HomeMy WebLinkAbout04-19-2016 Item 15 Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Police Officers Association
Meeting Date: 4/19/2016
FROM: Monica Irons, Director of Human Resources
Prepared By: Greg Zocher, Human Resources Manager
SUBJECT: MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS’ ASSOCIATION
(POA) FOR THE PERIOD OF 01/01/2016 - 06/30/2018
RECOMMENDATION
Adopt a resolution ratifying the Memorandum of Agreement (MOA) with a two and a half year
term between the City of San Luis Obispo and the POA (Attachment A).
DISCUSSION
Background
POA represents 65 police employees; 46 sworn Police Officers and 19 non-sworn personnel
including Communications Technicians (dispatchers), Police Records Clerks, a Property and
Evidence Clerk, Field Service Technician, and Evidence Technician. The current MOA with this
group expired December 31, 2015. Starting in early December, the parties held six negotiation
meetings concluding with a tentative agreement for a successor MOA on February 4, 2016. The
tentative agreement was unanimously ratified by the POA membership on February 24, 2016.
Since that time staff has worked with POA representatives to finalize MOA language and
prepare this report.
In preparation for negotiations with employee groups, Council adopted the following Labor
Relations Objectives (LRO) in September 2014:
1. Maintain fiscal responsibility by ensuring that fair and responsible employee
compensation expenditures are supported by on-going revenues.
2. Continue to make progress in the area of long-term systemic pension cost
containment and reduction, including reversing the unfunded pension liability trend
and other actions consistent with State law.
3. Continue to effectively manage escalating health benefit costs through balanced cost
sharing and other means while maintaining comprehensive health care coverage for
all eligible employees.
4. As necessary to attract and retain well qualified employees at all levels of the
organization, provide competitive compensation as articulated in the City’s
Compensation Philosophy (Attachment C).
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These objectives guided negotiations with POA resulting in the agreement and resolution before
Council. Consistent with the LRO adopted by Council the agreement includes modest cost of
living salary increases, items aimed at addressing recruitment and retention issues, and
continued sharing of health insurance and pension costs.
The City has experienced challenges recruiting and retaining Police Officers and
Communications Technicians as evidenced by turnover data. Turnover data from 2006 through
2015 indicates a marked increase in the last three years. Police Department turnover for 2006
through 2012 averaged 4%; in comparison, the average turnover for 2013 through 2015 is 14%.
While turnover from retirement is normal and can be planned for accordingly, the increase in
turnover corresponds with an increase in Police Officers leaving for other reasons (e.g. other
employment, moving out of the area, and/or performance issues). Several months ago the Police
Department started continually recruiting for Police Officers in an effort to establish healthy
eligibility lists of qualified candidates from which to fill the continual vacancies.
However, a lower than typical second tier retirement benefit (2% at 50 formula, while many
other agencies have 3% @ 55 or no second tier retirement formula) and the high number of other
agencies actively and continuously recruiting for police officers, hinders the City’s ability to
effectively recruit in this critical area.
The 2014 Benchmark Compensation Study indicated Police Officer salary and total
compensation was at market median, while Communications Technician salary and total
compensation was slightly above the median. Updated information indicates Communications
Technicians are 1.6% below and Police Officers are almost 4% below market median. Given the
critical nature of the work performed, the number of agencies competing for talent, the City’s
ongoing difficulty recruiting qualified Police Officers, an inability to use temporary staff to fill
Police Officer or Communications Technicians vacancies due to the nature of the job and
required State certifications, the significant investment in training for these positions, and the
turnover experienced, the proposed tentative agreement includes modest adjustments to bring
salaries closer to the market median.
In determining an appropriate cost of living adjustment, changes in the labor market and
Consumer Price Index (CPI), historical changes in compensation, and fiscal responsibility were
considered. During the six year period of 2010-15 the CPI for San Francisco-Oakland-San Jose
increased 15.1%. It has been six years (January 2009) since POA received a cost of living
increase of 5%. During that same timeframe, POA agreed to a 6.8% total compensation
reduction through 4% salary reduction, a 3% increased contribution toward CalPERS retirement,
waiving uniform allowance and continued sharing of health insurance cost increases.
POA Agreement
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Rick Bolanos, Partner with the law firm Liebert Cassidy Whitmore, represented the City as Chief
Negotiator along with Monica Irons, Human Resources Director; Jeff Smith, Police Lieutenant;
and Greg Zocher, Human Resources Manager. Stuart Adams, Partner with the law firm Adams
Ferrone & Ferrone, represented the POA along with Aaron Schafer, Pol ice Officer; Adam
Stahnke, Police Officer; Eric Vitale, Police Officer; Christy McCornack, Communications
Technician; Amy Chastain, Police Officer; and Robert Cudworth, Police Officer.
POA’s proposals were focused and thoughtful with the intent of addressing mutual interests
around recruitment, retention, and operational issues. POA members are committed to providing
high quality service to the community and recognize the City’s commitment to fiscal responsibility.
Following is a summary of the key changes included in the successor POA MOA:
1. Two and one half year Term of Agreement: January 1, 2016 – June 30, 2018;
2. A 2% cost of living increase each year of the agreement (effective in January 2016,
January 2017 and January 2018);
3. A Recruitment and Retention Market Adjustment:
a. 1% Effective July 2016.
b. 1% Effective July 2017.
4. Health Insurance Contribution - Maintain the current cost-sharing arrangement that
increases the City contribution by 50% of the average percent increase in CalPERS
medical premiums (for example, if the average increase in CalPERS medical premiums
increases ten percent, the City contribution would increase five percent, while employees
absorb the remainder of the increased cost);
5. Uniform Allowance $1,000 per year for sworn and $500 per year for non-sworn.
6. Other minor low cost changes to address recruitment and retention and ensure
competitiveness:
a. Increase bilingual pay,
b. Field training incentive when assigned a trainee,
c. Increase standby pay for Investigators/Bomb Technicians;
7. Other minor changes including updating dates, revising MOA language to reflect current
Federal and State law, and clarifying operational language with no cost.
The two and a half year term expires June 30, 2018, providing stability in the 2015-17 financial
plan and through the 2017-19 supplement. In addition, the POA agreement is reasonable for a
number of reasons:
1. The cost of living adjustments, recruitment and retention market adjustments, and health
insurance contributions are consistent with Council’s LRO, are modest, and can be
accommodated in the City’s Five Year Forecast.
2. Uniform allowance, field training incentive, and bilingual pay are typical in the market.
These incentives are flat rates, and as such, do not escalate with increases to salary. The
majority of comparable agencies in the 2014 Compensation Study offer similar
allowances, which will make our agency more competitive when recruiting.
FISCAL IMPACT
The cumulative annual ongoing total compensation cost after all items in the two and a half year
term are implemented is approximately $795,000. Funding is available in the current 2015-17
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Financial Plan for cost increases resulting during that timeframe and subsequent costs were
modeled the Five-Year Fiscal Forecast and are sustainable under the most recent assumptions in
that forecast to ensure consistency with Council’s adopted LRO and Fiscal Responsibility
Philosophy (Attachment D).
ALTERNATIVES
Do not approve the resolution and direct staff to negotiate a different successor agreement and
resolution. This alternative is not recommended as the agreement is consistent with the Council’s
previous direction and the City’s employer-employee relations policies.
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RESOLUTION NO. (2016 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 JANUARY 1, 2016 THROUGH
JUNE 30, 2018
WHEREAS, the San Luis Obispo Police Officers’ Association (POA) is committed to
providing high quality service to the community and recognize the City’s commitment to fiscal
responsibility; and
WHEREAS, POA employees have demonstrated sensitivity to the fiscal challenges facing
the City for several years by agreeing to no across the board salary increases (e.g. “cost of living”
increases) since January 2009; and
WHEREAS, the City of San Luis Obispo has experienced challenges recruiting and
retaining Communications Technicians and Police Officers; and
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City’s adopted Compensation
Philosophy;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo
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 and Information Technology shall adjust the
appropriate accounts to reflect the compensation changes in the 2015-2016, 2016-2017 Fiscal Year
Budgets and Five-year Forecast and other budgetary documents as needed.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Aaron Schafer, San Luis Obispo Police
Officers’ Association, and Monica Irons, Director of Human Resources.
Upon motion of ______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
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The foregoing resolution was adopted this 19th day of April, 2016.
___________________________________
Mayor Jan Marx
ATTEST:
__________________________________
Lee Price, MMC
Interim 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, this ______ day of ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
POLICE OFFICERS’ ASSOCIATION
January 1, 20162012 – June 30, 2018December 31, 2015
Formatted: Font: Univers (W1), 10 pt,
Condensed by 0.15 pt
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TABLE OF CONTENTS
Article No. Title Page No.
1 Preamble .......................................................................... 1
2 Recognition ....................................................................... 2
3 Check Off/Dues Deduction ............................................... 3
4 Employee Rights ............................................................... 4
5 Management Rights .......................................................... 5
6 Representative Role ......................................................... 6
7 Salary ................................................................................ 8
8 Master Police Officer Program ........................................ 13
9 Field Training Officer Incentive ....................................... 16
109 Bilingual Pay ................................................................... 15
110 Overtime - Sworn ............................................................ 16
121 Overtime – Non-Sworn ................................................... 19
132 Work Out-Of-Grade ........................................................ 22
143 Standby – Sworn and Non-Sworn .................................. 23
154 Education Incentive......................................................... 24
165 Uniform Allowance .......................................................... 26
176 Health Care Insurance .................................................... 27
187 Retirement ...................................................................... 31
198 Seniority .......................................................................... 32
2019 Holidays .......................................................................... 33
210 Vacation .......................................................................... 35
221 Sick Leave ...................................................................... 36
232 Family Leave .................................................................. 37
243 Bereavement Leave ........................................................ 39
254 Catastrophic Leave ......................................................... 40
265 Workers’ Compensation Leave ....................................... 42
276 Jury Duty and Military Leaves ......................................... 43
287 General Provisions.......................................................... 44
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Article No. Title Page No.
