The Riverside Police Officer’s Association
and
The City of Riverside
Memorandum
Of
Understanding
Supervisory Unit
January 1, 2025 - December 31, 2027
MEMORANDUM OF UNDERSTANDING BETWEEN
THE REPRESENTATIVES OF MANAGEMENT FOR
THE CITY OF RIVERSIDE
AND
RIVERSIDE POLICE OFFICERS' ASSOCIATION
(POLICE SUPERVISORY UNIT)
PREAMBLE
The purpose of this document is to set forth the full terms and conditions of employment for the Police Supervisory Unit for the term of January 1, 2025 through December 31, 2027. This consolidated Memorandum of Understanding is entered into with reference to the following facts:
Representatives of Management for the City of Riverside (hereafter "City") and representatives of the Riverside Police Officers' Association (hereafter "Association" or "RPOA") have met on a number of occasions and have conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of non-management employee-members in the Police Supervisory Unit represented by the Association.
TABLE OF CONTENTS
ARTICLE 1 RECOGNITION CLAUSE
ARTICLE 2 PAY PRACTICES
SECTION 2.1 GENERAL PAY
2.1 Sergeant and Chief Pilot increases equal to Police Unit
SECTION 2.2 STEP PROGRESSION
SECTION 2.3 EDUCATIONAL INCENTIVEPOST CERTIFICATE PAY
2.3.2 Intermediate Certificate
2.3.3 Advanced Certificate
SECTION 2.4 BILINGUAL PAY
SECTION 2.5 ASSIGNMENTPATROL PREMIUM PAY AND FUGITIVE
OFFICER PREMIUM PAY
SECTION 2.6 FIELD TRAINING OFFICER (FTO) PREMIUM PAY
2.6.1 FTO Sergeant premium pay for program assignment
2.6.2 FTO Sergeant premium pay for training trainee
SECTION 2.7 SHIFT DIFFERENTIAL
2.7.1 Police Sergeant Shift-Diff pay
2.7.2 Assignments to watches not special assignments
2.7.3 Motors, Metro, and PACT included
SECTION 2.8 ACTING WATCH COMMANDER
SECTION 2.9 DEFERRED COMPENSATION
SECTION 2.10 TUITION REIMBURSEMENT
SECTION 2.11 SERGEANT’S PATROL PREMIUM PAY
SECTION 2.12 SERGEANT’S CANINE INCENTIVE PREMIUM PAY
SECTION 2.13CHIEF PILOT
ARTICLE 3 HOURS AND OVERTIME
SECTION 3.1 PAYMENT FOR OVERTIME
3.1.1 Modified Duty Medical Appointments
SECTION 3.2 4-10 PROGRAM
3.2.1 Meal Periods
3.2.2 Exclusions
SECTION 3.3 COMPENSATORY TIME
3.3.1 Banking overtime hours is at the election of the employee
3.3.2 Comp time cap
3.3.3 Comp time cash out
3.3.4 December pay down
SECTION 3.4 COURT TIME
3.4.1 2 hour minimum
3.4.2 2 hour minimum when more than 1 hour before shift
3.4.3 Overtime pay beyond two hours
3.4.4 Court overtime less than 1 hour before shift
3.4.5 Court overtime that extends beyond regular shift
3.4.7 Moreno Valley Court
SECTION 3.5 ON-CALL
3.5.1 On-Call pay rate
3.5.2 On-Call response within 60 minutes of notification
3.5.3 On-Call pay for Sergeant’s who have subordinates on call SECTION 3.6 SHIFT CHANGE
SECTION 3.7 TEMPORARY ADJUSTMENT OF HOURS AND DUTIES
ARTICLE 4 GENERAL PERSONNEL PROVISIONS
SECTION 4.1 SERGEANT PEER INVESTIGATIONS PROHIBITED
SECTION 4.2 TAKE HOME CARS
SECTION 4.3 SERGEANT CALLED IN FOR WORK MEETING
SECTION 4.4 UNIFORMS
4.4.1 City to provide uniforms and safety equipment
4.4.2 SWAT gear provided
SECTION 4.5 SPECIAL ASSIGNMENT/COLLATERAL DUTY
4.5.1 Special Assignment
ARTICLE 5 LEAVE PROVISIONS
SECTION 5.1 HOURS PER PAY PERIOD ACCRUAL FOR SICK LEAVE SECTION 5.2 FAMILY SICK LEAVE
SECTION 5.3 SICK LEAVE PAYOUT
SECTION 5.4 BEREAVEMENT LEAVE
SECTION 5.5 MILITARY LEAVE
SECTION 5.6 LEAVE OF ABSENCE
SECTION 5.7 RELEASE TIME
SECTION 5.8 ADMINISTRATIVE TIME
ARTICLE 6 VACATION
SECTION 6.1 POLICY
SECTION 6.2 VACATION SCHEDULE
SECTION 6.3 ANNUAL VACATION BUY DOWN
SECTION 6.4 VACATION INCENTIVE
SECTION 6.5 LEAVE APPROVAL
ARTICLE 7 HOLIDAYS
SECTION 7.1 HOLIDAYS OBSERVED
SECTION 7.2 ELECTION DAY NOT A HOLIDAY
SECTION 7.3 OBSERVANCE OF HOLIDAYS
7.3.1 Uniformed Services
7.3.2 Non-Uniformed Services
SECTION 7.4 HOLIDAY TIME CREDIT
7.4.1 Holiday day off
7.4.2 Holiday bank
ARTICLE 8 EMPLOYEE INSURANCE
SECTION 8.1 MEDICAL / DENTAL
8.1.1 Medical / Dental premium amounts paid by City
8.1.2 Contribution amounts for medical and dental
8.1.3 City discontinuance of health insurance plans
8.1.4 Contributions do not apply to third payroll in any one month SECTION 8.2 LIFE INSURANCE
SECTION 8.3 LONG TERM DISABILITY
8.3.1 City contribution
8.3.2 Sergeant’s choice for LTD or Deferred Comp
SECTION 8.4 HEALTH INSURANCE STIPEND
ARTICLE 9 RETIREMENT
SECTION 9.1 RETIREMENT PLAN
9.1 City to pay employee contribution to PERS
9.1.2 One year highest compensation
9.1.3 Final year 9% bump
9.1.4 3% @ 50
9.1.5 1957 Survivor Benefit
9.1.6 1959 Survivors Benefit
SECTION 9.2 HEALTH INSURANCE COVERAGE FOR RETIREES
SECTION 9.3 RETIREE HEALTH INSURANCE FUND (2006 Plan)
9.3.1 City contribution amount Sept. 2006 to Dec. 2007
9.3.2 City contribution amount Jan. 2008
9.3.3 Benefit qualifications
9.3.4 Audit
SECTION 9.4 RETIREE HEALTH SAVINGS PLAN (meet and confer) ARTICLE 10 ATTENDANCE AT TRAINING OR SCHOOLS
SECTION 10.1 ADJUSTED TIME WITH 28 DAYS NOTICE
SECTION 10.2 ADJUSTED TIME SCHEDULING
SECTION 10.3 OVERTIME FOR UNUSED ADJUSTED TIME OFF
SECTION 10.4 28 DAY WORK PERIODS IDENTIFIED
SECTION 10.5 FAILURE TO PROVIDE 28 DAY NOTICE
SECTION 10.6 28 DAY NOTICE WAIVER
SECTION 10.7 MEET AND CONFER WAIVER
SECTION 10.8 ADHERENCE TO PROVISIONS
ARTICLE 11 TRANSFERS WITHIN THE DEPARTMENT
SECTION 11.1 MEET AND CONFER REGARDING TRANSFER POLICY
ARTICLE 12 This Article is intentionally blank
ARTICLE 13 PERFORMANCE EVALUATIONS
ARTICLE 14 DRUG TESTING
ARTICLE 15 REPLACEMENT OF PERSONAL ITEMS
ARTICLE 16 GRIEVANCE PROCEDURES
SECTION 16.1 PURPOSE
SECTION 16.2 DEFINITION
SECTION 16.3 POLICY
SECTION 16.4 PROCEDURE
SECTION 16.5 TERMS
SECTION 16.6 CCW ENDORSEMENT HEARINGS FOR RETIREES
ARTICLE 17 AGENCY SHOP
ARTICLE 18 NO CONCERTED ACTIVITIES
ARTICLE 19 PROVISIONS BY LAW
ARTICLE 20 ENTIRE AGREEMENT
7 ARTICLE 1: RECOGNITION CLAUSE
Pursuant to the provision of the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Riverside recognizes the Riverside Police Officers' Association as the exclusive bargaining representative of the employees in certain sworn safety ranks employed by the Riverside Police Department hereinafter the ‘Supervisory Unit’ as follows:
Supervisory Unit Included: Police Sergeant and Chief Pilot
Excluded: All other sworn safety ranks, Police Officer, Police Detective, Police Pilot, all civilian employees,
management, confidential employees, and part-time
employees.
