Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00216 February 8, 2022 Consent Item 07
Title: Labor Agreement: Sacramento Police Officers Association Memorandum of Understanding; Western Council of Engineers Letter of Understanding; and the Citywide Salary Schedule [Published for 10-Day Review 01/27/2022]
Location: Citywide
Recommendation: Adopt a Resolution: 1) approving the Memorandum of Understanding (MOU) between the City of Sacramento (City) and Sacramento Police Officer Association (SPOA); 2) approving the Letter of Understanding (LOU) between the City of Sacramento and the Western Council of Engineers (WCE); 3) approving the revised Citywide salary schedule; 4) authorizing the City Manager to transfer $4.2 million in available fund balance in the General Fund (1001) and Measure U Fund (2401) to implement the terms of the negotiated MOU and LOU referenced in items 1-2; and 5) authorizing the City Manager or City Manager’s designee to make minor changes or adjustments to the exhibits in order to correct omissions and errors in the MOU, LOU, and salary schedule.
Contact: Aaron Donato, Labor Relations Manager, (916) 808-5816, [email protected]
, Department of Human Resources; Christen Snyder, Labor Relations Officer, (916) 808-3148, [email protected], Department of Human Resources
Presenter: None
Attachments:
1-Description/Analysis
2-SPOA MOU (Redline)
3-Salary Schedule (Redline)
4-SPOA Labor Agreement Costing
5-Resolution
6-Exhibit A – SPOA MOU
7-Exhibit B – WCE LOU
8-Exhibit C – Salary Schedule Final
File ID: 2022-00216 Consent Item 07
February 8, 2022
powered by Legistar™
City of Sacramento
Description/Analysis
Issue Detail:
Sacramento Police Officers Association (SPOA)
The 2019-2021 MOU between the City and SPOA expired on September 25, 2021. The City and SPOA have negotiated a successor MOU. Attachment 2 is a redline version of the successor MOU which includes the following major new contract terms:
• New term expires March 24, 2023.
• Effective December 18, 2021, salary ranges will be increased by three and one-half percent (3.5%).
• Effective December 18, 2021, the following classifications will receive a two percent (2%) equity increase:
o Dispatcher I
o Dispatcher II
o Dispatcher III
• Effective December 18, 2021, the top step for the Park Safety Ranger Supervisor classification will be benchmarked at fifteen percent (15%) above the top step for Park Safety Ranger classification.
• Effective December 18, 2021, the top step for the Park Safety Ranger classification will be benchmarked at ten percent (10%) above the top step for Park Safety Ranger Assistant classification.
• Health and Welfare Contributions
o 2022 Calendar Year Health Changes, effective February 12, 2022:
Employee Only – City contribution of $838.00 per month; Employee Plus One Dependent – City contribution of $1,333.00 per month; and
Employee Plus Two or More Dependents – City contribution of $1,777.00 per month.
o Increase to the minimum number of hours an employee must be in a paid status to receive health and wealth fare contributions from twenty (20) hours per eligible paycheck to forty (40) hours per eligible paycheck.
• Paid City Leave
o Employees in City service on January 1, 2022, will receive a leave bank contribution of thirty-five (35) hours of Paid City Leave. o Employees in City service on October 31, 2022, will receive another leave bank contribution of thirty-five (35) hours of Paid City Leave that will be available for use on the first paycheck in January 2023.
File ID: 2022-00216 Consent Item 07
February 8, 2022
powered by Legistar™
City of Sacramento
The final version of the MOU is attached to the Resolution as Exhibit A.
Western Council of Engineers (WCE)
The City and WCE held multiple meetings regarding staff attrition, recruitment, and classification compensation regarding the Telecommunication Engineer classification series.
As a result of the meet and confer process the City and WCE have negotiated an LOU which includes the following equity increases:
• Effective January 15, 2022, the Telecommunications Engineer I and Telecommunications Engineer II classifications will receive a five percent (5%) equity increase.
• Effective January 15, 2022, the Telecommunications Engineer III classification will receive an eight percent (8%) equity increase.
The WCE LOU is attached to the Resolution as Exhibit B.
Salary Schedule
The California Code of Regulations requires that the City Council adopt the City’s Salary Schedule at a public meeting (2 CCR § 570.5). This obligation arises whenever salary ranges are changed to ensure that salary rates are transparent and publicly available. These publicly adopted rates are used by California Public Employees’ Retirement System (CalPERS) to determine the appropriate compensation earnable for each City employee when calculating their pension benefit. A redline version of the salary schedule is shown in Attachment 3. The final, comprehensive Citywide salary schedule is attached to the Resolution as Exhibit C.
