance Standards, Exceeds Performance
Standards, or is Outstanding.
Performance defined by this category is evidenced by an employee's two most
recent performance evaluations with an overall rating that falls within the top three
performance categories of the performance appraisal.
33.2 A regular employee being laid off shall be that employee with the least seniority in
the particular job classification concerned who is in the lowest job performance
category. Employees in Category I with the lowest seniority will be laid off first,
followed by employees in Category II. Should the two performance evaluations
contain overall ratings that are in the two different Categories as defined above,
the third most recent evaluation overall rating shall be used to determine which
performance category the City shall use in determining order of layoffs.
33.3 The parties agree that employees who are laid off pursuant to this Article shall
have reemployment rights prior to the employment of individuals on an open or
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promotion list. The employee to be rehired must, at the time of rehire, meet the
minimum qualifications as stated in the appropriate class specifications.
Employees will be rehired on the basis of last out, first in.
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ARTICLE 34 - WORK ACTIONS
34.1 The City and the Union understand and agree that participation by members of the
bargaining unit in a strike or a concerted work stoppage presents an imminent
threat to public health or safety and is therefore unlawful. The City and the Union
further understand and agree that the Union will not in any way encourage or
support members of the bargaining unit to hinder, delay, interfere with, nor coerce
employees of the City to hinder, delay, or interfere with, the peaceful performance
of City services by strike, concerted work stoppage, cessation of work, slow-down,
sit-down, stay-away, or unlawful picketing.
The City and the Union further understand and agree that members of the
bargaining unit will not be locked out or prevented by management officials from
performing their assigned duties when such employees are willing to perform such
duties in the customary manner and at a reasonable level of efficiency.
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ARTICLE 35 - COMMUNICATION PROCESS
35.1 Conferences
There will be meetings as needed between the Chief of Police and management
member(s) and at least two Association representatives to discuss problems or
other subjects of mutual interest. Minutes of the meeting will be maintained to
reflect topics discussed, actions to be taken, the party responsible for any action
and the expected completion date.
35.2 Quarterly Meetings
Two to four representatives of the Association, the City Manager (or designee),
Chief of Police (or designee), and management representative(s) designated by
the City will meet quarterly if there are issues of concern to the parties. No issues
will be brought to this quarterly meeting without first having been discussed with
the Chief of Police at a previous conference.
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ARTICLE 36 - NOTICE TO THE ASSOCIATION
Prior to making changes directly and primarily relating to matters within the scope of
representation, the City shall give the Association advance notice and the opportunity to
meet and confer with City representatives prior to making the change(s).
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ARTICLE 37 - EQUIPMENT
A. The City agrees to provide each sworn employee of the Association a n accumold
basket weave duty gun belt as their primary duty gun belt. Upon request, the City
also agrees to provide each sworn employee of the Association a smooth nylon
utility belt and related accessories. The smooth nylon utility belt will only be worn
as directed by the Chief of Police. The nylon basket weave duty gun belt and nylon
smooth utility belt will become the property of the employee and the emp loyee
agrees to maintain these pieces of equipment.
The accumold utility belt will consist of a belt, handcuff case, chemical spray
holder, chemical spray, baton holder (to fit the baton carried by the employee),
taser holster (to fit the taser used by the department), magazine case (to fit the
magazines carried by the employee), holster (to fit the weapon carried by the
employee), radio holder (to fit the radio carried by the employee), and four belt
keepers. Any other accessories will be the responsibility of the employee.
B. All appropriate classifications shall be issued A-Level IIIA Ballistic Helmet with riot
face shield fixed.
C. All appropriate classification shall be issued a chemical protective breathing mask
fitted with belt mounted carrying bag. All protective masks shall be in compliance
with CalOSHA minimum standards including employee training.
D. Non-sworn employees not subject to assignments necessitating helmets/chemical
masks 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. Patrol rifle fitted with a sling and stock mounted weapon light.
G. Each marked police unit assigned to unit members shall be equipped with a 40mm
Less Lethal Kinetic Energy Impact Munition Launcher fitted with a sling.
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Notwithstanding the above, the City retains the right to select the specific
equipment necessary to fulfill its obligation to provide necessary and appropriate
safety equipment.