ARTICLE 2: PAY PRACTICES
Section 2.1 GENERAL PAY
2.1.1 Effective with pay period beginning January 3,
2025, all members of the bargaining unit shall
receive a four percent (4%) increase to their base
salary.
2.1.2 Effective with pay period following January 1,
2026, all members of the bargaining unit shall
receive a four percent (4%) increase to their base
salary.
2.1.1.3 Effective with pay period following January 1,
2027, all members of the bargaining unit shall
receive a five percent (5%) increase to their base
salary.
2.1.1.4 Effective with pay period following January 1,
2027, an additional 5% step will be added to the
current salary range of the Police Sergeant and
Chief Pilot classifications.
Section 2.2 STEP PROGRESSION
2.2.1 The years of service requirement for eligibility for merit increases on appointment or promotion are:
2.2.1.1 Step 1 to Step 2 - 6 months.
2.2.1.2 Each additional step within the range at one (1) year intervals.
8 Section 2.3 EDUCATIONAL PAY – PEACE OFFICER STANDARD TRAINING (POST) CERTIFICATE PAY
2.3.1 Effective January 1, 2017, to comply with CalPERS special compensation language requirements, TThe
City will grantprovide certificate pay on a bi-weekly
basis to all eligible unit members who qualify the
following percentage amounts paid at the employee’s
base pay for having and/or obtaining an Intermediate or Advanced Certificate from the Commission on Peace
Officers Standards & Training (POST) of the State of
California.
2.3.2 Intermediate Certificate –Ten percent (10%) premium pay for those who possess a POST Intermediate
Certificate; or
2.3.3 Advanced Certificate –Fifteen percent (15%) premium pay for those who possess a POST Advanced
Certificate.
2.3.4 POST Supervisor Certificate – In addition to the
Intermediate or Advanced Certificate, members
meeting the requirements and possessing a POST
Supervisor certificate would be eligible for 2.5%
incentive pay.
Section 2.4 BILINGUAL PAY
Effective January 1, 2017, to comply with CalPERS special compensation language requirements, Eemployees who are
routinely and consistently required to communicate in languages other than English shall receive a bilingual stipend shall be an additional three percent (3%) of base salary on a bi-weekly basis.
Employees Employees must must meet all eligibility requirements outlined in Human Resources policy V-16 pass a bilingual assessment administered by Human Resources.
The Union and the City agree to have a re-opener as soon as practical on the Bilingual Pay provision outlined in Section 2.4 to update as necessary if required by CalPERS.
Section 2.5 ASSIGNMENT MOTORCYCLE PATROL PREMIUM PAY AND
FUGITIVE OFFICER PREMIUM PAY
The assignment incentive pay for each employee serving in the 9 listed capacities shall be as follows:
2.5.1 Motorcycle Premium Pay: Effective January 1, 2017, to comply with CalPERS special compensation language
requirements, Unit Members who are routinely and consistently assigned to operate and/or patrol on motorcycle shall receive a 3% pay on a bi-weekly basis calculated off the employee’s base salary.
2.5.2 Fugitive Officer Premium Pay: Effective January 1, 2017, to comply with CalPERS special compensation language
requirements, Unit Members who are routinely and consistently assigned to pursue persons who have or are fleeing from justice shall receive bi-weekly premium pay calculated off the employee’s base salary as follows based on the assigned Fugitive Officer Team:
Motorcycle Sergeant 3%
Metro Team Sergeant (Red Team) 3%
Collateral Metro Sergeant (Blue / White Team) 1.5%
Metro Sniper Team Sergeant 1.5%
Hostage Negotiation Team Sergeant 1.5%
The incentive pay calculation will be based off of the employee’s base salary.
The Union and the City agree to have a re-opener as soon as practical on the Assignment Premium Pay provisions outlined in Section 2.5 to update as necessary if required by CalPERS.
Section 2.6 FIELD TRAINING OFFICER SERGEANT PREMIUM PAY
2.6.1 The Field Training Administrative Sergeant earns ten hours of straight compensatory time for each month that they
supervise the Field Training Officer (FTO) program.
2.6.2 Field Training Sergeants earn ten hours of straight compensatory time for each month that they supervise at least one trainee.
Section 2.7 SHIFT DIFFERENTIAL
2.7.1 Sergeants who are regularly assigned to Watch A
(Graveyard Shift) shall receive additional compensation in the amount of thirty dollars ($30.00) for each such shift; Sergeants who are regularly assigned to Watch C (Swing
Shift) shall receive additional compensation in the amount of twenty-two dollars and fifty cents ($22.50) for each such shift.
2.7.2 Under no circumstances shall assignments to Watches be 10 considered "special assignments." Shift differential applies to employees classified as Police Sergeants.
2.7.3 Subject to the conditions described herein, shift differential shall apply to sergeants assigned to Police Motorcycle Duty ("Motors"), Metro Unit ("Metro"), and Parole And Corrections Team (“PACT”).
2.7.4 Police Motorcycle Duty ("Motors"), Metro Unit ("Metro"), and Parole And Corrections Team (“PACT”) whose regularly
assigned shift begins at 12:00 p.m. are eligible for the Swing shift differential. The foregoing language does not limit the Department's latitude to adjust the shift starting times as circumstances require.
Section 2.8 ACTING WATCH COMMANDER
Sergeants acting as Watch Commander shall receive the full value of top step Lieutenant pay.
Section 2.9 DEFERRED COMPENSATION
The City shall make available to affected employees its 457 deferred compensation programs.
The City will implement a program permitting unit members to elect to place overtime pay, compensatory time, and excess vacation time into their respective deferred compensation accounts. The amounts remain subject to limits established by plan administrators or the Internal Revenue Service
The City will contribute three hundred and thirty five dollars ($335.00) per month to Sergeants 401A deferred compensation plan provided the employee contributes at least $50 per month.
If the Sergeant does not participate in the Long Term Disability (LTD) program the City will contribute an additional fifteen dollars ($15.00) per month to the City’s deferred compensation program for that Sergeant.
Section 2.10 TUITION REIMBURSEMENT
Appendix B is Tuition Reimbursement excerpt
The City agrees to increase tuition reimbursement for Sergeants to five hundred ($500.00) to a maximum of one thousand five hundred dollars ($1,500.00) annually. The parties adopt the present City Education Reimbursement Program for incorporation herein, except that the program is not subject to final approval upon the 11 availability of budgeted funds. See Appendix B.
Section 2.11 SERGEANT’S PATROL PREMIUM PAY
Effective January 1, 2017, Sergeants assigned to Patrol Division shall receive a bi-weekly five percent (5%) stipend calculated off the employee’s base pay for routinely and consistently assigned to patrol detail. The following assignments are not considered part of Patrol Division: METRO, Traffic, UNET, and PACT.