Policy Considerations: Approval of this action by the City Council is consistent with the City’s legal obligation under the Meyers-Milias-Brown Act, adheres to the City’s positive labor management relations concept, and provides labor stability.
The Sacramento City Code Section 4.04.020 and Council Rules and Procedure (Chapter 7, Section E.2.d) mandate that unless waived by a two-thirds vote of the City Council, all labor agreements and all agreements greater than $1,000,000 shall be made available to the public at least ten (10) days prior to Council action. This item was published for 10-day review on January 27, 2022, in compliance with the City Code.
Economic Impacts: None.
File ID: 2022-00216 Consent Item 07
February 8, 2022
powered by Legistar™
City of Sacramento
Environmental Considerations: The report contains administrative activities that will not have a significant effect on the environment and that do not constitute a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(3) and 15378(b)(2).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation:
• Establish a new MOU between the City and SPOA through March 24, 2023; and • Establish a new salary schedule for the Telecommunications Engineer I, II and III classifications.
Financial Considerations: The fifteen-month cost of the MOU with SPOA is approximately $10.4 million, as reflected on Attachment 4. Funding for the FY2021/22 budget adjustments will come from available fund balance in the General Fund (Fund 1001) and Measure U Fund (Fund 2401). The increase in department budgets in FY2021/22 will be $4.2 million across all funds and will be based on current budget allocations.
The General Fund cost of the salary change for the three WCE covered classifications is approximately $46,000 per year. The increase in department budgets in FY2021/22 will be $23,000 and will be funded from General Fund available fund balance.
Local Business Enterprise (LBE): Not applicable.
and
Labor Agreement
Covering Employees
in the Police Department Unit
2019-20212022-2023
i
TABLE OF CONTENTS
S e c t i o n P a g e
PREAMBLE ...................................................................................................................................... 1 ARTICLE 1 – RECOGNITION .......................................................................................................... 1
1.1 RECOGNITION ........................................................................................................................... 1 ARTICLE 2 – NON-DISCRIMINATION ............................................................................................. 1
2.1 NON-DISCRIMINATION.............................................................................................................. 1 ARTICLE 3 – CITY RIGHTS ............................................................................................................. 1
3.1 CITY RIGHTS .............................................................................................................................. 1 ARTICLE 4 –ASSOCIATION RIGHTS .............................................................................................. 2
4.1 PAYROLL DEDUCTIONS ........................................................................................................... 2
4.2 EMPLOYEE RIGHTS .................................................................................................................. 3
4.3 RELEASE TIME .......................................................................................................................... 5
4.4 ACCESS TO NEW EMPLOYEES ............................................................................................... 6 ARTICLE 5 – GRIEVANCE PROCEDURE ....................................................................................... 6
5.1 PURPOSE ................................................................................................................................... 6
5.2 DEFINITIONS .............................................................................................................................. 6
5.3 STEP ONE .................................................................................................................................. 7
5.4 STEP TWO .................................................................................................................................. 7
5.5 STEP THREE .............................................................................................................................. 8
5.6 ARBITRATION ............................................................................................................................ 8
5.7 TIME LIMITS ............................................................................................................................... 9
5.8 WITNESSES ............................................................................................................................... 9 ARTICLE 6 – SALARY ADJUSTMENTS .......................................................................................... 9
6.1 SALARY RANGES ...................................................................................................................... 9
6.2 SALARIES ................................................................................................................................. 10
6.3 EQUITY ADJUSTMENTS ......................................................................................................... 10 ARTICLE 7 – SALARY ADMINISTRATION .................................................................................... 10
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE ............................................................. 10
7.2 ADVANCEMENT IN RATE OF COMPENSATION ................................................................... 10
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION .......................... 13
7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION ................................. 13
7.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE ......................................... 14
7.6 RATES HIGHER THAN THE TOP STEP (Y-RATE) ................................................................. 14
7.7 LONGEVITY PAY (CONTRACT) .............................................................................................. 14
7.8 LONGEVITY PAY (CITY CHARTER) ........................................................................................ 14 ARTICLE 8 – HEALTH AND WELFARE ......................................................................................... 15