298 Residency Requirements ................................................ 45
3029 Promotional Policy .......................................................... 46
310 Performance Evaluations ................................................ 51
321 Grievance Procedure ...................................................... 53
332 Layoffs ............................................................................ 56
343 Work Actions ................................................................... 58
354 Communication Process ................................................. 59
365 Notice to the Association ................................................ 60
376 Equipment ....................................................................... 61
387 Temporary Modified Duty ............................................... 63
398 Work Schedules .............................................................. 64
4039 SWAT ............................................................................. 71
410 Traumatic Incidents......................................................... 72
421 No Discrimination ............................................................ 73
432 Staffing ............................................................................ 74
443 Full Agreement ............................................................... 75
454 Savings Clause ............................................................... 76
465 Renegotiations ................................................................ 77
476 Term of Agreement ......................................................... 78
Appendix “A” - Classification ........................................... 79
Appendix “B” – Grievance Forms ................................... 80
Appendix “C” – Salary Range Listing…………………...
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ARTICLE 1
PREAMBLE
1.1 This Agreement is effective the 1st day of January, 20162012, 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 January 1, 20162012, 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
CHECK OFF/DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the Association
treasurer, which dues shall not include assessments.
3.2 Dues deduction, additions, and/or deletions shall be recorded by the City's Finance &
Information Technology Director or designee and a notification of all dues transactions
shall be sent monthly to the Association President.
3.3 The Association shall hold the City harmless from any and all claims, and will indemnify
it against any unusual costs in implementing these provisions.
3.4 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 also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have t he 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 43 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 45 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 43 44 and Article 45 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 work station 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 restrict City management from scheduling
such meetings before or after regular duty or work hours.
(B) Association members will donate a total of 250 hours per year (inclusive of any
carryover time) of vacation time, holiday time, and compensatory time off to an
Association "time bank" under the following guidelines:
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
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maximum will be divided by the number of POA 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.
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.
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 employees:
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 per son of
unusual qualifications is hired, the City Manager may authorize hiring at any step.
B. The second step is an incentive adjustment to encourage an employee to improve
his/her work. An employee may be advanced to the second step following twelve
months satisfactory service upon recommendation by the Police Chief and the
approval of the Human Resources Director.
C. The third, fourth & fifth step represents the middle value of the salary range and is
the rate at which a fully-qualified, experienced and ordinarily conscientious
employee may expect to be paid after a reasonable period of satisfactory service.
An employee may be advanced to the third and subsequent steps after completion
of twelve months service at the prior step, provided the advancement is
recommended by the Police Chief and approved by the Human Resources
Director.
D. The sixth step is to be awarded only in case of work which is well above average
for the class. An employee may be advanced to the sixth step after completion of
one year of service at the fifth step, provided the advancement is recommended by
the Police Chief and approved by the Human Resources Director.
E The seventh and eighth steps are intended as a reward for performance sustained
above satisfactory. An employee may be advanced to the seventh or eighth step
after completion of one year at the prior step, provided the advancement is
recommended by the Police Chief and approved by the Human Resources
Director.
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F. Progression to Master Police Officer, step 9, will occur when the employee has
satisfied the requirements in Article 8.4.
G. The Police Chief shall be authorized to reevaluate employees who reach top step
in their pay range. An employee who is not performing up to standard for the top
step shall be notified in writing that the Police Chief intends to reduce him/her
one step unless job performance improves significantly within a 60-day period.
Unless the employee's job performance improves to an acceptable level by the
end of 60 days, the pay reduction shall then become effective. The top step may
be reinstated at any time upon recommendation of the Police Chief. If the Police
Chief deems it necessary to again remove the top step during the same fiscal year,
he/she may make the change at any time with three business days' advanced
written notice.
H. Effective January 2013 In order to implement immediate prospective cost savings
to the City for the hiring of new employees, two additional full salary steps will
be added at the bottom of the salary tables for all classifications. The addition of
two new salary steps will yield a 10.52% reduction in salary with a corresponding
reduction in salary related employee costs for all employees hired after this
agreement is ratified and adopted by City Council.
The salary range for Police Officer consists of nine steps (1 through 9). Steps 1
through 9 equal 95% of the next highest step, computed to the nearest $1.00. The
salary range for Communications Technician, Evidence Technician, Field
Services Technician, Property and Evidence Clerk, Police Records Clerk and
Police Cadet consists of seven steps (1 through 7). Steps 1 through 7 equal 95% of
the next highest step, computed to the nearest $1.00
Employees hired before January 1, 2013 will be assigned to the corresponding
step in the new pay scale that is two steps higher than in the pre-January 2013
salary schedule. No increase or decrease in compensation will result from this
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transition to the new salary schedule. For example, a step 7 police officer will
now reflect step 9 and a step 5 Communications Technician will reflect step 7.
Each across-the-board % salary increase shall raise each step of the range by the %.
Step 7The top step of each successive salary range will be 2.63% above step 7the 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. Employees who are eligible for advancement to
top step must receive a "Meets Performance Standards" or better on the overall rating on
their most recent Performance Appraisal prior to or coincident with their being eligible
for advancement by time in grade.
Employees who are eligible for advancement to step 6 or 7the top two steps must receive
a "Meets Performance Standards" or better on the overall rating on their most recent
Performance Appraisal prior to or coincident with their being eligible for advancement by
time in grade.
7.2 Salary Increases for Term of Agreement
In response to the City’s request to contain labor costs, the Association agrees to
effectively freeze any COLA increase during the term of this agreement; there
shall be no cost of living (COLA) increases for the term of this agreement. This
agreement memorializes two (2) previous years of a 0% COLA for calendar years
2010 and 2011 and four (4.0) additional years of a 0% COLA during the term of
this agreement.
Salary increases will be effective on the first day of the first full pay period
following the dates listed below:
January 1, 20162012 20% Sworn and Non-Sworn Classifications
(Police Officer)
January 1, 2012 0% Non-Sworn Classifications
January 1, 20172013 20% Sworn and Non-Sworn Classifications
(Police Officer)
January 1, 2013 0% Non-Sworn Classifications
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January 1, 20182014 20% Sworn and Non-Sworn Classifications
(Police Officer)
January 1, 2014 0% Non-Sworn Classifications
January 1, 2015 0% Sworn Classifications (Police Officer)
January 1, 2015 0% Non-Sworn Classifications
Recruitment and Retention Market AdjustmentSalary Concession for Term of
Agreement:
Due to the critical nature of the work performed and difficulty in attracting and
retaining qualified employees in these classifications, recruitment and retention
market increases will be effective on the first day of the first full pay period
following the dates listed below:
July 2016January 2013 1.02.0% Salary Reduction Sworn
and Non-Sworn Classifications
July 20172014 1.02.0% Salary Reduction Sworn and Non-Sworn
Classifications
The salary ranges for the term of this agreement are listed in Appendix C.