Section 2.12 SERGEANT’S CANINE INCENTIVE PREMIUM PAY
Effective January 1, 2017, to comply with CalPERS special compensation language requirements, Sergeantsemployees that are consistently and regularly assigned responsibility for to collateral canine handling and care duties, will be compensated with a 5% stipend. The 5% stipend will be paid bi-weekly and calculated off the employee’s base pay. Those accepting the assignment understand and expressly waive the weekly on-call compensation currently identified in the Memorandum of
Understanding.
Section 2.13 CHIEF PILOT
At the discretion of the Chief of Police, RPD personnel assigned to the Air Support Unit as a Pilot in Command, who is an RPD Certified Flight Instructor, and who meets the requirements for the rank of Chief Pilot, shall be promoted to the rank of Chief Pilot.
Only (1) Chief Pilot position will be filled at any given time.
The City will provide required FAA Second Class Medical Examinations to pilots assigned to the Air Support Unit (ASU).
Pilots assigned to ASU will be allowed one hour of physical training each duty day to maintain fitness standards required to comply with FAA requirements.
ARTICLE 3 HOURS AND OVERTIME
Section 3.1 PAYMENT FOR OVERTIME
Overtime shall be compensated at one and one-half (1 ½) times the employee’s regular hourly rate of pay for all hours worked beyond an employee’s scheduled/normal shift. This is also referred to as the “premium rate.”
3.1.1 MODIFIED DUTY MEDICAL APPOINTMENTS
Employees going to doctor appointments or physical
therapy appointments during their modified duty hours
12 are to code their timecard with the appropriate
Industrial/Sick Leave Code for the time spent at these
appointments. Doctor appointments and physical
therapy appointments are not compensated by
overtime.
Section 3.2 4 - 10 PROGRAM
The regularly scheduled hours of work for all sworn personnel classified as Police Sergeant shall be four (4) days per week, ten (10) hours per day (the "4-10 program") subject to the conditions below:
3.2.1 MEAL PERIODS
Employees assigned to uniformed and non-uniformed
services shall continue to be scheduled for the four-ten (4-10) program and their meal periods will continue to
occur during the ten hour shift.
3.2.2 EXCLUSIONS
Light duty assignments, special assignments and/or
major operations may be excluded from the four-ten (4-
10) program at the discretion of the Chief, or designee.
A special assignment is one that is for a limited defined duration, such as, for example, personnel and training, and public information sergeant. Such schedules will be determined by the Chief. Personnel applying for such
special assignments will be notified of the applicable
schedule prior to the time applications for the
assignment are due.
Members who have been determined to have a work
related injury (whether off work or on a modified duty
assignment) may be assigned to work in the Personnel
and Training Division during the hours of 0700 to 1700
Monday through Thursday. All medical appointments
shall be expected to be scheduled on an assigned work
day (Monday through Thursday between 0700 hours
and 1700 hours). If an appointment is unavailable
during those times and medical services are required
on a Friday, Saturday, or Sunday, then the Member
shall be expected to “flex” his or her time so as to avoid exceeding the forty (40) hour work week.
Section 3.3 COMPENSATORY TIME
3.3.1 Banking overtime hours worked as compensatory time or being paid as cash overtime is at the exclusive
13 election of the employee.
3.3.2 The cap for maximum accumulation of compensatory
time off for Sergeants shall be one-hundred sixty hours (160).
3.3.3 During the course of each year, employees shall have the option of cashing out earned compensatory time,
with two (2) weeks notice.
3.3.4 During each December, all accumulated compensatory time shall be paid for in cash unless the employee
elects to retain time into the following year, wherein
he/she may carry-forward forty (40) hours of accrued
compensatory time upon such election. Should the
employee have less than forty (40) hours of
accumulated time and elects not to have it paid for in
cash, the employee may retain and carry-forward the
balance of his/her accumulated time.
Section 3.4 COURT TIME
3.4.1 The minimum compensation for court time shall be two (2) hours at the applicable overtime rate.
3.4.2 On each occasion where an employee covered by this agreement is required to appear in court in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with
the City at a time outside of the employee's regularly
scheduled work shift, and an hour or more prior to the
commencement of the employee's regularly scheduled
work shift, such employee shall receive at least two (2) hours overtime compensation at the applicable regular
rate of pay (i.e., the premium rate).
3.4.3 If such court appearance lasts for more than two (2) hours of off-duty time, the employee shall receive
overtime compensation for the actual amount of all
such off-duty time at the premium rate.
3.4.4 In circumstances where the court appearance is
scheduled to commence less than one hour prior to the
beginning of the employee's regularly scheduled work
shift, the employee shall receive overtime
compensation at the premium rate for the entire period
between the scheduled commencement time of the
court appearance and the time the employee's shift is
scheduled to begin.
14 3.4.5 When an employee commences a court appearance
during the course of a regularly scheduled work shift
and the court appearance extends beyond the
scheduled expiration of that shift, the employee shall
receive overtime compensation at the premium rate for
the entire portion of the court appearance that extends beyond the scheduled termination of the employee's
regular work shift.
3.4.6 Except as modified above, the existing practices, procedures and policies regarding court appearances
and court time shall not be changed by this agreement
and will continue in full force and effect.
3.4.7 For purposes of providing appropriate overtime
compensation out of city travel to court, travel to and from court in Moreno Valley shall be standardized at
thirty (30) minutes prior to the subpoena reporting time and at thirty (30) minutes following the officer’s release from court, regardless of actual travel time.
Section 3.5 ON-CALL
3.5.1 An employee on call from the end of the regularly scheduled work shift to the beginning of the next day's regularly scheduled work shift shall be paid therefore at the rate of one (1) hour straight time pay; four (4) hours straight time pay shall be paid for each continuous
twenty-four (24) hours on call. This provision also
applies when an off duty unit member is on call for
court.
3.5.2 Employees in a paid on-call status are required to promptly respond to the designated location and arrive
within a reasonable period of time after being notified to respond. Reasonable response time shall be the time
required to get ready and then drive at normal speeds
to the designated duty location (including the need to
first stop at the station if necessary). Employees
subject to this provision must be able to arrive at the designated duty location within sixty (60) minutes of
notification.
3.5.3 On-call sergeants will receive pay equity to on-call officers/detectives. In other words, sergeants who are
placed in an on-call status shall receive like on-call pay for actual on-call pay as officers/detectives who are
placed in an on-call status.
3.5.4 The Chief of Police, or his/her designee, shall
15 determine all Department personnel who are placed in an on-call status. The number of personnel who are on-
call may fluctuate with the needs of the Department as
determined by the Chief of Police.
Section 3.6 SHIFT CHANGE
The City reserves the right to replace the semi-annual shift change with an annual shift change.
Section 3.7 TEMPORARY ADJUSTMENT OF HOURS AND DUTIES
The City of Riverside, at the discretion of the Chief of Police, reserves the right to reassign Police Department personnel, (including assignments and duties), and adjust employee schedules (including shift times, working hours, and days off) on a temporary basis, within 14 consecutive-calendar-day notice, to meet the operational needs of the Department, for planned and unplanned incidents.
ARTICLE 4 GENERAL PERSONNEL PROVISIONS
Section 4.1 SERGEANT PEER INVESTIGATIONS PROHIBITED
Lieutenants will investigate Sergeants who initiate pursuits, use of force, traffic collisions and the like, excluding investigations conducted by Internal Affairs. There will no longer be peer-to-peer investigations of sergeants by another Sergeant in such cases; patrol lieutenants are to conduct these investigations.
Section 4.2 TAKE HOME CARS
Non-uniformed sergeants take city-assigned vehicles home under current practice as approved by the Chief of Police. The City will continue to permit non-uniformed sergeants to take home City cars under the present practice. The City recognizes that this matter is subject to meet and confer should the City believe a change to the practice is warranted. However, no re-opener is intended hereby.