8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES ......................... 15
8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES ................................................................ 15
8.3 AMOUNT OF CONTRIBUTION FOR EMPLOYEES ENROLLED IN A CITY-SPONSORED HEALTH PLAN ......................................................................................................................... 16
8.4 COVERED DEPENDENTS ....................................................................................................... 18
8.5 LIFE INSURANCE ..................................................................................................................... 18
ii
8.6 FLEXIBLE SPENDING ACCOUNTS ......................................................................................... 19
8.7 RETIREE HEALTH SAVINGS ACCOUNT ................................................................................ 19
8.8 RETIREES OR SURVIVOR DEPENDENTS ............................................................................. 20 ARTICLE 9 – HOURS OF WORK ................................................................................................... 22
9.1 HOURS OF WORK ................................................................................................................... 22
9.2 4/10 WORK SCHEDULE ........................................................................................................... 23
9.3 DISPATCHER REST PERIODS ............................................................................................... 24
9.4 COMMUNITY SERVICE OFFICER LUNCH PERIOD .............................................................. 24
9.5 PARK RANGER HOURS OF WORK ........................................................................................ 24
9.6 FLEXIBLE HOURS .................................................................................................................... 24
9.7 FURLOUGH/REDUCED WORKWEEK ..................................................................................... 25
9.8 PART-TIME OPTION FOR EMPLOYEES ................................................................................ 25 ARTICLE 10 – OVERTIME ............................................................................................................. 27
10.1 OVERTIME ................................................................................................................................ 27
10.2 COMPENSATORY TIME OFF (CTO) ....................................................................................... 27
10.3 COURT OVERTIME .................................................................................................................. 28
10.4 TELEPHONE STANDBY TIME ................................................................................................. 29
10.5 TELEPHONE OVERTIME ......................................................................................................... 29
10.6 CANCELLATION OF APPEARANCES ..................................................................................... 30
10.7 MINIMUM SHIFT/CALL-BACK .................................................................................................. 30
10.8 SHIFT CHANGE NOTICE ......................................................................................................... 30 ARTICLE 11 – SPECIAL ALLOWANCES ....................................................................................... 31
11.1 UNIFORMS ............................................................................................................................... 31
11.2 ON-CALL ................................................................................................................................... 31
11.3 SWORN OUT-OF-CLASSIFICATION PAY ............................................................................... 32
11.4 DISPATCHER OUT-OF-CLASSIFICATION PAY ..................................................................... 32
11.5 PARK RANGER OUT-OF-CLASSIFICATION PAY .................................................................. 33
11.6 DETECTIVE PAY ...................................................................................................................... 33
11.7 TRAINING OFFICER PAY ........................................................................................................ 34
11.8 CANINE OFFICER COMPENSATION ...................................................................................... 34
11.9 DISPATCHER NIGHT-SHIFT PREMIUM PAY ......................................................................... 35
11.10 BILINGUAL PAY ........................................................................................................................ 35
11.11 CITY RESIDENCY INCENTIVE ................................................................................................ 36 ARTICLE 12 – EDUCATIONAL AND P.O.S.T. INCENTIVES ........................................................ 36
12.1 EDUCATIONAL AND P.O.S.T. INCENTIVES ........................................................................... 36 ARTICLE 13 – PHYSICAL FITNESS .............................................................................................. 37
13.1 PHYSICAL FITNESS PROGRAM ............................................................................................. 37
13.2 ON-DUTY WORKOUT TIME ..................................................................................................... 37 ARTICLE 14 – LEAVES .................................................................................................................. 38
14.1 HOLIDAY PAY ........................................................................................................................... 38
14.2 SICK LEAVE .............................................................................................................................. 39
14.3 VACATION ADMINISTRATION ................................................................................................ 40
14.4 PREGNANCY DISABILITY LEAVE ........................................................................................... 41
14.5 CATASTROPHIC LEAVE PLAN ............................................................................................... 42
14.6 COURT LEAVE ......................................................................................................................... 43