January 2012
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Salary Position Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
700 Records Clerk I 3,907 4,113 4,329 4,557 4,797
1,803 1,898 1,998 2,103 2,214
704 Records Clerk II 4,331 4,559 4,799 5,051 5,317
1,999 2,104 2,215 2,331 2,454
705 Police Cadet 4,816 5,070 5,336 5,617 5,913
2,223 2,340 2,463 2,593 2,729
707 Field Service 5,084 5,352 5,634 5,930 6,242
Technician 2,347 2,470 2,600 2,737 2,881
707 Property &5,084 5,352 5,634 5,930 6,242
Evidence Clk 2,347 2,470 2,600 2,737 2,881
708 Communications 5,211 5,486 5,774 6,078 6,398
Technician I 2,405 2,532 2,665 2,805 2,953
720 Evidence 6,957 7,323 7,708 8,114 8,541
Technician 3,211 3,380 3,558 3,745 3,942
750 Police Officer 6,285 6,616 6,964 7,330 7,716 8,122 8,550
2,901 3,053 3,214 3,383 3,561 3,749 3,946
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January 2013 2% Decrease all classifications
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Salary Position Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
700 Records Clerk I 3,456 3,638 3,830 4,031 4,243 4,467 4,702
1,595 1,679 1,767 1,861 1,958 2,062 2,170
704 Records Clerk II 3,830 4,032 4,244 4,468 4,703 4,950 5,211
1,768 1,861 1,959 2,062 2,171 2,285 2,405
705 Police Cadet 4,259 4,483 4,719 4,967 5,229 5,504 5,794
1,966 2,069 2,178 2,293 2,413 2,540 2,674
707 Field Service 4,496 4,733 4,982 5,244 5,520 5,811 6,117
Technician 2,075 2,184 2,299 2,420 2,548 2,682 2,823
707 Property &4,496 4,733 4,982 5,244 5,520 5,811 6,117
Evidence Clk 2,075 2,184 2,299 2,420 2,548 2,682 2,823
708 Communications 4,609 4,852 5,107 5,376 5,659 5,957 6,270
Technician I 2,127 2,239 2,357 2,481 2,612 2,749 2,894
720 Evidence 6,153 6,476 6,817 7,176 7,554 7,951 8,370
Technician 2,840 2,989 3,146 3,312 3,486 3,670 3,863
750 Police Officer 5,558 5,851 6,159 6,483 6,824 7,184 7,562 7,960 8,379
2,565 2,700 2,843 2,992 3,150 3,315 3,490 3,674 3,867
July 2014 2% Decrease all classifications
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Salary Position Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
700 Records Clerk I 3,388 3,566 3,754 3,951 4,159 4,378 4,609
1,564 1,646 1,732 1,824 1,920 2,021 2,127
704 Records Clerk II 3,754 3,952 4,160 4,378 4,609 4,851 5,107
1,733 1,824 1,920 2,021 2,127 2,239 2,357
705 Police Cadet 4,174 4,394 4,625 4,869 5,125 5,395 5,679
1,927 2,028 2,135 2,247 2,365 2,490 2,621
707 Field Service 4,407 4,639 4,883 5,140 5,411 5,695 5,995
Technician 2,034 2,141 2,254 2,372 2,497 2,629 2,767
707 Property &4,407 4,639 4,883 5,140 5,411 5,695 5,995
Evidence Clk 2,034 2,141 2,254 2,372 2,497 2,629 2,767
708 Communications 4,517 4,755 5,005 5,268 5,546 5,837 6,145
Technician I 2,085 2,194 2,310 2,432 2,559 2,694 2,836
720 Evidence 6,030 6,347 6,681 7,033 7,403 7,793 8,203
Technician 2,783 2,930 3,084 3,246 3,417 3,597 3,786
750 Police Officer 5,448 5,735 6,036 6,354 6,688 7,040 7,411 7,801 8,212
2,514 2,647 2,786 2,933 3,087 3,249 3,420 3,601 3,790
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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:
Field Training Officer 3 years
S.E.T.5 43 years4
Traffic Officer5 3 years3
Investigator5 4 years
Narcotics Task Force Investigator 4 years (effective January 1, 2006)
SRO 43 years4
Crime Scene Investigator 3 years
Defensive Tactics Instructor1* 3 years (effective January 1, 2007)
Hostage Negotiator1* 3 years (effective January 1, 2007)
Range Master 4 years2**
Downtown Officer 3 years2**
Swat Team Operator1* 3 years
Bomb Technician1* 3 years
CAT (Community Action Team) 4 years
Traffic Call Out1 3 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 and Traffic may be extended two years. This extension can be reoccurring
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based on job performance and management recommendation. An officer can chose to decline
the extension at the end of the completed rotation.
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
effective January 1, 2006:
1. One full year at Step 8 of the salary range.
2. Must have obtained an advanced POST Certificate
3. Must have successfully completed two specialty assignments and two years in a
third specialty assignment. Assignments may be completed in any order. Lateral
Officers having completed two comparable specialty assignments at their prior
agency shall receive credit for a third sp ecialty assignment. The comparability of
specialty assignments shall be determined by the Police Chief in his/her
discretion. The Chief may require an employee seeking credit for prior agency
specialty assignment credit to submit satisfactory proof of su ccessful 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 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
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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: Police Officer Step 9.
8. The employee is responsible for requesting advancement to Master Police Officer.
The Department will, once annually, remind employees to make such requests.
Retroactive payments will not be made if the employee fails to make a timely
request.
9. Once an officer achieves status of MPO s/he will be assigned to attend the Field
Training Officer Class.
15.b
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ARTICLE 910
FIELD TRAINING OFFICER INCENTIVE
9.110.1 When assigned a trainee by the Police Chief or designee, field training officers will
receive $50 per day.
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ARTICLE 109
BILINGUAL PAY
9.110.1 Employees certified as bilingual in Spanish through a testing process
administered by the City Human Resources Department shall receive a bilingual payment of $50
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.
Effective the first payroll in the mon th following adoption of this agreement by City
Council, bilingual payment shall be $100 per pay period.
.
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ARTICLE 110
OVERTIME - SWORN
110.1.A DEFINITION
Overtime is defined as all hours worked in excess of 160 hours worked in the employee's
28 day work period. Vacation, holidays, sick leave, IOD, and compensatory time off
shall be considered hours worked when computing overtime.
110.1.B In accordance with section 207(k) of the Fair Labor Standards Act, 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 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 10.1.A
above.
110.2 ELIGIBILITY
All sworn employees covered by this Agreement shall be eligible for overtime pay.
110.3 COMPENSATION
A. Overtime hours shall, at the employee's option, be compensated in cash at time
and one half the employee's regular rate of pay or in time off compensated at time
and one half. However, no employee shall accumulate and have current credit for
more than 100 hours of compensatory time off.
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
coverage (except when scheduled in conjunction with approved vacation during
the annual vacation sign-ups).
110.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
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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.
110.5 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled shift
shall be guaranteed a three-hour minimum payment at time and one half. Unanticipated
emergency call-backs (criminal investigations, emergency evacuations, natural disasters,
civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.
110.6 COURT TIME
A. Effective the first full pay period upon ratification, employees reporting for court
duty shall be guaranteed three hours minimum payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to a
maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be subject
to a single minimum payment.
D. If a scheduled court appearance is canceled on the day the employee is to appear,
s/he shall be eligible for the minimum payment in this Section.
110.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
110.8 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.
15.b
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B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
Lunch - $15.00
Commuter Lunch - $8.00
Dinner - $25.00
Mileage at the prescribed IRS mileage reimbursement rate.
110.9 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 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.
110.10 OVERTIME ASSIGNMENT
A. Prior to each shift rotation the Department creates an electronic calendar for
officers to indicate their interest in overtime., will post an overtime interest list.
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Planned overtime will be called from this list in order of seniority. Employees
may add and/or delete their names from this list at any time, and are not required
to take overtime if they are unavailable.
B. An officer may decline a non-emergency overtime shift if s/he has worked an
overtime shift of at least eight hours in the last fourteen days. If no volunteers are
available from the list, the Watch Commander may then move up to the next least
senior officer on that shift for mandatory overtime.
C. If no officer is signed up on the overtime list, management may send a
notification to all qualified personnel regarding needed overtime which will be
assigned to the first officer responding to the notification.
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ARTICLE 121
OVERTIME - NON-SWORN
121.1 DEFINITION
Overtime is defined as all hours worked in excess of 80 hours worked in a pay period.
Vacation, holidays, sick leave, IOD and compensatory time off shall be considered hours
worked when computing overtime.
121.2 ELIGIBILITY
All non-sworn employees covered by this Agreement shall be eligible for overtime pay.
121.3 COMPENSATION
Overtime shall, at the employee’s option, be compensated in cash at time and one half the
employee's regular rate of pay or in time off compensated at time and one half.
Maximum accrual of compensatory time shall be 240 hours for all non-sworn
classifications.
121.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
121.5 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled shift
shall be guaranteed a three-hour minimum payment at time and one half. Unanticipated
emergency call-backs (criminal investigations, emergency evacuations, natural disasters,
civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.
15.b
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121.6 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. If a scheduled court appearance is canceled on the day the employee is to appear,
s/he shall be eligible for the minimum payment in this Section.
121.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
121.8 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.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
Lunch - $15.00
Commuter Lunch - $8.00
Dinner - $25.00
15.b
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Mileage at the prescribed IRS mileage reimbursement rate.
121.9 OVERTIME ASSIGNMENT
A. The Department, prior to each shift rotation, will post an overtime interest list.
Planned overtime will be called from this last in order of seniority. Employees
may add and/or delete their names from this list at any time.
11.10 RANGE QUALIFICATION
A. Employees required to qualify with department approved firearms, shall 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.
15.b
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ARTICLE 132
WORK OUT-OF-GRADE
Employees temporarily assigned to work in a higher classification shall receive one step (5.26%)
additional pay but in no case more than the top step for the higher classification under the
following conditions:
A. The assignment exceeds ten consecutive workdays, or eighty consecutive work
hours, in which case the step increase becomes effective on the first workday.
B. The person being temporarily replaced is on extended sick or disability leave or
the position is vacant and an examination is pending.
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ARTICLE 143
STANDBY - SWORN AND NON-SWORN
143.1 DEFINITION
Standby is that circumstance which requires an employee assigned by the department to:
1) be ready to respond immediately to a call for service; 2) be readily available at all
hours by telephone or other agreed upon communication equipment; and 3) refrain from
activities which might impair his/her assigned duties upon call.
The parties agree that employees on standby, as defined above, are "waiting to be
engaged." The parties further agree there is no intent to waive any individual rights
under FLSA. When an employee is engaged on the phone in excess of ten minutes to
discuss department business such time will be considered time worked.
143.2 COMPENSATION
Hourly Standby
A. Personnel placed on standby shall be compensated one-hour's pay for each five
hours standby.
B. Such employees shall be paid a minimum of three hours straight time when on
standby. Each calendar day starts a new standby period.
Investigator/Bomb Technician Weekly Standby
A. Investigators/Bomb Technicians placed on standby shall be compensated $30 per
day Monday through Friday, and $35 per day for other days of standby and
holidays.
B. Standby shall be rotated among the assigned investigators. Normally, the standby
assignment shall be for a period of one week.
C. Effective the first payroll in the month following adoption of this agreement by
City Council, Investigators/Bomb Technicians placed on standby shall be
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compensated $45 per day Monday through Friday, and $65 per day for weekends
and holidays.
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ARTICLE 154
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 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 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 Po lice and the Director of
Human Resources shall be required.