Section 4.3 SERGEANT CALLED IN FOR WORK MEETING
When a Sergeant is called in for a meeting between shifts or on his/her day off, he or she shall receive a minimum of two hours’ pay at the applicable rate. In the event the meeting lasts less than two hours, the Department reserves the right to assign up to two hours’ work.
Section 4.4 UNIFORMS
4.4.1 Effective January 1, 2017, Tthe City will provide 16 required uniforms and safety equipment. The monetary value of the Uniform (clothing) maintenance, purchase,
etc. per pay period for eligible Classic CalPERS
members is $12.93. This amount is not payable to the
employee.
4.4.2 SWAT gear – The City, in consultation with the Red team Sergeant with respect to quality standards and
functionality, will procure and provide one (1) set of the following items to each Metro team member:
Uniform & Safety
Balaclava, Hatch #NH5000
2 Name tag, cloth
2 BDU pants
2 BDU Shirt
T-Shirt, Black w/ MFF emblem
HD Field Jacket
Nomex gloves
Boonie type hat
Leather rappel/fast rope gloves
Eye protection
Custom fit hearing protection
Knee pads
Handgun light
Flashlight
Tactical boots
Nylon under belt
Nylon cuff case
Nylon holster
Nylon keepers, set (4)
Nylon mag pouch, double
Nylon OC holder
Nylon radio holder
Nylon Sam Browne
Name tag, brass w/blk letters: METRO Team
Section 4.5 SPECIAL ASSIGNMENT/COLLATERAL DUTY
4.5.1 At least three (3) years of sworn time with the
Riverside Police Department is required for all special assignments and collateral duties, with the exception
of Field Training Officer (FTO) assignments.
ARTICLE 5 LEAVE PROVISIONS
Section 5.1 HOURS PER PAY PERIOD ACCRUAL FOR SICK LEAVE
Sick leave will accrue at the rate of 3.7 hours per pay period.
17 Section 5.2 FAMILY SICK LEAVE
Employees may apply any accrued leave balances for family illness or FMLA / CFRA. Family sick leave will be allowed only for the sickness or injury of the spouse, child, mother, father, registered domestic partner or child of domestic partner of the employee.
Covered family relationships are defined by law, and do not include “in-laws.” There is no longer any requirement that the family member live in the same household.
Section 5.3 SICK LEAVE PAYOUT
Except as hereinafter provided, upon retirement or disability retirement pursuant to City ordinance, or under the Public or State Employees' Retirement System or pursuant to the provisions of any applicable agreement between the City and a State retirement system, or upon death, accumulated and unused sick leave credit shall be paid on the following basis:
5.3.1 Every person who has been employed for a continuous period of five years or more, but less than ten (10)
years, immediately preceding said retirement or
disability retirement shall receive payment comparable
to twenty-five percent of accumulated and unused sick
leave, or upon the death of every such person who has
been so employed for said continuous period
immediately preceding said employee's death the
estate or beneficiary of the deceased shall receive said payment.
5.3.2 Every person who has been employed for a continuous period of ten years or more immediately preceding said
retirement or disability retirement shall receive payment comparable to fifty percent (50%) of accumulated and
unused sick leave; or upon the death of every such
person who has been so employed for said continuous
period immediately preceding said employee's death,
the estate or beneficiary of the deceased shall receive said payment.
Section 5.4 BEREAVEMENT LEAVE
Every regular, full time employee who has been in the continuous employ of the City shall receive bereavement leave as set forth in table 5.6.6, which is attached hereto and incorporated herein by reference.
5.4.1 All regular, full-time employees of the City, regardless of period of service, may in the event of death of any
relative of the first degree by blood or marriage or any 18 relative with whom they reside within the same
household, or brother or sister, be allowed up to the
equivalent of one (1) work week of paid bereavement
leave. In the event of death of a relative of the second degree, who does not reside within the same
household, paid bereavement leave for one (1) work
day may be granted.
5.4.2 Persons regularly employed between twenty to twenty- nine hours per week may be granted one-half (1/2) of
the applicable leave and persons regularly employed
between thirty (30) to thirty-nine (39) hours per week
may be granted three-fourths (3/4) of the applicable
leave.
5.4.3 Relative Bereavement Time
Spouse 1 week
Child 1 week
Step-child 1 week
Parent 1 week
Step-parent 1 week
Mother-in-law 1 week
Father-in-law 1 week
Grandchild 1 day
Step-grandchild 1 day
Grandparent 1 day
Grandparent-in-law 1 day
Aunt Not covered
Uncle Not covered
Brother 1 week
Sister 1 week
Step-sister 1 week
Step-brother 1 week
Brother-in-law * See below
Sister-in-law * See below
One (1) week is provided for the death of an
employee’s brother-in-law or sister-in-law of the first degree which refers to the employee’s spouse’s
sibling.
One (1) day is provided for the death of an
employee’s brother-in-law, or sister-in-law of the
second degree which refers to the employee’s
sibling’s spouse, OR the employee’s spouse’s
sibling’s spouse.
Section 5.5 MILITARY LEAVE
19 5.5.1 Military leave shall be granted to employees in accordance with the provisions of federal and state law.
City Council reserves its right to supplement the
aforementioned federal and state law military leave
provisions.
5.5.2 Regular employees on approved Military Leave shall be entitled to their regular salary and compensation as a
City employee for the first thirty (30) calendar days of such leave in any fiscal year. Benefits are applied in accordance with Human Resources Policy.
5.5.3 The City shall provide continued health and dental benefits to such employee’s dependents, provided that
the dependents were covered for such benefits prior to
the employee being called to active duty.
Section 5.6 LEAVE OF ABSENCE
5.6.1 Every employee of the City may be allowed a leave of absence without pay by said employee’s department
head or designee, not to exceed thirty (30) calendar
days.
5.6.2 Every employee of the City, except temporary or
seasonal employees, may be allowed a leave of
absence without pay upon recommendation of said
employee’s department head or designee with the
approval of the Human Resources Director not to
exceed one hundred twenty (120) calendar days. The
one hundred twenty (120) calendar-day period includes
prior leaves under other policies taken for the same
reason. For example, a department head may grant an
employee a thirty (30) calendar-day leave, and the
Human Resources Director may approve an additional
90 calendar days of leave, which would total one
hundred twenty (120) days of leave.
Leave of absence beyond a one hundred twenty (120)
calendar-day period must be approved by the City
Manager up to a one year period, which includes the
prior leaves taken for the same reason. For example, a department head may grant an employee a thirty (30)
calendar-day leave; and the HR Director may approve
an additional ninety (90) calendar days of leave; and
the City Manager may grant an employee an additional
225 calendar days of leave, which would total three
hundred forty-five (345) calendar days of leave (i.e. one year).
20 5.6.3 Except as may be required by state or federal law, an employee of the City shall not be entitled to receive the benefits of vacation, holiday, sick leave or any portion of the City’s contribution towards health, dental, life or disability insurance premiums while on such leave.
Also, the employee’s performance evaluation/merit
increase date shall be subject to adjustment for all non- work time of twenty (20) days or more. The employee’s
hire date with the City will not be affected.
5.6.4 Family, Medical and Pregnancy Disability: Family, medical and pregnancy disability leave shall be granted to employees in accordance with the provisions of
federal and state law.
Section 5.7 RELEASE TIME
The City will grant release time up to 528 hours per year for the Association President or Board of Directors. The 528 hours is a maximum total amount available collectively to the President and/or the Board during the course of the year.