14.7 PERSONAL LEAVE .................................................................................................................. 44
14.8 BEREAVEMENT ....................................................................................................................... 44
14.9 BENEFITS FOR LATERAL HIRE EMPLOYEES ...................................................................... 44
14.10 BENEFITS FOR REHIRE OF EMPLOYEES ............................................................................ 45
14.11 PAID CITY LEAVE .................................................................................................................... 46
iii
ARTICLE 15 – SENIORITY ............................................................................................................ 47
15.1 CLASSIFICATION SENIORITY DEFINED ................................................................................ 47
15.2 SENIORITY APPLICATION ...................................................................................................... 47 ARTICLE 16 –TRANSFERS AND ASSIGNMENTS ....................................................................... 48
16.1 TRANSFER POLICY ................................................................................................................. 48
16.2 ANNUAL SIGN-UPS .................................................................................................................. 48
16.3 FILLING VACANCIES IN PATROL AND COMMUNICATIONS ................................................ 50
16.4 FILLING VACANCIES OUTSIDE OF PATROL AND COMMUNICATIONS ............................. 51
16.5 ROTATION IN OFFICE OF INVESTIGATIONS AND SPECIALTY UNITS .............................. 52 ARTICLE 17 – LAYOFF .................................................................................................................. 52
17.1 PURPOSE ................................................................................................................................. 52
17.2 DEFINITIONS ............................................................................................................................ 52
17.3 PROCEDURE ............................................................................................................................ 54
17.4 FRINGE BENEFITS .................................................................................................................. 54
17.5 RECALL ..................................................................................................................................... 55
17.6 POLICE-RELATED SUPPLEMENTAL EMPLOYMENT ........................................................... 56 ARTICLE 18 – POLICE-RELATED SUPPLEMENTAL EMPLOYMENT ......................................... 56
18.1 SUPPLEMENTAL EMPLOYMENT ........................................................................................... 56 ARTICLE 19 – COMMUNITY SERVICE OFFICERS ...................................................................... 57
19.1 COMMUNITY SERVICE OFFICER CLASSIFICATIONS ......................................................... 57
19.2 COMMUNITY SERVICE OFFICER I (CSO I) ........................................................................... 58
19.3 COMMUNITY SERVICE OFFICER II (CSO II) ......................................................................... 58
19.4 COMMUNITY SERVICE OFFICER III (CSO III) ....................................................................... 58
19.5 RESERVE COMMUNITY SERVICE OFFICER (RCSO) .......................................................... 58 ARTICLE 20 – DRIVER LICENSE, REGIONAL TRANSIT MONTHLY PASS, AND PARKING ..... 59
20.1 DRIVER LICENSE REQUIREMENTS ...................................................................................... 59
20.2 REGIONAL TRANSIT MONTHLY PASS .................................................................................. 59
20.3 EMPLOYEE PARKING .............................................................................................................. 60
20.4 DISCOUNTED PARKING RATE ............................................................................................... 60
20.5 DOWNTOWN PARKING SUBSIDY .......................................................................................... 60 ARTICLE 21 – DISCIPLINE ............................................................................................................ 60
21.1 IN-LIEU DISCIPLINE PROGRAM ............................................................................................. 60
21.2 LETTER OF REPRIMAND ........................................................................................................ 60
21.3 APPEALS OF FORMAL DISCIPLINE ABOVE A LETTER OF REPRIMAND .......................... 61
21.4 WITHDRAWAL OF APPEAL ..................................................................................................... 62
21.5 DISCIPLINE AND DOCUMENTED COUNSELING RETENTION ............................................ 63
21.6 PARK SAFETY RANGER APPEALS ........................................................................................ 63 ARTICLE 22 – RETIREMENT ........................................................................................................ 63
22.1 CIVILIAN PERS RETIREMENT PLAN AND CONTRIBUTION ................................................. 63
22.2 SWORN PERS RETIREMENT PLAN ....................................................................................... 64 ARTICLE 23 – MISCELLANEOUS ................................................................................................. 65
23.1 SAFETY EQUIPMENT .............................................................................................................. 65
23.2 LIGHT DUTY POLICY ............................................................................................................... 67
23.3 MEDICAL EXAMINATIONS ...................................................................................................... 67
23.4 INCORPORATION OF PREVIOUS AGREEMENTS ................................................................ 68
23.5 SAVINGS CLAUSE ................................................................................................................... 68
23.6 STRIKES AND LOCKOUTS ...................................................................................................... 68