D. UNSATISFACTORY PERFORMANCE. To be eligible for compensation under this
program, an employee must receive and maintain at least a “Meets Performance
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Standards” rating on their annual evaluation. The Chief of Police, with the concurrence
of the City Manager, may suspend payment of the incentive pay or the top stepStep 97 of
the salary range, but not both, until such time as the employee's performance comes up to
the standard level, in the opinion of the Chief of Police and in concurrence of the City
Manager.
E. 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.
F. ADDITIONAL PROVISIONS.
1. The basic benefit for non-sworn employees hired prior to January 1, 2008, shall be a
five percent step increase for a period of one fiscal year if during the previous fiscal
year the employee has successfully completed —i.e., grades of "C" or better in all
courses — a minimum of nine semester units of college level classroom work, or
City-approved equivalent, approved by the Chief of Police, provided that this benefit
shall be payable only for classroom work done after completion of the probationary
period.
2. 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%).
3. 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 165
UNIFORM ALLOWANCE
165.1 Each employee required to wear a uniform is expected to purchase and maintain in good
repair all required uniform pieces.
165.2 Effective June 2016, sworn employees shall receive $1,000 per year uniform allowance,
with $500 issued to the employee with the first payroll period in June and $500 issued to
the employee with the first payroll period in December.
Effective June 2016, Nnon-sworn employees shall receive $500 per year uniform
allowance, with $250 issued to the employee with the first payroll period in June and
$250 issued to the employee with the first payroll period in December. The uniform
allowance shall be $1,000 per year, with $500 issued to the employee with the first
payroll period in June and $500 issued to the employee with the first payroll period in
December. Effective January 2013 following the uniform allowance payment that will
occur the first payroll period in December 2012, the $1,000 per unit member uniform
allowance provision in its entirety shall be eliminated. New employees hired prior to
December 1, 2012 will receive a prorated amount.
165.3 Effective January 1, 2013, all represented employees shall no longer be eligible for
uniform allowance without regard to duty status interruption if in paid status, including
4850 Pay. For “Classic Members” as defined by CalPERS, uniform allowance shall be
reported to CalPERS as special compensation. Uniform allowance will not be pro-rated
upon separation from employment.
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ARTICLE 176
HEALTH CARE INSURANCE
176.1 CONTRIBUTION
The City shall contribute the monthly amounts as set forth below for Cafeteria Plan
benefits for each regular, full time employee covered by this agreement. Less than full-
time employees shall receive a prorated share of the City's contribution.
Employee Only $559.00533.00
Employees Plus One $1,015.00968.00
Family $1,339.001,277.00
The Cafeteria Plan amount is inclusive of mandatory dental, vision, and life coverage.
Effective the first payroll in the month following adoption of this agreement by City
Council, the City will contribute the monthly amounts as set forth below for Cafeteria
Plan benefits:
Opt Out $ 559.00
Employee Only $ 587.00
Employee Plus One $1,066.00
Family $1,406.00
Effective December 2016 2014 (for the January 20172015 premium) and December 2017
(for the January 2018 premium) for employees participating in the PERS Health Benefit
Program, the City’s total Cafeteria Plan contribution shall be increasedmodified 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 were
available and the year-to-year changes were +10%, +15%, and +20% respectively, the
City’s contribution would be increased by 7.5% (10% + 15% + 20% ÷ 3 = 15% x 1/2).
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Employees shall be eligible for the City contributions set forth above based on the
number of dependents they enroll in the PERS Health Benefit Program. Employees
opting out of health coverage as provided for below, shall receive a contribution as
described in Section 16.2.B below.
176.2 INSURANCE COVERAGE
A. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program (Public
Employees’ Medical and Hospital Care Act [PEMHCA]) with the "unequal
contribution option" at the PERS minimum contribution rates, currently
$125.00112.00 per month for active employees and $106.40 for retirees as of
January 1, 2012. The City's contribution toward retirees shall be increased by 5%
per year of the City's contribution for the active employees multiplied by the
number of years the City has been in the PEMHCA program until such time as the
contributions for employees and retirees are equal. The City's contribution will
come out of that amount the City currently contributes to employees as part of the
Cafeteria Plan. The cost of the City's participation in PERS will not require the
City to expend additional funds toward health insurance beyond what is already
provided. In summary, this cost and any increases will be borne by the
employees.
B. Health Insurance Coverage Optional Participation
Effective December 2012 (for the January 2013 premium) eEmployees with proof
of medical insurance elsewhere are not required to participate in the PERS Health
Benefit Program and may receive the unused portion of the City's Cafeteria Plan
employee only opt out contribution per month (after dental, vision, and life
insurance is deducted) in cash in accordance with the City's Cafeteria Plan.
C. Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision plans at
the employee only rate. Should they elect to cover dependents in th e City's dental
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and vision plans, they may do so, even if they do not have dependent coverage
under PERS.
D. Long Term Disability Insurance (LTD)
Sworn employees are covered for Long Term Disability Insurance through the
Association and are responsible for premium payments. Non-sworn employees
continue to be covered under the City’s Long Term Disability Insurance Program.
E. Life Insurance
Employees shall pay for life insurance coverage of Thirty-five Thousand Dollars
($35,000) through the cafeteria plan.
176.3 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non-voting
representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall be to:
1. Review and suggest changes for the City's flexible benefits plan and the
insurance plan offered under the MOA.
2. Submit to the City and its employee associations recommendations on
proposed changes for the City's flexible benefits plan and the insurance
plans offered under the MOA.
3. Disseminate information and educate employees about the City's flexible
benefits plan and the insurance plans offered under the MOA.
4. Participate in other related assignments requested by the City and its
employee associations.
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B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not preclude the
Association and the City from meeting and conferring.
2. No recommendation of the Medical Plan Review Committee on matters
within the scope of bargaining shall take effect before completion of meet
and confer requirements between the City and the Association, including
Resolution 6620.
3. If changes to the City's flexible benefits plan are subject to meet and
confer requirements, the City and the Association agree to meet and 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.
176.4 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.
176.5 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 request the City will meet with the Association representatives to discuss
the terms and conditions of the proposed Fitness Program.
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ARTICLE 187
RETIREMENT
187.1 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, or as soon as administratively possible subject to CalPERS
regulations and State Law, 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 for all new
hired sworn personnel. 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.
C. “New Members Third Tier”
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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.
Effective on their date of hire, new members will pay 50% of the total normal cost of the
member contribution, as determined by PERS.
The employee pays to PERS their contribution as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre-tax basis. Effective
December 6, 2012, or as soon as administratively possible subject to CalPERS
regulations and State Law, the City agrees to provide the Public Employees’ Retirement
System’s, 2.0% @ 60 Full Formula for Local Miscellaneous Members with the average
of three (3) years compensation for all new hired non-sworn employees’ including the
amendments permitting conversion of unused sick leave to additional retirement credit,
the 1959 survivor’s benefit (4th level), the Military Service Credit option, and the Pre-
Retirement Option 2 Death Benefit.
187.2 A. 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. The “classic
member” employee pays to PERS their contribution; as allowed under Internal Revenue
Code Section 414 (h) (2) the contribution is made on a pre-tax basis.
B. Effective the first full pay period January 2014, and in accordance to the provisions of
AB 340 § 7522.30 and §20516, all “classic member” sworn employees shall contribute
3.0% of salary directed to the employers’ normal pension cost in addition to the
employee paying the “classic member” employees’ 9% of salary as described in
paragraph A above; as allowed under the Internal Revenue Code § 414 (h) (2) the
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contribution is made on a pre-tax basis. All “classic member” sworn employees total
pension contributions shall be capped at 12.0% of salary.
C. Effective the first full pay period January 2014, and in accordance to the provisions of
AB 340 § 7522.30 and § 20516, all “classic member” non-sworn employees shall
contribute 3.0% of salary directed to the employers’ normal pension cost in addition to
the employee paying the employees’ 8% of salary as described in paragraph A above; as
allowed under the Internal Revenue Code § 414 (h) (2) the contribution is made on a pre-
tax basis. All “classic member” non-sworn employees total pension contributions shall be
capped at 11.0% of salary.
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ARTICLE 198
SENIORITY
198.1 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.
198.2 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 2019
HOLIDAYS
2019.1 For all employees, holiday leave shall be accrued as earned each payroll period at a rate
of eight hours per month. The following thirteen days of each year are designated
holidays for non-shift employees 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 – Columbus Day
November 11– Veteran's Day
Fourth Thursday in November – Thanksgiving Day
Friday after Thanksgiving Day
December 25 – Christmas
One-half day before Christmas
One-half day before New Year's
2019.2 When a holiday falls on a Saturday, the preceding Friday shall be observed. W hen 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.
2019.3Effective May 2016 the City will transition Nnon-shift employees (As defined in
Appendix A) shall be givento receive the equivalent of 104 hours of holiday leave
effectivein 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
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employee is appointed or leaves employment during the calendar year. The employee’s
final check will be adjusted to reflect the pro-rated hours. Except with the prior approval
of the Chief, non-shift personnel shall take the holidays as scheduled above.
2019.4 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 for a
portion of their earned holiday leave (2.0 hours) each bi-weekly payroll period.
2019.5 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.
2019.6 Each calendar quarter, an Shift employee has the option of receiving payment for one-
fourth (1/4) of his/her advanced holiday leave. The combination of holiday leave taken
off and payment of advanced holiday time may not exceed 52 hours. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
employee at the straight time rate. If an employee terminates for any reason, having
taken off hours in excess of his/her prorated share, the value of the overage will be
deducted from the employee’s final paycheck.