H. All department owned firearms and personally owned primary duty firearms are to
be subject to annual inspection by a certified department armorer or independent
Gun Smith. The certified department armorer or independent Gun Smith shall
provide an inspection report for each firearm inspected. Firearms with noted
defects, wear and tear, or questionable serviceability shall be replaced and not
returned to service.
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ARTICLE 38 - TEMPORARY MODIFIED DUTY
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 Lexipol Policy
#1052.
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ARTICLE 39 - WORK SCHEDULES
39.1 Patrol 3/12 Work Plan
A. In an effort to improve scheduling, the Chief of Police implemented a 3/12 Work
Hour Plan.
B. The basic work pattern for sworn officers on patrol shall be three 12 -hour days
each week, plus assigned pay back. Swing shift officers shall be assigned to
work a 4/10 shift. Employees will normally be assigned to work 160 hours in a
28-day work cycle. In addition, employees who attend shall be compensated
for briefing time.
C. If an employee does not work the full 160 hours in a 28-day work cycle, the City
shall deduct the unworked hours from an employee’s accrued holiday or
vacation balances, unless the unworked hours result for reasons of excused
paid absence or because the City did not assign a pay-back shift.
39.2 Shift Adjustment
Management and the POA reaffirm that scheduling is a management
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 this
guideline and remain the discretion of the Unit Supervisor or Bureau
Commander.
D. Whenever volunteers cannot be located, Officers assigned will be chosen
sequentially by seniority.
E. Generally, no more than two Officers per shift should be ordered to adjust
unless a specific event necessitates it.
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F. 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.
G. An Officer authorized to shift adjust will not suffer loss of briefing pay or 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 continuation
unless it is necessary to insure the Officer has adequate rest. If court or another
assignment prevents an Officer from getting proper rest between shifts, the
Officer and the Watch Commander may arrange a shift adjustment to meet this
need. With approval, the Officer could opt to use adjusted court time towards
normal work hours instead of overtime, or to adjust shift start time up to four
hours. In cases where the Watch Commander determines an adjustment is
warranted but does not have sufficient manpower, they are 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 articulated above.
K. It is noted that either party may reopen these issues at the time of contract
renewal.
39.3 Communications Technician 3/12 Work Schedule
I. SHIFT ASSIGNMENTS:
A. Work shift assignments will consist of Day Watch and Day Watch relief, 0700
hours-1900 hours, Night Watch and Night Watch relief, 1900 hours-0700 hours
(with the exception of shift adjustments as defined in Section VI).
B. The work schedule is defined as eighty (80) hours during a fourteen (14) day
schedule. The eighty-hour work period shall consist of a total of six (6) twelve
(12) hour shifts with one eight (8) hour payback shift. Days off shall be in
conjunction with the employee’s work schedule and not split unless there is
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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 normal
work hours in conjunction with workdays by seniority.
D. Every employee shall sign up for a relief shift before another employee is
assigned to work a second relief shift.
1. The day watch relief will be assigned to cover absences for
Communications Technicians on day watch and the night watch relief
will be assigned to cover absences for Communications Technicians on
night watch. Relief will only be assigned to cover the opposite shift by
seniority (e.g. day covers for night) when staffing vacancies exist or
when necessitated by special events or circumstances (e.g. Mardi
Gras). Permanent and temporary shift vacancies may be staffed by
reassignment of the relief shift with seven (7) days prior notice or by
voluntary 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
schedules shall be compensated for hardship duties by receiving five
(5%) percent additional salary while assigned.
II. SHIFT SIGN UP:
A. The Communications Manager will post the annual shift and leave sign up
schedule by September 15th each year for the following year. Communication
Technicians sign up for shift selection, selected days off, vacation,
compensatory time off (CTO) and holiday time.
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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 the
schedule to make their selection for work shifts, days off and annual vacation
accrual. Employees are entitled to sign up for the total of their annual accrual
of vacation time utilizing coding “V".
1. Communications Technicians will sign-up for “V” days with the
expectation that the center is fully staffed and the relief from that wa tch
is 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
event of unit vacancies after the master schedule is completed.
D. Once all unit employees have had the opportunity to sign up for their maximum
accrual of vacation time, they shall be entitled to again sign up by seniority for
all accrued compensatory time off (CTO), holiday hours and previou sly
unselected leave time they will have accumulated by the date requested.