23.7 PAYROLL ERRORS .................................................................................................................. 68
iv
23.8 TUITION REIMBURSEMENT ................................................................................................... 69
23.9 SAFETY ADVISORY COMMITTEE .......................................................................................... 69
23.10 TIME OFF FOR EXAMINATIONS ............................................................................................. 69
23.11 EMPLOYEE PERFORMANCE EVALUATIONS ....................................................................... 69
23.12 EQUESTRIAN UNIT .................................................................................................................. 70
23.13 RESERVES ............................................................................................................................... 71
23.14 RESERVE DISPATCHERS ....................................................................................................... 74
23.15 CONTRACTING OUT IN COMMUNICATIONS ........................................................................ 75
23.16 DEFERRED COMPENSATION PLAN ...................................................................................... 75
23.17 TERM......................................................................................................................................... 75 EXHIBIT A – CANINE HANDLER AGREEMENT ........................................................................... 77 EXHIBIT B – REPAIR OR REPLACEMENT FOR DAMAGED PERSONAL PROPERTY .............. 79 EXHIBIT C – EQUESTRIAN RIDER AGREEMENT ....................................................................... 81 EXHIBIT D – CONTINUING LETTERS OF UNDERSTANDING (LOUs) ....................................... 83 PREAMBLE 1
ARTICLE 1 – RECOGNITION 1
1.1 RECOGNITION ........................................................................................................................... 1 ARTICLE 2 – NON-DISCRIMINATION 1
2.1 NON-DISCRIMINATION.............................................................................................................. 1 ARTICLE 3 – CITY RIGHTS 1
3.1 CITY RIGHTS .............................................................................................................................. 1 ARTICLE 4 –ASSOCIATION RIGHTS 2
4.1 PAYROLL DEDUCTIONS ........................................................................................................... 2
4.2 EMPLOYEE RIGHTS .................................................................................................................. 3
4.3 RELEASE TIME .......................................................................................................................... 5
4.4 ACCESS TO NEW EMPLOYEES ............................................................................................... 6 ARTICLE 5 – GRIEVANCE PROCEDURE 6
5.1 PURPOSE ................................................................................................................................... 6
5.2 DEFINITIONS .............................................................................................................................. 6
5.3 STEP ONE .................................................................................................................................. 7
5.4 STEP TWO .................................................................................................................................. 7
5.5 STEP THREE .............................................................................................................................. 8
5.6 ARBITRATION ............................................................................................................................ 8
5.7 TIME LIMITS ............................................................................................................................... 9
5.8 WITNESSES ............................................................................................................................... 9 ARTICLE 6 – SALARY ADJUSTMENTS 9
6.1 SALARY RANGES ...................................................................................................................... 9
6.2 SALARIES ................................................................................................................................... 9 ARTICLE 7 – SALARY ADMINISTRATION 10
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE ............................................................. 10
7.2 ADVANCEMENT IN RATE OF COMPENSATION ................................................................... 10
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION .......................... 12
7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION ................................. 12
v
7.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE ......................................... 13
7.6 RATES HIGHER THAN THE TOP STEP (Y-RATE) ................................................................. 13
7.7 LONGEVITY PAY ...................................................................................................................... 13 ARTICLE 8 – HEALTH AND WELFARE 13
8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES ......................... 13
8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES ................................................................ 14
8.3 AMOUNT OF CONTRIBUTION FOR EMPLOYEES ENROLLED IN A CITY-SPONSORED HEALTH PLAN ......................................................................................................................... 15
8.4 COVERED DEPENDENTS ....................................................................................................... 16
8.5 LIFE INSURANCE ..................................................................................................................... 17
8.6 FLEXIBLE SPENDING ACCOUNTS ......................................................................................... 17
8.7 RETIREE HEALTH SAVINGS ACCOUNT ................................................................................ 17
8.8 RETIREES OR SURVIVOR DEPENDENTS ............................................................................. 18 ARTICLE 9 – HOURS OF WORK 20
9.1 HOURS OF WORK ................................................................................................................... 20
9.2 4/10 WORK SCHEDULE ........................................................................................................... 21