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ARTICLE 210
VACATION
210.1 Full time employees shall accrue vacation leave with pay at the rate of 96 hours per year
of continuous service since the benefit date for the first five years, 120 hours per year
upon completion of five years, 144 hours per year upon completion of 10 years, and 160
hours upon completion of 20 years.
210.2 All employees may accrue a maximum of vacation time not to exceed twice their annual
rate.
210.3 Vacation Sellback
All employees in this unit are eligible, once annually in December, to request payment
for up to 80 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory. Payment for unused vacation
leave is subject to the availability of budgeted funds.
210.4 Patrol Vacation Assignment
Prior to November 1st, theThe master vacation schedule shall provide that two officers
per watch shall be allowed to sign up for priority vacation for the following year..
Officers shall only be required to sign up for regular workdays.
Two additional officers (a total of four) shall be allowed to sign up on the master vacation
schedule. The Department, under normal circumstances, dependent upon staffing level
needs, may accommodate up to a maximum total of two officers per day per shift of
vacation leaveaccrued leave. Accrued leave includes compensatory time, vacation leave
and/or holiday leave.
Subject to the limitations above, after the posting of shifts/days off for each shift rotation,
employees shall be allowed to request, by seniority, for additional available vacation days
one month (28 days or 2 pay periods) prior to the start of the rotation.
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Subject to unforeseen events, employees may be allowed to sign up for additional
available vacation days. The department shall make every effort to grant such requests
subject to operational needs and such requests shall not be unreasonably denied.
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ARTICLE 221
SICK LEAVE
221.1 Sick leave is governed by Section 2.36.420 of the Municipal Code.
221.2 Upon termination of employment by death or retirement, a percentage of the dollar value
of the employee's accumulated sick leave will be paid to the employee, or the designated
beneficiary or beneficiaries, according to the following schedule:
A. Death – 50%
B. Retirement and actual commencement of PERS benefits:
1. After twenty years of continuous employment – 20%
2. After twenty-five years of continuous employment – 25%
3. After thirty years of continuous employment – 30%
C. Job related disability retirement and actual commencement of PERS benefits –
75% with maximum of 1,000 hours payoff.
D. Sick leave cannot be used to postpone the effective date of an industrial 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 and not subject to
reporting in monthly or annual personnel evaluations without proof of abuse.
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ARTICLE 232
FAMILY LEAVE
232.1 An employee may take up to 48 hours of sick leave per year if required to be away from
the job to personally care for a member of his/her immediate family.
232.2 An employee may take up to 48 hours of sick leave per year if the family member is a
part of the employee's household. “Family member” means any of the followingis 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.
(89) Or any other relative as defined by Labor Code 233 and/or Assembly Bill 1522.
.
22.3 If the family member is a child, a parent spouse or domestic partner, an An employee
may use up to forty-eight (48) hours annually to tend to the illness of a family
memberchild, parent, spouse or domestic partner, instead of the annual maximums set
forth in paragraphs 22.1 and 22.2 in accordance with Labor Code Section 233 and/or
Assembly Bill 1522.
232.34 An employee may take up to 56 hours of sick leave per year if the family member is part
of the employee's household and is hospitalized. The employee shall submit written
verification of such hospitalization.
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232.45 The amounts shown above are annual maximums, not maximums per qualifying family
member. A member of the employee's immediate family shall mean spouse, domestic
partner, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister,
grandparent, grandchild or any other relative living in the same household.
232.56 In conjunction with existing leave benefits, unit employees with one year of City service
who have worked at least 1,2580 hours in the last year may be eligible for up to 12 weeks
of Family/Medical Leave within any 12 month period. Family/Medical leave can be used
for:
A. A new child through birth, adoption or foster care (maternal or paternal leave).
B. To care for the employee’s spouse, son, daughter, parent, or registered domestic
partner who has a serious health condition. A seriously ill child, spouse or parent
who requires hospitalization or continuing treatment by a physician.
C. Placement of an employee's child for adoption or foster care.
D. A serious health condition, which makes the employee unable to perform the
functions of his or her position.
E. To assist a spouse, son, daughter, or parent who is a member of the Armed
Forces, including the National Guard or Reserves with a “qualifying exigency”
related to covered active duty or a call to active duty status.
F. To care for a son or daughter, spouse, parent or “next of kin” covered service
member with a serious injury or illness.
This leave shall be in addition to leave available to employees under the existing four-
month Pregnancy Disability Leave provided by California law. Paid leave, if used for
family leave purposes or personal illness, will be subtracted from the 12 weeks allowed
by the Family/Medical Leave Program. Employees must use all available vacation,
compensatory time off and holiday leave and, if appropriate, sick leave prior to receiving
unpaid Family/Medical Leave.
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232.67 Employees on Family/Medical Leave will continue to receive the City's contribution
towards the cost of health insurance premiums. However, employees who receive cash
back under the City's flexible benefit Plan will not receive that cash during the
Family/Medical Leave. The City will pay only City group health insurance premiums.
232.78 If an employee does not return to work following Family/Medical Leave, the City may
collect the amount paid for health insurance by the City during the leave. There are two
exceptions to this rule.
A. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
B. Circumstances beyond the employee's control.
Further details on Family/Medical Leave are available through the City's "Guide
to Family/Medical Leave Program".
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ARTICLE 243
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 of or relationship
shall be cause for discharge.
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ARTICLE 254
CATASTROPHIC LEAVE
254.1 Upon request of an employee and upon approval of the Chief of Police, leave credits
(vacation, compensatory time off, or holiday time) may be transferred from one or more
employees (donors) to another employee (recipient). The recipient may participate in the
program under the six following conditions:
A. The recipient is a regular employee.
B. The recipient has sustained a life threatening or debilitating illness, injury or
condition (The Chief may require that the condition be confirmed by a doctor's
report.); or,
C. A member of the recipient's immediate family, as defined in Article 2324, has
sustained a life threatening or debilitating illness, injury or condition (The Chief
may require that the condition be confirmed by a doctor's report.).
D. The recipient has exhausted all paid leave; or, in the case of illness of or injury to
a recipient's immediate family member, all allowed leave.
E. The recipient must be prevented from returning to work for at least 30 days and
have applied for a leave of absence without pay for medical reasons. This
condition does not apply when the illness or injury involves a member of the
recipient's immediate family, rather than the recipient.
F. The request for participation in the program shall be made on an Application for
Catastrophic Leave Program form.
254.2 Transferring Time
The following rules apply when donations of time occur:
A. Vacation, compensatory time off, and holiday leave may be transferred by regular
employees.
B. The time will be converted from the type of leave given (i.e. vacation, holiday,
etc.) to sick leave or family care leave, whichever is appropriate, and credited to
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the recipient's leave time balance on an hour-for-hour basis and shall be paid at
the rate of pay of the receiving employee.
C. The donations must be a minimum of four hours and, thereafter, in whole hour
increments.
D. The total leave credits received by the employee shall normally not exceed three
months; however, if approved by the Chief, the total leave credits received may
be up to a maximum of six months.
E. Recipients of family care leave will be allowed to use all hours received, up to the
limits of this policy (see D. above), even though such use exceeds the limits for
family care leave found in Article 232.
F. Donations approved shall be made on a Donation of Time Credits form signed by
the donating employee. These donations are irrevocable under any conditions.
254.3 Appeal Rights
If an employee is denied participation in the program by the Chief, he/she may appeal
this initial decision jointly to the Director of Human Resources and the City Manager.
Article 321–Grievance Procedure shall be used for final resolution.
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ARTICLE 265
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with State
Workers' Compensation law and is not eligible for disability payments under Labor Code Section
4850 shall be paid the difference between his/her base salary and the amount provided by
Workers' Compensation law during the first 90 business days of such disability absence.
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ARTICLE 276
JURY DUTY AND MILITARY LEAVES
276.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury, and
when not excluded there from, or when subpoenaed to appear as a witness at any trial,
shall be compensated for the time required to be spent under the jurisdiction of the court
by an amount equal to the difference between the pay he/she received as a juror and
his/her regular daily rate received from the City. The difference between the time
required to be spent on jury duty and the normal workday of the employee sh all 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 assigned tocalled to serve on a jury or
subpoenaed to appear as a witness at any trial, duty may request the supervisor to flex
her/his 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 s/he is scheduled to work, s/he will report the number
of hours spent on jury duty to the supervisor and will be allowed to begin her/his shift an
equal number of hours later. In thethis 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 s/he received as juror/witness and her/his regular daily rate
received from the City.
276.2 MILITARY LEAVE
Any line-item employee shall receive normal salary and fringe benefits during the first
thirty days of any period of temporary military leave. Such compensation shall not
exceed thirty calendar days in any one fiscal year. Any temporary military leave in
excess of thirty days in one fiscal year shall be taken as vacation leave or leave of
absence without pay.
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ARTICLE 287
GENERAL PROVISIONS
287.1 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.
287.2 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 298
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 3029
PROMOTIONAL POLICY
Promotions from Police Officer to Police Sergeant shall be subject to the following:
1. Job Announcement. When the Police Department notifies the Department of Human
Resources of a Sergeant position vacancy, the Department of Human Resources will
publish a job announcement. The job announcement will identify the selection
procedure, which includes the application process, test components with their weights
expressed as a percentage of the total score, and tentative dates of the testing schedule.
Whenever available, the City will identify study materials at least 60 days in advance of a
test.