Section 5.8 ADMINISTRATIVE TIME
While on Administrative Time Off (aka Administrative Leave or Administrative Suspension), an employee shall not be forced to use vacation and holiday time. However, an employee placed on Administrative Time Off with a previously approved vacation shall be permitted to take such vacation (using the employee’s vacation bank) without restriction unless the Police Chief determines that the nature of the investigation concerning the employee, if any, requires the employee to remain reasonably available to respond to the police department and the Chief rescinds the approved vacation in his written suspension notice to the employee with specific reasons stated therefore. In such case, the employee shall be permitted to take his/her vacation immediately upon return to regular duties.
ARTICLE 6 VACATION
Section 6.1 POLICY
Vacation leave shall be scheduled and approved by the department head. Subject to department head approval, employees may take earned vacation within the same calendar year it is earned. No paid vacation leave shall be allowed unless such leave has been already earned.
21 If an employee has more than two years accumulated and unused vacation the excess vacation accrual, as of pay period beginning June 8, 2012 shall be paid off in cash on an hour-for-hour basis at the employee’s regular hourly rate of pay. The department is not required to pay down any excess vacation that already existed prior to June 8, 2012. The department head reserves the right to require employees to schedule vacation so that the employee's vacation balance will be reduced.
Section 6.2 VACATION SCHEDULE
The City's vacation schedule for the unit shall have the following vacation accrual schedule:
Years of Service Vacation Hours Earned
0 – 4 80
5 - 9 120
10 – 14 160
15+ 200
Section 6.3 ANNUAL VACATION BUY DOWN
Supervisors may annually buy-down up to one hundred twenty (120) hours of vacation time elected in January for payment in November. Such election must be made during January of each year but may be rescinded at any time prior to November 1.
Section 6.4 VACATION INCENTIVE
Every unit member with more than 10 years and less than 15 years of total service time with the Riverside Police Department shall have credited to his/her vacation bank, in January of each year, an additional 20 hours if in the preceding calendar year the employee used less than 50 hours of sick leave.
The effectiveness of this incentive will be assessed during the term of the contract for potential re-evaluation in the next contract.
Section 6.5 LEAVE APPROVAL
Requested time off (vacation) will not be denied on the basis of dropping below “minimum staffing” if made at least 14 days in advance. This provision only applies to patrol, and can be used up to two days per year.
The effectiveness of this incentive will be assessed during the term of the contract for potential re-evaluation in the next contract.
ARTICLE 7 HOLIDAYS
22 Section 7.1 HOLIDAYS OBSERVED
Authorized holidays are as follows:
New Year’s Day – January 1st
Martin Luther King Day – 3rd Monday in January
Lincoln’s Birthday – February 12th
President’s Day – 3rd Monday in February
Cesar Chavez Day – Last Monday in March
Memorial Day – Last Monday in May
Juneteenth – June 19th
Independence Day – July 4th
Labor Day – 1st Monday in September
Columbus Day – 2nd Monday in October
Veteran’s Day – November 11th
Thanksgiving – 4th Thursday in November
Day after Thanksgiving – 4th Friday in November
Christmas Day – December 25th.
The City shall add holidays as appropriate on any day proclaimed as a holiday by the President of the United States or Governor of the State of California. This holiday, if so declared, will be treated as any other holiday by police public safety personnel.
Section 7.2 ELECTION DAY NOT A HOLIDAY
The provisions of state law making every day on which an election is held throughout the state a state holiday shall not apply or create a holiday.
Section 7.3 OBSERVANCE OF HOLIDAYS
7.3.1 Effective January 1, 202317, all unit members will have an option to observe, bank or receive pay for each
holiday at the employee’s regular rate of pay.
Employees regularly assigned to work on holidays will
receive pay for each holiday at the employee’s regular
rate of pay. Regular rate of pay is agreed to mean the
employee’s normal hourly compensation for regular
working hours, including all applicable specialty pay,
education incentivepay (POST), patrol premium pay,
fugitive officer premium pay, assignment pay, bilingual pay, hazard pay, shift differential, certificate pay, and other compensation as allowed per FLSA. The total of
these amounts shall be reported as the
special/pensionable item (Holiday Pay) and paid in the
pay period in which the holiday occurs.
7.3.2 If an authorized holiday falls on a Sunday, the following 23 Monday shall be treated as the holiday. If an authorized holiday falls on a Saturday, the preceding Friday shall be treated as the holiday.
Section 7.4 HOLIDAY TIME CREDIT
Holiday time will be credited based on shift hours. This means, for example, that an employee assigned a ten (10) hour shift shall receive ten (10) hours holiday time credit, and an employee assigned a twelve (12) hour shift shall receive twelve (12) hours holiday time credit. Similarly, an employee on a ten (10) hour work day authorized to be off on a holiday shall be considered as having worked ten (10) hours on the holiday.
7.4.1 When the holiday falls on the employee's normal day off, the employee may elect to take the holiday off on
another day within that same pay period subject to the
same options listed above. Management must approve
an employee’s choice of day off at least two (2) weeks
prior to the holiday.
7.4.2 Effective January 1, 2017, to comply with CalPERS requirements, Classic CalPERS members Each
employee shall have the option to defer receipt of
compensation for each holiday occurring during the
calendar year until the end of the year, at which time
the employee shall receive a cash payment equal to the
value of all unused or unpaid holidays. Such election
shall occur prior to January 1 of each year. This
provision does not apply to PEPRA (Public Employees’
Pension Reform Act) members coming into
membership after January 1, 2013.
7.4.3 For members who have been determined to have a
work related injury (whether off work or on a modified
duty assignment), holiday pay will be calculated based
on the days and hours of their assignment at the time of the on-duty injury.
ARTICLE 8: EMPLOYEE INSURANCE
Section 8.1 MEDICAL / DENTAL
8.1.1 The City will pay the monthly premiums on behalf of each employee and eligible dependent under the
medical insurance programs available through the City,
not to exceed the following category limitations:
Employee Only - $510.00
24 Employee plus one (1) dependent - $930.00
Employee plus two (2+) or more dependents - $1,232.00
Effective the first paycheck in December 2016, the
monthly City contribution for employee + one will
increase by forty dollars ($40) bringing the monthly
amount to nine hundred and seventy dollars ($970).
The monthly City contribution for employee + two or
more will increase by fifty five dollars ($55) bringing the monthly amount to one thousand two hundred and
eighty seven dollars ($1,287). The monthly City
contribution for employee only coverage will increase
by thirty dollars ($30) bringing the monthly amount to
five hundred and forty dollars ($540).
Effective the first paycheck in December 2018, any
increases in health insurance premiums from that time
forward will be divided equally between the City and
employees. This provision shall not apply to individuals with employee only coverage until the premium
exceeds the amount to the City’s monthly contribution.
8.1.2 The contribution amounts listed in 8.1.1 can be used for medical and dental premiums.
8.1.3 During the term of this agreement, the City may
discontinue any health insurance plan which does not
maintain City-wide enrollment of at least one hundred
fifty (150) employees.
8.1.4 The contributions do not apply to the third payroll period in any one month.
Section 8.2 LIFE INSURANCE
The City will provide Sergeants term life insurance in an amount equal to twice the employee’s annual base salary calculated as of August 1st of each year. This insured amount will include accidental death and dismemberment.
Section 8.3 LONG TERM DISABILITY
8.3.1 The City shall contribute fifteen dollars ($15.00) per month per employee toward the group long term
disability program maintained by the Association for its members.
8.3.2 If the Sergeant does not participate in the Long Term Disability (LTD) program the City will contribute an
25 additional fifteen dollars ($15.00) per month to the City’s deferred compensation program for that
Sergeant.
Section 8.4 HEALTH INSURANCE WAIVER STIPEND
A. Effective November 2012, employees who do not elect
to participate in the City’s health insurance program
(cafeteria plan) and receive the contributions described in section 8.1.1 and can show proof of insurance shall
receive a stipend of two thousand dollars ($2,000.00)
the last pay period in November 2013. The same shall
apply each November for the length of this agreement.