9.3 DISPATCHER REST PERIODS ............................................................................................... 22
9.4 COMMUNITY SERVICE OFFICER LUNCH PERIOD .............................................................. 22
9.5 PARK RANGER HOURS OF WORK ........................................................................................ 22
9.6 FLEXIBLE HOURS .................................................................................................................... 22
9.7 FURLOUGH/REDUCED WORKWEEK ..................................................................................... 23
9.8 PART-TIME OPTION FOR EMPLOYEES ................................................................................ 23 ARTICLE 10 – OVERTIME 25
10.1 OVERTIME ................................................................................................................................ 25
10.2 COMPENSATORY TIME OFF (CTO) ....................................................................................... 25
10.3 COURT OVERTIME .................................................................................................................. 26
10.4 TELEPHONE STANDBY TIME ................................................................................................. 27
10.5 TELEPHONE OVERTIME ......................................................................................................... 27
10.6 CANCELLATION OF APPEARANCES ..................................................................................... 28
10.7 MINIMUM SHIFT/CALL-BACK .................................................................................................. 28
10.8 SHIFT CHANGE NOTICE ......................................................................................................... 28 ARTICLE 11 – SPECIAL ALLOWANCES 29
11.1 UNIFORMS ............................................................................................................................... 29
11.2 ON-CALL ................................................................................................................................... 29
11.3 SWORN OUT-OF-CLASSIFICATION PAY ............................................................................... 30
11.4 DISPATCHER OUT-OF-CLASSIFICATION PAY ..................................................................... 30
11.5 PARK RANGER OUT-OF-CLASSIFICATION PAY .................................................................. 31
11.6 DETECTIVE PAY ...................................................................................................................... 31
11.7 TRAINING OFFICER PAY ........................................................................................................ 32
11.8 CANINE OFFICER COMPENSATION ...................................................................................... 32
11.9 DISPATCHER NIGHT-SHIFT PREMIUM PAY ......................................................................... 33
11.10 BILINGUAL PAY ........................................................................................................................ 33
11.11 CITY RESIDENCY INCENTIVE ................................................................................................ 34 ARTICLE 12 – EDUCATIONAL AND P.O.S.T. INCENTIVES 34
12.1 EDUCATIONAL AND P.O.S.T. INCENTIVES ........................................................................... 34 ARTICLE 13 – PHYSICAL FITNESS 35
13.1 PHYSICAL FITNESS PROGRAM ............................................................................................. 35
13.2 ON-DUTY WORKOUT TIME ..................................................................................................... 35 ARTICLE 14 – LEAVES 36
vi
14.1 HOLIDAY PAY ........................................................................................................................... 36
14.2 SICK LEAVE .............................................................................................................................. 37
14.3 VACATION ADMINISTRATION ................................................................................................ 38
14.4 PREGNANCY DISABILITY LEAVE ........................................................................................... 39
14.5 CATASTROPHIC LEAVE PLAN ............................................................................................... 40
14.6 COURT LEAVE ......................................................................................................................... 41
14.7 PERSONAL LEAVE .................................................................................................................. 42
14.8 BEREAVEMENT ....................................................................................................................... 42
14.9 BENEFITS FOR LATERAL HIRE EMPLOYEES ...................................................................... 42
14.10 BENEFITS FOR REHIRE OF EMPLOYEES ............................................................................ 43 ARTICLE 15 – SENIORITY 44
15.1 CLASSIFICATION SENIORITY DEFINED ................................................................................ 44
15.2 SENIORITY APPLICATION ...................................................................................................... 44 ARTICLE 16 –TRANSFERS AND ASSIGNMENTS 45
16.1 TRANSFER POLICY ................................................................................................................. 45
16.2 ANNUAL SIGN-UPS .................................................................................................................. 45
16.3 FILLING VACANCIES IN PATROL AND COMMUNICATIONS ................................................ 47
16.4 FILLING VACANCIES OUTSIDE OF PATROL AND COMMUNICATIONS ............................. 48
16.5 ROTATION IN OFFICE OF INVESTIGATIONS AND SPECIALTY UNITS .............................. 49 ARTICLE 17 – LAYOFF 49
17.1 PURPOSE ................................................................................................................................. 49
17.2 DEFINITIONS ............................................................................................................................ 49
17.3 PROCEDURE ............................................................................................................................ 51