2. Application Process. A completed City application must be received in the Department
of Human Resources by the filing deadline. The filing deadline will be at least 30 days
from the date the job announcement is released by the Department of Human Resources.
3. Testing Components.
A. Written Test: The written test will count as 3020% 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. A standardized Police Sergeants
multiple-choice test as provided by a testing service, such as Cooperative
Personnel Services (CPS) or International Personnel Management
Association (IPMA). If available, the City will provide a list of suggested
study materials. 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.
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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.
4. The Chief or his/her 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 7060% 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 7060% of the total Assessment Center
score.
2. The evaluators will be members of the law enforcement community.
Selection of the evaluators will be made by the Human Resources Director
in consultation with the Chief of Police. The Human Resources Director
or his/her designee from the HR Department will be responsible for
instructing the raters on how to conduct interviews and the scope of the
interviews. 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 cCity employed
evaluatorsemployees as deemed appropriate by the Director of Human
Resources in consultation with the Chief of Police.
3. A Police Department observer as appointed by the Chief of Police and an
Association observer as appointed by the Association may monitor the
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Assessment Center. The Association observer must be a neutral, non-unit
member not a part of, nor directly impacted by the testing process. Both
observers shall be subject to approval by the Human Resources Director.
The Chief of Police or his/her designee will provide the evaluators and
observers with information about the qualifications desired for the position
being tested.
4. At the conclusion of the testing process, each candidate will be asked to
complete an anonymous evaluation of the testing procedure. This will be
used to make improvements on the process. The evaluation will not be
used in determining the final outcome of the testing process.
CHIEF OF POLICE REVIEW:
1.Staff Evaluation will count as 20% of the total score. In addition to this review, 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.
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.
Subject to the approval of the Police Chief, if supervisor feels s/he is unable to
conduct an impartial evaluation due to unfamiliarity with a given applicant, s/he may opt
not to evaluate the candidate but will be required to document the lack of familiarity on
the evaluation form.
2. 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.
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3. 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.
4. Thethe 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. The staff evaluation will not be
provided to the oral panel.
Past and present day performance is a significant factor, which should be considered
when determining a candidate’s promotability.
Each candidate who passes the written test will be evaluated by all sworn members of the
Department with the rank of sergeant or lieutenant, excluding the Captain s and the Chief
of Police.
Subject to the approval of the Police Chief, if a supervisor feels he or she is unable to
conduct an impartial evaluation due to unfamiliarity with a given applicant, he or she
may opt not to evaluate the candidate but will be required to document the lack of
familiarity on the evaluation form.
Staff evaluators will be able to review the three (3) most current performance evaluations
and documentation from the last 24 months of counseling sessions.
Staff evaluations are to be in writing on a form developed by the Director of Human
Resources and signed by the evaluator.
Each applicant’s evaluation forms shall be available for review by the applicant. The
applicant shall not have access to the other applicants’ evaluation forms.
Final scores will be tabulated by the Department of Human Resources. Prior to the score
tabulation, applicants will have the opportunity to request in writing that the Department
of Human Resources correct any factual errors contained in the applicant’s staff
evaluation.
1. Peer evaluation is not compulsory, is only advisory to the Chief of Police
and does not count toward the final score.
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2. Peer evaluation is limited to those candidates who pass the Assessment
Center.
3. All regular Department employees below the rank of Sergeant may
complete a peer evaluation on a form developed by the Director of Human
Resources.
4. Participants must verify their eligibility to participate in the peer review
process.
5. The results of the peer evaluation will be tabulated by the Department of
Human Resources. All forms will be anonymously forwarded to the Chief
of Police.
6. The tabulated results of the peer evaluation for each individual candidate shall be
released to the individual candidate upon request of the Human Resources Director after
the eligibility list has been certified.
4. Final Selection.
A. Upon completion of the testing process, the Department of Human Resources
shall tabulate the scores.
B. Candidates will be ranked by total score. Candidates scoring below 70% will be
ranked unqualified and not placed on the eligibility list. Each candidate will be
individually given his/her score in writing. 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. following a discussion of the staff evaluations at the
Chief’s regularly scheduled staff meeting with sworn and non-sworn managers
and a The Police Chief will conduct a final selection interview with the top three
candidates (plus one for each additional vacancy over one).
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
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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.
E. Announcements for promotional opportunities for members of the Association
will list testing and scoring processes that will be followed. Once defined, testing
and scoring processes will not be modified.
If any of the top three candidates is not selected during the selection process, that
person will be given a written reason by the Police Chief as to why he/she was not
selected. The City agrees to an opener to discuss the promotional process if the
Police Chief goes below the top three (3) candidates in making his/her selection
on promotional exams two (2) or more times during the term of this contract.
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ARTICLE 310
PERFORMANCE EVALUATIONS
31.1All 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 bi-monthly written
performance feedback from their supervisor.
31.2For purposes of uniformity in the performance evaluation process, the following definitions
are provided:
1. UNACCEPTABLE
Consistently fails to meet performance standards and objectives for the position.
Performance indicates serious lack of knowledge of basic skills or lack of application of
skills. Requires immediate attention and improvement.
2. IMPROVEMENT NEEDED
Performance is frequently less than expected of a competent employee for the position.
Performance indicates some deficiency in basic skill, knowledge or application. Specific
efforts to improve desired.
3. MEETS PERFORMANCE STANDARDS
Performance indicates competent and effective adherence to expected standards.
Performance indicates fully acceptable demonstration of knowledge and skills.
4. EXCEEDS PERFORMANCE STANDARDS
Performance consistently above standards for position. Performance indicates superior
knowledge and application of skills.
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5. OUTSTANDING
Exceptional performance. Application of knowledge, skills and results are consistently
well beyond the expected standard for position.
31.3All regular full-time employees shall receive their annual step increase on the employee’s
anniversary date regardless of whether the evaluation process has been completed, absent
exceptional circumstances.
31.4Employees 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 his/her
personnel file. Such written response shall be attached to, and shall accompany, the adverse
comment.
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ARTICLE 321
GRIEVANCE PROCEDURE
321.1 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).
321.2 Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. A formal grievance should be filed
only after the employee has attempted to resolve the disagreement with his/her immediate
supervisor. As a courtesy, the employee should advise his/her supervisor of any intention
to file a formal grievance. This action must take place within 15 business days of the
occurrence of the grievance. Employees may be accompanied by a representative at each
step of the process. If a specific action to be grieved affects several employees, those
employees may consolidate their grievances and be represented.
321.3 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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321.4 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
his/her decision. If the employee accepts the Chief’s decision, the grievance shall be
considered terminated.
321.5 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.
321.6 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.
321.7 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.
321.8 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 365 “Notice to the
Association”, and/or by State Law.
321.9 Disciplinary matters are excluded in Section 321.1. 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 332
LAYOFFS
332.1 Layoffs shall be governed by job performance and seniority in service within the
department and job classification. For the purpose of implementing this provision, job
performance categories shall be defined as follows:
Category 1:
Performance that is Unacceptable or Improvement Needed.
Performance defined by this category is evidenced by the employee's two most recent
performance evaluations with an overall rating that falls within the lowest two categories
of the performance appraisal report.
Category II:
Performance that Meets Performance Standards, Exceeds Performance Standards, or is
Outstanding.
Performance defined by this category is evidenced by an employee's two most recent
performance evaluations with an overall rating that falls within the top three per formance
categories of the performance appraisal.
332.2 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.
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332.3 The parties agree that employees who are laid off pursuant to this Article shall have
reemployment rights prior to the employment of individuals on an open or promotion list.
The employee to be rehired must, at the time of rehire, meet the minimum qualifications
as stated in the appropriate class specifications. Employees will be rehired on the basis of
last out, first in.
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ARTICLE 343
WORK ACTIONS
343.1 Participation by an employee in a strike or a concerted work stoppage is unlawful and
shall terminate the employment relation. Provided, however, that nothing herein shall be
so construed as to affect the right of any employee to abandon or to resign his
employment.
343.2 The Association shall not hinder, delay, interfere, or coerce employees of the City in their
peaceful performance of City services by strike, concerted work stoppage, cessation of
work, slow-down, sit-down, stay-away, or unlawful picketing.
343.3 In the event that there occurs any strike, concerted work stoppage, or any other form of
interference with or limitation of the peaceful performance of City services prohibited by
this Article, the City, in addition to any other lawful remedies or disciplinary actions,
may by the action of the Municipal Employee Relations Officer cancel any or all payroll
deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and
withdraw recognition of the Association.
343.4 Employee members of the Association shall not be locked out or prevented by
management officials from performing their assigned duties when such employees are
willing and able to perform such duties in the customary manner and at a reasonable level
of efficiency.
343.5 Any decision made under the provisions of this Article may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a
complete statement setting forth all of the facts upon which the appeal is based. Such
Notice of Appeal must be filed within 10 working days after the Association first
received notice of the decision upon which the complaint is based, or it will be
considered closed and not subject to any other appeal.
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ARTICLE 354
COMMUNICATION PROCESS
354.1 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.
354.2 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 365
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 376
EQUIPMENT
A. The City agrees to provide each sworn employee of the Association a nylon 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 employee agrees to maintain these pieces of
equipment.
The smooth nylon utility belt will consist of: belt, handcuff case, chemical spray ho lder,
baton holder (to fit the baton carried by the employee), magazine case (to fit the
magazines carried by the employee), holster (to fit the weapon carried by the employee),
radio holder (to fit the radio carried by the employee), and four belt keepers. Any other
accessories will be the responsibility of the employee.