B. Employees must be employed through the end of the
last pay period in November to qualify for this benefit.
C. Current employees on payroll through November who
did not work the entire twelve (12) month period shall
earn the stipend on a pro-rata basis.
D. The stipend can be paid into deferred compensation
through payroll, not to exceed annual IRS deferred
compensation limits.
ARTICLE 9: RETIREMENT
Section 9.1 RETIREMENT PLAN
For bargaining unit employees newly hired on or before June 8, 2012, the City shall pick up each affected employee's standard contribution to the Public Employees' Retirement System (PERS) not to exceed nine percent (9%) of the affected employee's compensation reported to PERS. Said PERS pickup shall be credited to the employee's account with PERS.
The City shall continue to pay the Employer Paid Member Contribution (EPMC). Those employer paid member contributions shall be credited to the employee’s account with PERS. In addition, those employer paid member contributions shall be reported to PERS as pensionable income in accordance with California Government Code Section 20636(c)(4). In no event shall the EPMC exceed nine (9%) of pension income of the affected member contribution for public safety members of CalPERS.
Effective the first pay period following January 1, 2018, if a wage increase is in excess of two percent (2%), represented employees in Retirement Tier 1 shall pay a portion of the required employer contribution equal to one and one half percent (1.5%) of 26 pensionable income pursuant to the cost-sharing provisions set forth in California Government Code Section 20516.
Effective the first pay period following January 1, 2019, if a wage increase is in excess of two percent (2%), represented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to one and one half percent (1.5%) of pensionable income pursuant to the cost-sharing provisions set forth in California Government Code Section 20516.
Effective the first pay period following January 1, 2020, if a wage increase is in excess of two percent (2%), represented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to one and one half percent (1.5%) of pensionable income pursuant to the cost-sharing provisions set forth in California Government Code Section 20516.
Effective the first pay period following July 1, 2023, represented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to one half percent (0.5%) of pensionable income pursuant to the cost-sharing provisions set forth in California Government Code Section 20516.
Effective the pay period of March 15, 2024, represented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to one half percent (0.5%) of pensionable income pursuant to the cost-sharing provisions set forth in California Government Code Section 20516 for a total of five and one half (5.5%) percent.
Effective the pay period of December 20, 2024, represented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to one half percent (0.5%) of pensionable income pursuant to the cost-sharing provisions set forth in California Government Code Section 20516 for a total of six (6%) percent.
Bargaining unit employees hired on or after June 8, 2012 shall pay one hundred percent (100%) of the employee’s normal contribution (currently nine percent - 9%) to PERS.
9.1.1 The above PERS pick up shall not be considered as base salary but shall be considered employer
contribution pursuant to Section 414(h)(2) of the
Internal Revenue Code.
9.1.2 Except as provided below, the City shall provide the One (1) year Highest Compensation benefit for all
27 Police Unit employees. (Government Code Section
20042)
Bargaining unit employees hired after approval of this
Agreement and execution of a forthcoming PERS
amendment shall receive the average of the three (3)
highest years compensation benefit. (Government
Code Section 20037)
9.1.3 The City shall provide the Public Employees Retirement System (PERS) three percent (3%) at age fifty (50)
retirement formula for eligible unit Classic . New unit members hired on or after January 1, 2013, are subject
to the Public Employees’ Pension Reform Act or
PEPRA retirement formula.
9.1.4 The City will contract with Public Employee’s
Retirement System to provide the one-half (½) Widow’s
continuance option, known to PERS as the ‘1957
Survivors Benefit to all safety employees in the Police and Supervisory units.
9.1.5 The City will contract with PERS for the third level 1959 Survivors’ Benefit.
Section 9.2 HEALTH INSURANCE COVERAGE FOR RETIREES
The City will provide a group medical health insurance policy similar to the health insurance carriers currently provided to active employees at the retiree’s own expense without any City contribution toward the premium for said policy.
Section 9.3 RETIREE HEALTH INSURANCE FUND (2006 Plan)
In addition to the Health Insurance Fund for Retirees (1991 Plan) addressed in Section 9.4, the Association shall create and manage a Trust Fund to help offset medical costs for retirees.
9.3.1 Effective July 1, 2006, the City shall contribute each month toward a retiree medical trust fund to be
established by the Association an amount equal to fifty dollars ($50.00) for every active employee in this unit of representation who is in a paid status. Until the trust fund has been established, the funds will be deposited
by the Association into an interest-bearing account. As soon as the trust has been established, the funds in
28 that account will be transferred by the Association to the trust.
9.3.2 Effective January 1, 2008, the City will contribute one hundred dollars ($100.00) monthly for every active
employee in this unit of representation into said fund.
9.3.3 The trust shall provide post-retirement medical benefits only to individuals who have retired under any of the
following conditions:
1. A service retirement with fifteen (15) or
more years of sworn service with Riverside
Police Department.
2. An industrial disability retirement with the
City of Riverside
9.3.4 The Association agrees to allow the City to audit the books and records of the trust at the City’s request.
Section 9.5 RETIREE HEALTH SAVINGS PLAN (meet and confer)
The RPOA supervisory bargaining unit and the city agree to meet and confer no later than the first quarter of 2023 to discuss a Retiree Health Saving Plan. The purpose of the meeting will be to discuss available options for members to transfer the full pre-tax monetary value of any eligible banked sick time (up to 50%) at the time of retirement from the City, into an individual retirement health savings fund. The items to be discussed will include but not limited to the potential companies to manage of the funds. The
establishing of the plan shall be by mutual agreement of the parties.
ARTICLE 10: ATTENDANCE AT TRAINING OR SCHOOLS
Section 10.1 ADJUSTED TIME WITH 28 DAYS NOTICE
Any member who attends mandatory or required training or school (as defined below) on his or her regularly scheduled time off shall receive Adjusted Time Off hours for time spent in training or school if the City provides written notice twenty-eight (28) days or more in advance of the first date on which the member is scheduled to attend training or school.
Mandatory training time shall be adjusted at straight time on an hour-for-hour basis.
Travel time to or from a mandatory training location outside the City of Riverside will likewise be adjusted at straight time on an hour- for-hour basis.
29 Mandatory training time and/or training travel time in a single day which constitutes 80% or more of an employee’s regularly scheduled shift hours, may be adjusted on a day-for-day basis at the discretion of the Training Bureau Commander or the
employee’s Division Commander.
For purposes of this Agreement “mandatory or required” training or schools shall include any training or schools where members of RPOA are required or ordered to attend by police management.
Section 10.2 ADJUSTED TIME SCHEDULING
Adjusted days off shall be mutually agreeable to the member and the Department, or, if no agreement is reached, adjusted days off shall be in conjunction with the member’s regularly scheduled days off.
Section 10.3 OVERTIME FOR UNUSED ADJUSTED TIME OFF
Adjusted Time Off not taken within the same twenty-eight (28) day work period in which the employee attended mandatory school or training shall result in the City treating the equivalent of such time not taken but spent in mandatory school or training as time actually worked for purposes of computing entitlement, if any, to overtime compensation under the Fair Labor Standards Act (“FLSA”).
Section 10.4 28 DAY WORK PERIODS IDENTIFIED
Current year FLSA twenty-eight (28) day work periods shall be identified by the Police Department by making some notation on the paycheck stubs of each RPOA member, or provide such information to the police accounting section who will generate a calendar and disseminate it to all sections, which shows the work period for each RPOA member and which indicates the length of that period and its starting time.
Section 10.5 FAILURE TO PROVIDE 28 DAY NOTICE
Any member who is required to attend training or school on his or her regularly scheduled day off shall receive overtime
compensation (pay or compensatory overtime hours, at the member’s discretion, not to exceed the negotiated cap) at the rate of time and one-half of his/her “regular rate of pay” for each day spent attending such training or school if the City fails to provide the member with written notice of the training or school at least twenty-eight (28) days in advance of the first day on which the member is scheduled to attend training or school.