17.4 FRINGE BENEFITS .................................................................................................................. 51
17.5 RECALL ..................................................................................................................................... 52
17.6 POLICE-RELATED SUPPLEMENTAL EMPLOYMENT ........................................................... 53 ARTICLE 18 – POLICE-RELATED SUPPLEMENTAL EMPLOYMENT 53
18.1 SUPPLEMENTAL EMPLOYMENT ........................................................................................... 53 ARTICLE 19 – COMMUNITY SERVICE OFFICERS 54
19.1 COMMUNITY SERVICE OFFICER CLASSIFICATIONS ......................................................... 54
19.2 COMMUNITY SERVICE OFFICER I (CSO I) ........................................................................... 55
19.3 COMMUNITY SERVICE OFFICER II (CSO II) ......................................................................... 55
19.4 COMMUNITY SERVICE OFFICER III (CSO III) ....................................................................... 55
19.5 RESERVE COMMUNITY SERVICE OFFICER (RCSO) .......................................................... 55 ARTICLE 20 – DRIVER LICENSE, REGIONAL TRANSIT MONTHLY PASS, AND PARKING 56 20.1 DRIVER LICENSE REQUIREMENTS ...................................................................................... 56
20.2 REGIONAL TRANSIT MONTHLY PASS .................................................................................. 56
20.3 EMPLOYEE PARKING .............................................................................................................. 57
20.4 DISCOUNTED PARKING RATE ............................................................................................... 57
20.5 DOWNTOWN PARKING SUBSIDY .......................................................................................... 57 ARTICLE 21 – DISCIPLINE 57
21.1 IN-LIEU DISCIPLINE PROGRAM ............................................................................................. 57
21.2 LETTER OF REPRIMAND ........................................................................................................ 57
21.3 APPEALS OF FORMAL DISCIPLINE ABOVE A LETTER OF REPRIMAND .......................... 58
21.4 WITHDRAWAL OF APPEAL ..................................................................................................... 59
21.5 DISCIPLINE AND DOCUMENTED COUNSELING RETENTION ............................................ 60
21.6 PARK SAFETY RANGER APPEALS ........................................................................................ 60
vii
ARTICLE 22 – RETIREMENT 60
22.1 CIVILIAN PERS RETIREMENT PLAN AND CONTRIBUTION ................................................. 60
22.2 SWORN PERS RETIREMENT PLAN ....................................................................................... 61 ARTICLE 23 – MISCELLANEOUS 62
23.1 SAFETY EQUIPMENT .............................................................................................................. 62
23.2 LIGHT DUTY POLICY ............................................................................................................... 64
23.3 MEDICAL EXAMINATIONS ...................................................................................................... 64
23.4 INCORPORATION OF PREVIOUS AGREEMENTS ................................................................ 65
23.5 SAVINGS CLAUSE ................................................................................................................... 65
23.6 STRIKES AND LOCKOUTS ...................................................................................................... 65
23.7 PAYROLL ERRORS .................................................................................................................. 65
23.8 TUITION REIMBURSEMENT ................................................................................................... 66
23.9 SAFETY ADVISORY COMMITTEE .......................................................................................... 66
23.10 TIME OFF FOR EXAMINATIONS ............................................................................................. 66
23.11 EMPLOYEE PERFORMANCE EVALUATIONS ....................................................................... 66
23.12 EQUESTRIAN UNIT .................................................................................................................. 67
23.13 RESERVES ............................................................................................................................... 68
23.14 RESERVE DISPATCHERS ....................................................................................................... 71
23.15 CONTRACTING OUT IN COMMUNICATIONS ........................................................................ 71
23.16 TERM......................................................................................................................................... 71 EXHIBIT A – CANINE HANDLER AGREEMENT 73
EXHIBIT B – REPAIR OR REPLACEMENT FOR DAMAGED PERSONAL PROPERTY 75 EXHIBIT C – EQUESTRIAN RIDER AGREEMENT 77
EXHIBIT D – CONTINUING LETTERS OF UNDERSTANDING (LOUs) 79
1 PREAMBLE
This AGREEMENT, hereinafter referred to as the Agreement, entered into by the CITY OF SACRAMENTO, hereinafter re ferred to as the City, and SACRAMENTO POLICE OFFICERS ASSOCIATION, hereinafter referred to as the ASSOCIATION, has as its purpose the promotion of harmonious labor relations between the City and the Association, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.
ARTICLE 1 – RECOGNITION
1.1 RECOGNITION
The City recognizes the Association as the sole and exclusive recognized employee organization for employees in the classifi cation of Police Sergeant, Police Officer, Community Service Officer III/II /I, Dispatcher III/II/I, Park Sa fety Ranger Supervisor, Park Safety Ranger, Park Safety Ranger Assistan t, Reserve Police Sergeant, Reserve Police Officer, Reserve Dispatcher, and Reserve Community Service Officer, and Security Officer in the Police Department Unit. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matte rs relating to the scope of representation pertaining to the said employees as pr ovided under the City's Employer-Employee Relations Policy and authorized by law.
ARTICLE 2 – NON-DISCRIMINATION
2.1 NON-DISCRIMINATION
The City and Association agree not to discrim inate against any employee for Association activity, race, creed, color, religion, national or igin, sex, age, political affiliation or physical handicap.