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. Each marked police unit assigned to unit members shall be equipped with:
1. A Patrol rifle fitted with a hands free assault sling and stock mounted weapon light.
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2. A 12-guage pump shotgun fitted with an extended magazine, hands -free assault sling
and stock-mounted weapon light; and
3. A 12-guage pump shotgun designated “less lethal” fitted with a hands -free assault
sling and stock-mounted weapon light.
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.
G. All department owned 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 387
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 #1052Operations
Directive L-02, dated May 12, 1999.
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ARTICLE 398
WORK SCHEDULES
38.1 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. 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.
398.2 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.
Formatted: Left, No bullets or numbering
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E. Generally, no more than two Officers per shift should be ordered to adjust
unless a specific event necessitates it.
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, s/he is
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.
398.3 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. A work week is
defined as three (3) twelve (12) hour shifts with one eight (8) hour payback
shift attached during the fourteen (14) day work schedule. Days off shall be in
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conjunction with the employee work week and not split unless there is consent
by the employee. Example: Week one, M, T, W, week two, M, T, W, TH (8
Hour Payback.)
C. Paybacks shall be scheduled for eight (8) hours during the employee’s 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.
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".
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1. Communications Technicians will sign-up for “V” days with the
expectation that the center is fully staffed and the relief from that watch 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
previously 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 and Records Manager shall approve leave time by
seniority and post same on the electronic schedule by the start of each
rotation.
F. Employees generally will not be allowed to work more than two consecutive
shift assignments without rotation to an alternate shift. The Communications
and Records 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:
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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:
A. In the event an employee opts to cancel scheduled time off, they will by email
notify the Communication and Records Manager. The Communication and
Records Manager will by email, notify all unit members of the available
cancelled leave time. By seniority, employees 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.
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2. An employee authorized to shift adjust will not suffer loss of briefing pay
or other normal benefit.
C. The Communication and Records 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)
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.
39.5Investigations – 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
unpaid lunch as part of their regular shift as staffing and calls permit.
Investigators will remain subject to call and interruption during their lunch
period.. If investigators are called back to work during the lunch period, the time
will be considered time worked.
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.
38.6 39.6 Other division/assignments may be provided alternate work schedules under the
following language:
Formatted: Indent: Left: 0"
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Employees may request that the Department Head or his/her designee consider alternate
work schedules. Examples of alternate work schedules include 4/10 schedules, 9/80
schedules, 12-hour schedules, flexible schedules, etc. Alternate schedules may provide
for paid or unpaid lunch periods of 30, 45 or 60 minutes.
Except in cases of emergency, employees will be provided advance notice of at least
thirty calendar days prior to having an alternate work schedule discontinued. Such notice
does not apply to moving between alternate schedules, temporary schedule changes,
flexible schedules, etc. If an alternate schedule is discontinued, the Department will
notify the Association of the reason(s) for ending the schedule.
Employees on flexible/alternate schedules shall continue to accrue time on the standard
eight (8) hour day. Accrued leave shall be charged based on the number of hours missed
due to a flexible schedule.
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 4039
SWAT
SWAT team members are required to maintain a higher standard of physical fitness than the
normal employee. The City will reimburse each SWAT team member who 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 yearly rate of $375.00 per member. At the
City’s request each member requesting reimbursement may be required to provide proof of
purchase or of membership and active participation.
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ARTICLE 410
TRAUMATIC INCIDENTS
Employees involved in a traumatic critical incident as defined by Operations Directive T-
12Department Policy, where the employee may be subject to investigation, shall be advised of
his/her right to representation.
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ARTICLE 421
NO DISCRIMINATION
42.1 There shall be no discrimination by the City of San Luis Obispo in employment
conditions or treatment of employees on the basis of race, color, religion, national origin,
sex, sexual orientation, age, marital status, physical or mental disability, association
membership or non-membership, or participation in the activities of the Association.
42.2 There shall be no discrimination by the San Luis Obispo Police Officers Association
in treatment of employees on the basis of race, color, religion, national origin, sex, sexual
orientation, age, marital status, physical or mental disability, Association membership or
non-membership, or participation in the activities of the Association.
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ARTICLE 432
STAFFING
The current number of positions in the Police Department represented by the Association is
Forty-FiveThree (4543) Police Officers, ElevenTen (1110) Communication Technicians, One (1)
Police Field Service Technicians, Five (5) Police Records Clerks, One (1) Property and Evidence
Clerk, and One (1) Evidence Technician. If it becomes necessary for the City to exercise its
management right to change those staffing levels, the City acknowledges its responsibility to
meet and confer with the Association on the impacts of any such changes.
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ARTICLE 443
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiable
issues between the City and the Association. This Agreement supersedes all previous
Memoranda of Understanding or Memoranda of Agreement between the City and the
Association except as specifically referred to in this Agreement. The parties, for the term of this
Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect
to any practice, subject or matter not specifically referred to or covered in this Agreement even
though such practice, subject or matter may not have been within the knowledge of the parties at
the time this Agreement was negotiated and signed. In the event any new practice or subject
matter arises during the term of this Agreement and an action is proposed by the City, the
Association will be afforded notice and shall have the right to meet and confer upon request.
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ARTICLE 454
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 b e 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 465
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 476
TERM OF AGREEMENT
This Agreement shall become effective January 1, 20162012, and shall continue in full force and
effect until expiration at midnight, June 30, 2018December 31, 2015.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are shown in
Appendix “A”.
2. This Agreement does not apply to temporary 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. AdamsDale E. Strobridge,
Chief Negotiator Chief Negotiator
____________________________________ ______________________________
Monica Irons, Human Resources Director Aaron SchaferMatt Blackstone,
SLOPOA President
Negotiator
____________________________________ ______________________________
Greg Zocher, Human Resources Manager Amy ChastainChristy Beckwith,
Negotiator
______________________________
Russ Griffith, Negotiator
______________________________
Chad Pfarr, Negotiator
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______________________________
Barbara Sims, Negotiator
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APPENDIX A
CLASSIFICATION
Non-Sworn
Communications Technician
Evidence Technician*
Police Field Service Technician*
Police Cadet
Police Records Clerk I*
Police Records Clerk II*
Property and Evidence Clerk*
Denotes Non-Shift classifications
Sworn
Police Officer
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APPENDIX B
GRIEVANCE FORMS
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CITY OF SAN LUIS OBISPO PAGE _____ OR _____
FORMAL GRIEVANCE
INSTRUCTIONS: Grievance must be filed within 15 business days of the occurrence. First discuss with
your Immediate Supervisor, then with your Supervisor’s Superior. If not resolved, complete this form and
distribute in accordance with departmental procedures.
Grievant’s Name (PLEASE PRINT OR TYPE)
Class Title
Has this grievance been discussed with your Immediate Supervisor?
Date of Discussion
Name of Immediate Supervisor
Title
Has this grievance been discussed with your Supervisor’s Superior?
Date of Discussion
Name of your Supervisor’s Superior
Title
1. What is the action or situation about which you have a grievance?
(Be specific, give: date, time, location, and witnesses.)
2. What do you think should be done about it?
3. What was your Supervisor’s response?
What provision of the Rules, Regulations, or Agreement was violated?
Article of MOA
Department Rule
Date of Grievable Incident
What other person do you want notified of any hearings held or actions taken on this grievance?
Name: Mailing Address:
His/her role in grievance:
Grievant’s Signature: ____________________________________ Date: ____________________
Received by: ___________________________________________ Date: ____________________
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CITY OF SAN LUIS OBISPO
GRIEVANCE APPEAL
INSTRUCTIONS: Appeal to the City Manager must be filed within five (5) business days of receipt of the
Chief of Police’s decision. Appeal to the Hearing Officer must be filed within five (5) business days of
receipt of the decision of the City Manager. Complete form and distribute in accordance with
departmental procedures.