Compensatory time off shall be coded “CTO", holiday leave and all other
previously unselected leave time shall be coded “H".
1. Second draft CTO, holiday and previously unselected leave time may
be granted and overtime considered for unit vacancies. Overtime will
be posted to accommodate such leave requests. Should the overtime
remain unfilled, the requested leave time shall be cancelled.
2. In the event that scheduled CTO time is cancelled, the affected
employee shall be paid for the CTO hours scheduled, work the shift and
be compensated with overtime as defined in Section 11.3.
E. The Communications Manager shall approve leave time by seniority and post
same on the electronic schedule by the start of each rotation.
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F. Employees generally will not be allowed to work more than two consecutive
shift assignments without rotation to an alternate shift. The Communications
Manager may consider requests to work more than two consecutive rotations
for hardship and educational purposes. In no case will a senior employee be
adjusted from shift preference without their consent to 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 affected
employees within one week of posting the tentative schedule. Requests
will be forwarded through the chain-of-command for a final decision by
the Bureau Commander or designee. If approved, affected employees
will also trade seniority for selection of days off. For scheduling
purposes, the 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:
A. If an employee is reassigned to a long-term vacancy and the absent employee
returns to duty, both employees shall return to their originally selected shift.
B. In the event of a staffing vacancy the reassigned employee who was
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 designated
shift, the employee may elect to receive work credit for either shift to meet
rotation requirements.
IV. SHIFT TRADE:
A. All requests for shift trades between employees shall be submitted utilizing the
Substitute Work Agreement form. Requests will be approved by a Bureau
Commander or designee.
V. LEAVE TIME CANCELLATION:
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B. In the event an employee opts to cancel scheduled time off, they will by email
notify the Communication Manager. The Communication Manager will by
email, notify all unit members of the available cancelled leave time. By seniority,
employee’s junior to the employee canceling leave time may request time off
utilizing the cancelled dates. If the cancelled time was priority signup, the
department shall grant such time off with the same consideration as originally
scheduled as outlined in II. C., as long as the employee has the vacation time
and does not exceed their annual allotment. If the cancelled leave time was
secondary signup, the overtime consideration articulated in II. D. shall be
applied.
VI. SHIFT ADJUSTMENTS:
A. Shift adjustments on a regular scheduled day required to staff Communication
Technician vacancies or sick leave will not exceed four (4) hours without the
consent of the affected employee. When shift adjustments are required, there
shall be a minimum of ten (10) hours between shifts without loss of
compensation.
B. In any situation necessitating a shift adjustment, volunteers will first be sought.
Whenever volunteers cannot be located, employees will be chosen
sequentially by seniority.
1. At least fourteen (14) days’ notice will be given on planned leave.
2. An employee authorized to shift adjust will not suffer loss of briefing pay
or other normal benefit.
C. The Communication Manager and/or Supervisors shall notify employees via
email of all changes made to their work schedule at the time 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)
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shall be provided, as staffing permits. Breaks may be taken using any
combination of the total time allowed. Meal and rest periods (breaks) are
subject to interruption and must be taken within the building.
39.4 Field Service Technicians assigned primarily to field duties will receive a 30-minute
paid lunch break as part of their regular shift as staffing and calls permit. They will
remain subject to call and interruption during their lunch period.
39.5 Investigations – Division Work Schedule
A. Investigators may participate in a 4/10 work schedule in accordance with the
City’s alternate work schedule policy. The schedule will include a 30 minute
paid lunch as part of their regular shift as staffing and calls permit. Investigators
will remain subject to call and interruption during their lunch period.
B. The Investigative Lieutenant will determine the work days and hours for those
employees who work the 4/10 schedule based on the coverage needs of the
entire 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 do so as part of their regular shift hours.
39.6 Other division/assignments may be provided alternate work schedules under the
following language:
Employees may request that the Department Head or their designee consider
alternate work schedules. Examples of alternate work schedules include 4/10
schedules, 9/80 schedules, 12-hour schedules, flexible schedules, etc. Alternate
schedules may provide for paid or unpaid lunch periods of 30, 45 or 60 minutes .
Except in cases of emergency, employees will be provided advance notice of at
least thirty calendar days prior to having an alternate work schedule discontinued.