30 Section 10.6 28 DAY NOTICE WAIVER
A member may voluntarily waive his/her right to twenty-eight (28) day advance notice, in which case he/she shall receive Adjusted Time as if the City provided at least twenty-eight (28) days notice as explained in Section 10.1 above.
Section 10.7 MEET AND CONFER WAIVER
The City and the Association waive their rights to compel the other to meet and confer regarding scheduling and/or compensation with respect to attendance at training or school as explained in this Section during the current labor contract negotiations or in connection with a successor Memorandum of Understanding.
Section 10.8 ADHERENCE TO PROVISIONS
The above provisions regarding training or school shall be strictly adhered to by police management in all divisions within the Department.
The City and RPOA agree to meet and discuss regarding the Department’s Adjusted Time Bank policy, which shall be
incorporated by reference into this Memorandum of Understanding.
ARTICLE 11: TRANSFERS WITHIN THE DEPARTMENT
Section 11.1 MEET AND CONFER REGARDING TRANSFER POLICY
The City and RPOA agree to meet and confer regarding the department transfer policy. The Riverside Police Department Policy and Procedure Number 5.20 Transfer Policy shall be incorporated into this Memorandum of Understanding.
ARTICLE 12: This Article is left intentionally blank
ARTICLE 13: PERFORMANCE EVALUATIONS
Employees shall receive regular performance evaluations in accordance with Department Policy
ARTICLE 14: DRUG TESTING
Both parties remain committed to a drug-free workplace. The parties further agree to work together to evaluate and revise RPD’s 1997 Drug Testing Policy.
ARTICLE 15: REPLACEMENT OF PERSONAL ITEMS
31 15.1 The City will reimburse Unit members for lost and/or damaged personal items subject to the following
conditions:
15.2 Such items are required for the job, but not provided by the City.
15.3 The items are lost and/or damaged while the employee is on duty, in the course and scope of duty; the loss is not caused by the negligence of the employee.
15.4 Total reimbursement per employee pursuant to this
policy shall not exceed one hundred ($100.00) per
fiscal year. Subject to the same dollar limitation,
reimbursement for civilian clothes shall be at the level equal to the comparable uniform component.
15.5 Reimbursement shall not be required where the
employee's insurance covers the item.
15.6 Notwithstanding any of the above, this policy shall not apply to second or back-up weapons or personal
vehicles not required by the Department to be utilized.
15.7 Utilization of this policy for any one incident constitutes a waiver of the right to pursue reimbursement for that
item or incident from the City in other administrative or legal forums; otherwise the existence of this policy
does not constitute a waiver of either party's defenses or remedies in connection with additional incidents
during the same fiscal year.
ARTICLE 16: GRIEVANCE PROCEDURE Section 16.1 PURPOSE To provide employees with an orderly procedure for processing a grievance. The current M.O.U. for the bargaining unit should be referenced as to specific language. Section 16.2 DEFINITION A grievance is an allegation by an employee that the employee has been adversely affected by a violation, misinterpretation, or misapplication of the specific written provisions of a Memorandum of Understanding, the City's salary and fringe benefit resolutions, or the City's written personnel policies and procedures.
Section 16.3 POLICY
32 Regular employees may use the hereinafter prescribed procedure for grievances arising out of the administration of ordinances or regulations dealing with personnel, salary, or other benefits, any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures.
16.3.1 Representation - An employee may be represented at all stages of the grievance procedure by himself/
herself or, at his/her option, by a representative.
In this grievance procedure, any reference to grievant
means grievant, his/her representative, and/or a
bargaining unit.
16.3.2 Time Limits - The time limits herein are maximum time limits; however, time limits may be extended by
mutual agreement.
16.3.2.1 In the event the grievant fails to meet a time limit, such failure shall constitute a waiver of
the grievance.
16.3.2.2 In the event the City fails to meet a time limit, such failure shall allow the grievant to proceed
to the next level of the grievance procedure.
16.3.3 Arbitration Costs and Selection - The cost of the hearing officer/arbitrator shall be borne by the City. If the parties are unable to agree upon a hearing officer
or arbitrator, hearing officers and arbitrators shall be selected from a panel submitted by the California
State Conciliation Service; each party shall alternately strike names until there is one remaining.
Section 16.4 PROCEDURE
Responsibility Action
Department, Grievant 1. Informal Step: As a general policy, attempts shall be made to ascertain
all facts and adjust all grievances on
an informal basis between the
grievant and a supervisor in the
chain of command up to and
including the Division Head.
Presentation of this grievance shall
be made within ten (10) working
days from the date the grievant
33 knew or should have known of the
act or occurrence giving rise to the
grievance.
Grievant 2. Step One (1): If the grievance is not
adjusted to the satisfaction of the
grievant within five (5) working days
after presentation of the grievance,
the grievant may submit the
grievance in writing to the
department head within the next ten
(10) working days.
Department Head or Designee 3. Meets with the grievant within five (5) working days of receipt of the
written grievance and communicates
a decision to the grievant within five
(5) working days after the meeting.
Any designee appointed for this
purpose shall be of at least Deputy
Chief rank.
Grievant 4. Step Two (2): If the grievant is not
satisfied with the decision of the
department head or designee, the
grievant may, within ten (10)
working days after receipt of the
decision, submit in writing the
grievance and request for a hearing
to the City Manager for review.
Hearing Officer 5. Hears case and makes recom-
mendation according to the type of
grievance. Management has the
discretion to either change work
schedules or pay overtime for the
grievant to attend hearings. Any
schedule changes in this regard will
be made with reasonable advanced
notice.
a. Non-disciplinary grievances:
Shall be heard by either an
administrative appeal in
accordance with Department
policy, or by a hearing before
the Human Resources Board,
which shall make advisory
34 recommendations to the City
Manager. The City Manager’s
decision shall be final.
b. Disciplinary grievances for
regular employees who are
suspended for eighty (80)
hours or more, are demoted in
rank, or are terminated will be
referred to a hearing
officer/arbitrator whose
decision is final. Either party
may seek review of the
hearing officer's/arbitrator’s
decision pursuant to Code of
Civil Procedure Section
1094.5.
c. Disciplinary grievances for
employees who receive
discipline other than that
which is indicated in
paragraph b may be appealed
to binding grievance
arbitration. The hearing
officer’s/arbitrator's decision
and award shall be final and
binding on the parties and
may be reviewed only pur-
suant to Code of Civil
Procedure Section 1285 et
seq.
Administrative Appeal Hearing 6. An Administrative Appeal Hearing process shall be provided to all
members of the bargaining unit. This
appeal hearing process will be
applicable to any administrative
actions that may be considered
punitive as defined by the Public
Safety Officer Bill of Rights. The
specific procedures related to this
hearing process are included in the
Riverside Police Department’s
Administrative Appeal Hearing
Process policy.
Section 16.5 TERMS
16.5.1 The Employer-Employee Relations Resolution
35 (hereinafter “EERR”), incorporated herein by Sections 18.3 and
19.1, affords regular employees the right to process a Grievance through the process outlined in Article III, Section 3. Specifically, members of the RPOA have three options: (1) the Grievance/ arbitration procedure outlined in 16.4 of this MOU, (2) the Grievance and Appeals Procedure outlined in Article III, Section 3 of the EERR [Resolution No. 22923], or (3) the employee may exercise his/her right to the Administrative Appeal Procedure, in lieu of the formal grievance procedure.
16.5.2 At any grievance hearing or arbitration, it is agreed that Evidence Code Section 1154 applies and settlement
discussions shall not be introduced by attorneys or witnesses. The attorneys shall admonish their witnesses not to mention any prior settlement discussions falling under Evidence Code Section 1154.