Grievant’s Name (PLEASE PRINT OR
TYPE)
Class Title
Date of Grievance Initiation
I wish to appeal the Grievance Response signed by:
Name: Title: Date:
Level to which grievance is being appealed: (CHECK ONE)
City Manager via Personnel Director Hearing Officer
Reason for Appeal:
Grievant’s Signature: ____________________________________ Date: ___________________
Received by: ___________________________________________ Date: ___________________
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APPENDIX C
Salary Range Listing - January 2016 - June 2018
JANUARY 2016
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
POLICE RECORDS CLERK I1,596$ 1,680$ 1,768$ 1,861$ 1,959$ 2,062$ 2,170$ xx
POLICE RECORDS CLERK II1,768$ 1,861$ 1,959$ 2,062$ 2,170$ 2,284$ 2,404$ xx
POLICE CADET1,964$ 2,067$ 2,176$ 2,291$ 2,412$ 2,539$ 2,673$ xx
POLICE FIELD SERV TECH2,075$ 2,184$ 2,299$ 2,420$ 2,547$ 2,681$ 2,822$ xx
PROPERTY & EVIDENCE CLERK2,075$ 2,184$ 2,299$ 2,420$ 2,547$ 2,681$ 2,822$ xx
COMMUNICATIONS TECH2,126$ 2,238$ 2,356$ 2,480$ 2,611$ 2,748$ 2,893$ xx
EVIDENCE TECHNICIAN2,840$ 2,989$ 3,146$ 3,312$ 3,486$ 3,669$ 3,862$ xx
POLICE OFFICER2,565$ 2,700$ 2,842$ 2,992$ 3,149$ 3,315$ 3,489$ 3,673$ 3,866$
JULY 2016
Summary of Changes: 1% Recruitment and Retention Market Increases
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
POLICE RECORDS CLERK I1,611$ 1,696$ 1,785$ 1,879$ 1,978$ 2,082$ 2,192$ xx
POLICE RECORDS CLERK II1,785$ 1,879$ 1,978$ 2,082$ 2,192$ 2,307$ 2,428$ xx
POLICE CADET1,985$ 2,089$ 2,199$ 2,315$ 2,437$ 2,565$ 2,700$ xx
POLICE FIELD SERV TECH2,096$ 2,206$ 2,322$ 2,444$ 2,573$ 2,708$ 2,850$ xx
PROPERTY & EVIDENCE CLERK2,096$ 2,206$ 2,322$ 2,444$ 2,573$ 2,708$ 2,850$ xx
COMMUNICATIONS TECH2,148$ 2,261$ 2,380$ 2,505$ 2,637$ 2,776$ 2,922$ xx
EVIDENCE TECHNICIAN2,868$ 3,019$ 3,178$ 3,345$ 3,521$ 3,706$ 3,901$ xx
POLICE OFFICER2,592$ 2,728$ 2,872$ 3,023$ 3,182$ 3,349$ 3,525$ 3,710$ 3,905$
JANUARY 2017
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
POLICE RECORDS CLERK I1,644$ 1,730$ 1,821$ 1,917$ 2,018$ 2,124$ 2,236$ xx
POLICE RECORDS CLERK II1,820$ 1,916$ 2,017$ 2,123$ 2,235$ 2,353$ 2,477$ xx
POLICE CADET2,024$ 2,131$ 2,243$ 2,361$ 2,485$ 2,616$ 2,754$ xx
POLICE FIELD SERV TECH2,138$ 2,250$ 2,368$ 2,493$ 2,624$ 2,762$ 2,907$ xx
PROPERTY & EVIDENCE CLERK2,138$ 2,250$ 2,368$ 2,493$ 2,624$ 2,762$ 2,907$ xx
COMMUNICATIONS TECH2,191$ 2,306$ 2,427$ 2,555$ 2,689$ 2,831$ 2,980$ xx
EVIDENCE TECHNICIAN2,924$ 3,078$ 3,240$ 3,411$ 3,591$ 3,780$ 3,979$ xx
POLICE OFFICER2,643$ 2,782$ 2,928$ 3,082$ 3,244$ 3,415$ 3,595$ 3,784$ 3,983$
Summary of Changes: 2% COLA all classifications
Summary of Changes: 2% COLA all classifications
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JULY 2017
Summary of Changes: 1% Recruitment and Retention Market Increases
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
POLICE RECORDS CLERK I1,660$ 1,747$ 1,839$ 1,936$ 2,038$ 2,145$ 2,258$ xx
POLICE RECORDS CLERK II1,839$ 1,936$ 2,038$ 2,145$ 2,258$ 2,377$ 2,502$ xx
POLICE CADET2,045$ 2,153$ 2,266$ 2,385$ 2,511$ 2,643$ 2,782$ xx
POLICE FIELD SERV TECH2,158$ 2,272$ 2,392$ 2,518$ 2,650$ 2,789$ 2,936$ xx
PROPERTY & EVIDENCE CLERK2,158$ 2,272$ 2,392$ 2,518$ 2,650$ 2,789$ 2,936$ xx
COMMUNICATIONS TECH2,213$ 2,329$ 2,452$ 2,581$ 2,717$ 2,860$ 3,010$ xx
EVIDENCE TECHNICIAN2,955$ 3,110$ 3,274$ 3,446$ 3,627$ 3,818$ 4,019$ xx
POLICE OFFICER2,669$ 2,809$ 2,957$ 3,113$ 3,277$ 3,449$ 3,631$ 3,822$ 4,023$
JANUARY 2018
Title Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
POLICE RECORDS CLERK I1,693$ 1,782$ 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ xx
POLICE RECORDS CLERK II1,876$ 1,975$ 2,079$ 2,188$ 2,303$ 2,424$ 2,552$ xx
POLICE CADET2,085$ 2,195$ 2,311$ 2,433$ 2,561$ 2,696$ 2,838$ xx
POLICE FIELD SERV TECH2,202$ 2,318$ 2,440$ 2,568$ 2,703$ 2,845$ 2,995$ xx
PROPERTY & EVIDENCE CLERK2,202$ 2,318$ 2,440$ 2,568$ 2,703$ 2,845$ 2,995$ xx
COMMUNICATIONS TECH2,256$ 2,375$ 2,500$ 2,632$ 2,771$ 2,917$ 3,070$ xx
EVIDENCE TECHNICIAN3,012$ 3,171$ 3,338$ 3,514$ 3,699$ 3,894$ 4,099$ xx
POLICE OFFICER2,722$ 2,865$ 3,016$ 3,175$ 3,342$ 3,518$ 3,703$ 3,898$ 4,103$
Summary of Changes: 2% COLA all classifications
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RESOLUTION NO . 10248 (2011 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO MODIFYING IT S
COMPENSATION PHILOSOPHY SUPERSEDING PREVIOU S
RESOLUTIONS IN CONFLIC T
WHEREAS,the City of San Luis Obispo strives to provide excellent service to th e
community at all times, and supports this standard by promoting organizational values includin g
customer service, productivity, accountability, innovation, initiative, stewardship, and ethics ; an d
WHEREAS,to achieve our service standards, the City must attract and retain wel l
qualified employees who exemplify our organizational values ; an d
WHEREAS,fostering an environment attractive to such employees depends upon man y
factors, including a competitive compensation program .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo that the City's compensation philosophy is adopted as follows :
SECTION 1 .The City is committed to providing competitive compensation as part o f
an overall strategy of attracting and retaining well qualified employees who exemplify ou r
organizational values .
SECTION 2 . The City will consider total compensation, including but not limited to ,
salary, health, retirement, and time off benefits .
SECTION 3 .In evaluating competitive compensation, the City considers :
A.Financial sustainability including the City's financial condition as reflecte d
throughout the financial forecast, competing service priorities, maintenance needs, capita l
improvement and other asset requirements, fund reserve levels, and revenue projections prior t o
implementing changes in compensation .
B.Community acceptability since taxpayers and ratepayers ultimately fund al l
employee compensation .
C.The "relevant labor market"that may vary depending upon classification and i s
primarily defined by the geographic region (local, state-wide, or national) and key market s
(municipal, other government agencies, private sector) where labor talent is found, recruite d
from, and/or lost.
When the relevant labor market is defined as "local"; local private sector compensation data wil l
be considered along with local public sector compensation (municipal and other governmen t
agencies . When the relevant labor market is statewide or national, the City will conside r
compensation date for public sector agencies (municipal and other government) with severa l
R 10248
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Resolution No . 10248 (2011 Series )
Page 2
comparable demographic data points including but not limited to population, median home price ,
median household income, median age, median education level, services provided, an d
unemployment rate . Quality of life should also be considered when selecting comparable
municipal and other government agencies .
D."Internal relationships"referring to the relative value of classifications to on e
another as determined by the City . Classifications performing comparable duties, wit h
comparable responsibilities, requiring a similar level of skill, knowledge, ability, and judgment ,
will be valued similarly in the City's compensation structures .
E.Other relevant factors may include unforeseen economic changes, natura l
disasters, states of emergency, changes in City services, and changes in regulatory or lega l
requirements .
SECTION 4 .At least every five years, the City will evaluate its compensation structure ,
programs, and policies to assess market competitiveness, effectiveness, and compliance with Stat e
Law . Adjustments to the compensation structure may be made as a result of this periodi c
evaluation and will be done through the collective bargaining process, if applicable, or othe r
appropriate Council-management processes .
Upon motion of Council Member Carter, seconded by Council Member Carpenter, and o n
the following vote :
AYES :
Council Members Carpenter, Carter and Smith, and Mayor Mar x
NOES :
Vice Mayor Ashbaug h
ABSENT : Non e
The foregoing resolution was adopted on March 15, 2011 .
ATTEST :
Elaina Can o
City Clerk
APPROVED AS TO FORM :
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Adjustments to Compensation for the
San Luis Obispo Police Officers’
Association (POA)
Monica Irons, Human Resources Director
Greg Zocher, Human Resources Manager
April 19, 2016
Background
Labor Relations Objectives
Compensation Philosophy
Provides for competitive compensation
Compensation Study
Data from relevant labor market
POA Recruitment & Retention
Challenges
Statewide challenges facing the industry
High number of agencies actively recruiting
Increased turnover
Continual recruitment to maintain staffing
Recommendation - POA
Adopt a resolution ratifying the Memorandum of
Agreement (MOA) with POA
Term – 2 ½ years (January 1, 2016 – June 30, 2018)
Cost of living increase
2% January 2016
2% January 2017
2% January 2018
Recruitment and Retention Market Adjustments to attract
and retain
1.0% July 2016
1.0% July 2017
Recommendation – Cont.
Adopt a resolution ratifying the Memorandum of
Agreement (MOA) with POA
Cost sharing of health benefit increases
Other items to address recruitment & retention issues
Uniform Allowance
$1,000 per year Sworn
$500 per year for Non-Sworn
A modest increase to Bilingual Pay & Standby Pay
Field Training Officer Incentive
Fiscal Impact
Five Year Fiscal Forecast
Modeled all increases to ensure fiscal responsibility
2015 – 17 Financial Plan
Accounts for all compensation adjustments
Questions