Such notice does not apply to moving between alternate schedules, temporary
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schedule changes, flexible schedules, etc. If an alternate schedule is
discontinued, the Department will notify the Association of the reason(s) for ending
the schedule.
Employees on flexible/alternate schedules shall continue to accrue time on the
standard eight (8) hour day. Accrued leave shall be charged based on the number
of hours missed due to a flexible schedule.
Flexible/alternate schedules implemented for non-sworn employee(s) may have a
different FLSA seven (7) day work cycle established. Once established, the FLSA
work schedule shall not be changed on a frequent or routine basis.
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ARTICLE 40 - SWAT OPERATOR LUCA BENEDETTI FITNESS INCENTIVE
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 $575 per
member. To request reimbursement, the SWAT team member completes a memo
requesting the reimbursement, attaches the receipt, and submits the documentation to
the SWAT Team Command for approval. That memo is then forwarded to the Department
Fiscal Officer and to Finance for processing. 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.
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ARTICLE 41 - TRAUMATIC INCIDENTS
Employees involved in a traumatic critical incident as defined by Department Policy,
where the employee may be subject to investigation, shall be advised of their right to
representation.
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ARTICLE 42 - NO DISCRIMINATION
42.1 There shall be no discrimination by the City of San Luis Obispo in employment
conditions or treatment of employees on the basis of race, religion, sex (including
gender, gender identity, gender expression, transgender, pregnancy and
breastfeeding), national origin, ancestry, disability, medical condition, genetic
characteristics or information, marital status, age (40 years and older), or sexual
orientation (including homosexuality, bisexuality, or heterosexuality), military or
veteran status, denial of family and medical care leave, association membership
or non-membership, or participation in the activities of the Association.
42.2 There shall be no discrimination by the San Luis Obispo Police Officers Association
in treatment of employees on the basis of race, religion, sex (including gender,
gender identity, gender expression, transgender, pregnancy and breastfeeding),
national origin, ancestry, disability, medical condition, genetic characteristics or
information, marital status, age (40 years and older), or sexual orientation
(including homosexuality, bisexuality, or heterosexuality), military or veteran
status, denial of family and medical care leave, association membership or non-
membership, or participation in the activities of the Association.
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ARTICLE 43 - STAFFING
The current number of positions in the Police Department represented by the Association
is Forty-Six (46) Police Officers, Eleven (11) Communication Technicians, Two (2) Police
Field Service Technicians, Five (5) Police Records Clerks, One (1) Property and Evidence
Technician, One (1) Lead Property and Evidence Technician, 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 the Association on the impacts of any such changes.
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ARTICLE 44 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City
and the Association except as specifically referred to in this Agreement. The parties, for
the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to
meet and confer with respect to any terms and conditions of employment specifica lly
referred to or covered in this Agreement. If, during the term of this Agreement, the City
proposes changes to terms and conditions of employment not covered by this Agreement
and/or introduces new terms and conditions of employment that fall within th e statutory
scope of bargaining, the Association will be afforded written notice of such proposed
changes and the right to meet and confer upon request prior to implementation of the
proposed changes.
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ARTICLE 45 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any
court of competent jurisdiction, or if compliance with or enforcement of any provision
should be restrained by any tribunal, the remainder of this Agreement shall not be affected
thereby, and the parties shall enter into a meet and confer session for the sole purpose
of arriving at a mutually satisfactory replacement for such provision within a 30 -day work
period. If no agreement has been reached, the parties agree to invoke the provision of
impasse under Resolution 6620.
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ARTICLE 46 - RENEGOTIATIONS
If either party wishes to make changes to this Agreement, that party shall serve upon the
other its written request to negotiate. Such notice and proposals must be submitted to
the other party not less than 105 days prior to the end of the Agreement. If notice is
properly and timely given, negotiations shall commence no later than 90 days prior to the
end of the Agreement.
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ARTICLE 47 - TERM OF AGREEMENT
This Agreement shall become effective July 1, 2021, and shall continue in full force and
effect until expiration at midnight, June 30, 2024.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are
shown in Appendix “A”.