16.5.3 There shall be no limit to the length of testimony offered when an employee opts for the grievance procedure outlined in the EERR. Where the Association and employee opt for the grievance arbitration process outlined in 16.4 of this MOU, the parties shall agree to the following limits on questioning witnesses:
a. For grievances involving terminations, each side will be limited to 35 hours of questioning of witnesses.
b. For grievances involving demotions, each side will be limited to 28 hours of questioning of witnesses.
c. For grievances involving suspensions, each side will be limited to 21 hours of questioning of witnesses.
d. For other disciplinary grievances, each side will be limited to 14 hours of questioning of witnesses.
For “hours” in this paragraph,
a. This shall include direct examination and cross examination of witnesses.
b. The “hours” identified above shall be increased by 10 hours when the grievance arises out of disciplinary actions stemming from multiple separate personnel (PA or PC) investigations. c. Hours shall be subtracted from the amount remaining where a party/counsel are responsible for a non-use of time. Parties are expected to have witnesses available.
16.5.4 Opening statements shall be limited to 30 minutes.
16.5.5 Selection of Arbitrator / Hearing Officer
The parties shall request a list of seven (7) names be submitted to both parties by the California Public Employee Relations Board.
The panel shall be a “custom” list, including hearing officers/ arbitrators with experience in police matters, who are members of the California Bar Association, are located geographically in 36 Southern California, and are available within the following one hundred and twenty (120) days. The City shall be responsible for paying any fee required for obtaining the arbitrator list.
Upon receipt of the list of names, the parties shall agree upon a name. If such agreement is not possible, the parties shall alternatively strike names from the list until only one remains. The last remaining name from that list shall be selected as the hearing officer/ arbitrator. Should both parties object to the entire list, they may jointly request a new list following the procedure outlined above.
16.5.6 The side letters to this MOU dated October 17, 2017 and July 17, 2017 are hereby repealed in their entirety.
Section 16.6 CCW ENDORSEMENT HEARINGS FOR RETIREES
In cases where a CCW endorsement has been denied or revoked for cause to one who is honorably retired, the Chief shall, in a writing, outline the basis for the denial of good cause. The retiree shall be entitled to a good cause hearing pursuant to Penal Code Section 26310 et. seq.
For good cause hearings conducted pursuant to Penal Code Section 26320, the parties agree that the hearing format will be as follows:
16.6.1 If the parties cannot reasonably agree upon a neutral member of the hearing board, the selection process for the neutral shall be the same process described in Section 16.5.5 of this MOU.
16.6.2 The hearing board members selected by the
Department and Retiree/RPOA shall be unpaid. Each party will pay half of the cost of the neutral, as well as any administrative costs for the hearing.
ARTICLE 17: AGENCY SHOP
17.1 The Agency Shop provisions shall be applied for the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution,
upon the voluntary written authorization of bargaining
unit employees, the City shall deduct and remit to the
Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who is not a member of the
Association or who does not make application for
37 membership within thirty (30) days following the
effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall
be permitted to become a member of the Association
or pay to the Association a fee in an amount equal to
the Association's periodic dues; provided, however,
that the unit member may authorize payroll deduction
for such fee in the said manner as provided in
paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the
Association as the person authorized to receive such
funds, at the address specified.
17.5 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay
period commencing fifteen (15) work days or more after
such submission.
17.6 No unit member shall be required to join the
Association or to make an agency fee payment if the
unit member objects.
17.7 The Association shall keep an adequate itemized
record of its financial transactions and shall make
available annually to the City and, upon request to the employees who are members of the Association, within
sixty (60) days after the end of its fiscal year, a detailed written financial report thereof In the form of a balance sheet and an operating statement, certified as to
accuracy by its President and Treasurer or
corresponding principal officer, or by a Certified Public Accountant. A copy of financial reports required under
the Labor-Management Disclosures Act of 1959 or
Government Code Section 3546.5 shall satisfy this
requirement.
17.11 This organizational security arrangement shall be null and void during the period following expiration of this Memorandum of Understanding and prior to entering
into a successor agreement containing the same
provision for organizational security. Additionally, this organizational security arrangement shall be null and
void if rescinded by a vote of employees pursuant to
Government Code Section 3502.5(b).
38 17.12 The Association will defend, indemnify and hold harmless the City of Riverside from any loss, liability or cause of action arising out of the operation of this
article.
ARTICLE 18: NO CONCERTED ACTIVITIES
18.1 During the term of this agreement, the Association, its officers, agents, representatives and/or members agree
they will not cause, condone or participate in any strike, walkout, work stoppage, job action, slow down, sick-
out, refusal or failure to faithfully perform assigned
duties and responsibilities, withholding of services or other concerted interference with City operations,
including compliance with the request of other labor
organizations to engage in any or all of the preceding
activities.
18.2 In the event of such activities, upon request by the City, the Association shall immediately instruct any persons
engaging in such conduct that they are violating this
agreement and that they are engaging in unlawful
conduct and that they should immediately cease
engaging in such conduct and resume full and faithful
performance of their job duties.
18.3 In addition to any other lawful remedies or disciplinary action available to the City, the City may, in addition to the above, invoke any and all remedies available to it
under its Employer-Employee Relations Resolution.
ARTICLE 19: PROVISIONS BY LAW
19.1 It is understood that existing ordinances, resolution and written policies of the City cover matters pertaining to employer-employee relations including, but not limited
to, salaries, wages, benefits, hours and other terms and conditions of employment. Therefore, it is agreed that
all ordinances, resolutions and policies, including the Employer-Employee Relations Resolution are hereby
incorporated herein by this reference and made part
hereof as though fully set forth and except as provided herein shall remain in full force and effect during the term hereof. The parties hereto agree that nothing in
this MOU shall in any manner abridge, restrict or modify the rights and prerogatives of the City and its
employees set forth in Article I , Sections 4 and 5, and Article II Section 1 B of Resolution No. 15079, or its
39 successor, if any.
19.2 The City and the Association agree that for the term of this Agreement, each party waives its rights and each
party agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement except as
expressly provided for in this Agreement and as to
meeting and conferring over the renewal or continuation of this MOU at its expiration date in accordance with
said Employer-Employee Relations Resolutions.
19.3 It is understood and agreed that this MOU is subject to all present and future applicable federal and state laws and regulations and the provisions hereof shall be
effective and implemented only to the extent permitted
by such laws and regulations, or otherwise held invalid or unenforceable by any tribunal of competent
jurisdiction, such part of provisions shall be suspended and superseded by such applicable laws and
regulations and the remainder of the MOU shall not be
affected thereby and shall remain in full force and
effect.
19.4 Upon ratification by the membership of the Association and by the City Council this MOU shall be effective
through December 31, 2027 and for the durations of
any agreed upon extension.
ARTICLE 20: ENTIRE AGREEMENT
20.1 This Memorandum of Understanding contains the entire agreement between the Riverside Police Officers’ Association Supervisory Unit and the City of Riverside.
20.2 All side letters entered into by the parties prior to ratification of this Memorandum of Understanding are hereby rescinded in their entirety.
40 MEMORANDUM OF UNDERSTANDING 2025-2027
CITY OF RIVERSIDE, RIVERSIDE POLICE OFFICER’S ASSOCIATION
FOR THE POLICE SUPERVISORY UNIT
MANAGEMENT REPRESENTATIVES RIVERSIDE POLICE OFFICERS’
CITY OF RIVERSIDE ASSOCIATION By ____________________________ By ___________________________
By ____________________________ By ___________________________
By ____________________________ By ___________________________
By ____________________________ By ___________________________
By ____________________________
By ___________________________
By ____________________________
Dated: _________________________ Dated: ________________________ APPROVED AS TO FORM ___________________________ Attorney