2. This Agreement does not apply to supplemental employees. This Agreement
was executed by the following parties:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
POLICE OFFICERS’ ASSOCIATION
_________________________________ ________________________________
Richard Bolanos, Chief Negotiator Stuart D. Adams, Chief Negotiator
_________________________________ ________________________________
Nickole Domini, Interim HR Director Chris Chitty, SLOPOA President
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APPENDIX A - CLASSIFICATION
Non-Sworn Classifications
Communications Technician
Evidence Technician*
Lead Property and Evidence Technician*
Police Field Service Technician*
Police Cadet
Police Records Clerk I*
Police Records Clerk II*
Property and Evidence Technician*
* Denotes Non-Shift classifications
Sworn Classifications
Police Officer
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APPENDIX B - GRIEVANCE FORMS
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APPENDIX C – SALARY RANGE LISTING
Salary Range Listing - July 2021 - June 2024
JULY 2021
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Communications Technician 2,515$ 2,647$ 2,786$ 2,933$ 3,087$ 3,249$ 3,420$
Evidence Technician 3,292$ 3,465$ 3,647$ 3,839$ 4,041$ 4,254$ 4,478$
Lead Property and Evidence Technician 2,500$ 2,632$ 2,771$ 2,917$ 3,071$ 3,233$ 3,403$
Police Cadet 3,024$
Police Field Service Technician 2,405$ 2,532$ 2,665$ 2,805$ 2,953$ 3,108$ 3,272$
Police Officer 3,360$ 3,537$ 3,723$ 3,919$ 4,125$ 4,342$ 4,571$
Police Records Clerk I 1,850$ 1,947$ 2,049$ 2,157$ 2,271$ 2,390$ 2,516$
Police Records Clerk II 2,049$ 2,157$ 2,271$ 2,391$ 2,517$ 2,649$ 2,788$
Property and Evidence Technician 2,280$ 2,400$ 2,526$ 2,659$ 2,799$ 2,946$ 3,101$
JULY 2022
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Communications Technician 2,639$ 2,778$ 2,924$ 3,078$ 3,240$ 3,411$ 3,591$
Evidence Technician 3,457$ 3,639$ 3,830$ 4,032$ 4,244$ 4,467$ 4,702$
Lead Property and Evidence Technician 2,627$ 2,765$ 2,910$ 3,063$ 3,224$ 3,394$ 3,573$
Police Cadet 3,175$
Police Field Service Technician 2,526$ 2,659$ 2,799$ 2,946$ 3,101$ 3,264$ 3,436$
Police Officer 3,528$ 3,714$ 3,909$ 4,115$ 4,332$ 4,560$ 4,800$
Police Records Clerk I 1,943$ 2,045$ 2,153$ 2,266$ 2,385$ 2,510$ 2,642$
Police Records Clerk II 2,153$ 2,266$ 2,385$ 2,510$ 2,642$ 2,781$ 2,927$
Property and Evidence Technician 2,392$ 2,518$ 2,651$ 2,791$ 2,938$ 3,093$ 3,256$
JULY 2023
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Communications Technician 2,771$ 2,917$ 3,071$ 3,233$ 3,403$ 3,582$ 3,771$
Evidence Technician 3,629$ 3,820$ 4,021$ 4,233$ 4,456$ 4,690$ 4,937$
Lead Property and Evidence Technician 2,758$ 2,903$ 3,056$ 3,217$ 3,386$ 3,564$ 3,752$
Police Cadet 3,334$
Police Field Service Technician 2,652$ 2,792$ 2,939$ 3,094$ 3,257$ 3,428$ 3,608$
Police Officer 3,706$ 3,901$ 4,106$ 4,322$ 4,549$ 4,788$ 5,040$
Police Records Clerk I 2,039$ 2,146$ 2,259$ 2,378$ 2,503$ 2,635$ 2,774$
Police Records Clerk II 2,258$ 2,377$ 2,502$ 2,634$ 2,773$ 2,919$ 3,073$
Property and Evidence Technician 2,514$ 2,646$ 2,785$ 2,932$ 3,086$ 3,248$ 3,419$
Summary of Changes: 5% increase for all classifications. Eliminate Step 1 and Step 2 of
Police Officer, Step 3 becomes the new Step 1. Move to one step for Police Cadet that is 10%
under Step 1 of Police Officer
Summary of Changes: 5% increase for all classifications
Summary of Changes: 5% increase for all classifications
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