ARTICLE 3 – CITY RIGHTS
3.1 CITY RIGHTS
The City retains the exclusive right, among ot hers, in accordance with and subject to applicable laws, civil service and other regulations, and the prov isions of this Agreement, (a) to direct employees of the Police Departm ent; (b) to hire, promote, transfer and assign employees in positions within the Department consistent with applicable classification specifications; (c) to dismiss employees because of lack of wo rk or for other reasonable cause; (d) to reprimand, demote, suspend or discharge employees for proper cause; (e) to determine the mission of the Department, it s budget, its organization, the number of
2 employees, and the methods and technology of performing its work; and (f) to take whatever action may be appropriate to carry out its mission in situations of emergency.
ARTICLE 4 –ASSOCIATION RIGHTS
4.1 PAYROLL DEDUCTIONS
a. In addition to continuing existing payroll deductions under plans to which the City now is or shall hereafter be a contracting party, the City agrees to establish payroll deductions for members of the Association for: (1) the normal and regular monthly Association membership dues; and (2) monthly insurance premiums for plans sponsored by the City or the Association, not to exceed three (3) insurance deductions per member, including other Association- sponsored programs.
b. All the above payroll deductions shall be subject to the following conditions:
(1) Such deductions shall be made pur suant to the terms and conditions set forth in this Agreement using the Association’s Member Enrollment Form (hereafter, “Member Enrollment Form”) agreed to by the City and Association. The member enrollment form shall include:
Employee full name;
Employee date of birth;
Employee eCAPS ID num ber or the last four numbers of their Social Security number;
Amount or percentage to be deducted from employee’s bi- weekly paycheck for membership dues;
Additional deductions (e.g ., life insurance); and
Any additional necessary information.
Any future changes or modifications to the member enrollment form shall be agreed upon between the City and the Association. (2) Such deductions shall be made onl y upon submission of the member enrollment form, by the Association, to the Payroll Division, Department of Finance.
(3) Dues deductions shall occur over twenty-four (24) pay periods per year, which shall be the first two (2) pay periods each month.
3 (4) The Association is responsible for submitting the member enrollment form to the Payroll Division, Depart ment of Finance, any changes in the amounts to be payroll deducted from the paychecks of employees who have so authorized.
(5) When Changes in the rates affect large groups of the Association’s members, the Association may, in place of the agreed upon member enrollment form, notify the Payroll Division, Department of Finance, by email, clearly defining the group of Association members affected and the new rate.
(6) Unless notified in writing by th e Association of an employee’s request to cancel their association dues deduction(s), the City will continue to deduct dues, and/or any additional deduction(s) noted. Notification will be made to the Payroll Division, D epartment of Finance, utilizing the member enrollment form notating in the “Additional Information” column that it is a membership cancellation.
In the event that an Association me mber is no longer employed in a classification covered under this Agreement, but remains an active employee of the City, the City may cancel their association dues deduction(s) without notification from the Association. (7) Upon written notificati on by the Association, t he City shall enroll new members and/or cancel existing mem bership as soon as practicable, not to exceed a period of thirty (30) calendar days after notification. (8) The Association shall maintain signed authorization forms by their members certifying that the dues and/or fee(s) deduction(s) are authorized and shall provide said authorization forms to the City in the event of a dispute regarding the existence or terms of such authorization.
c. The Association will pr omptly refund to the City any amounts paid to the Association in error under this Section. The Association expressly agrees to indemnify and hold the City harmless from any and all claims, demands, cost (including any costs incurred by the Cit y in defense of a lawsuit), expenses, damages or other monetary losses arising out of or in any way connected with any action or inaction of the City in the adoption or administration of this Section. This hold harmless and indemni ty agreement shall include, but not be limited to, employee legal actions of any sort or nature against the City based upon or related to this Section.
4.2 EMPLOYEE RIGHTS
The following paragraphs state employees' rights which shall be part of the Internal Affairs (IA) investigation process:
4 a. When an employee is notif ied that the employee shall be subject to an IA interview, the employee shall be informed whether they are a witness or a principal. The Association shall be notified when an employee is subject to an IA interview or witness interview. The employee shall normally be notified of the nature of the investigation no later than the day before the interview. The employee, whether called as a witness or principal, shall be afforded the opportunity, at the employee’s request, to obtain an attorney/representative and have them present during the interview. If alleged misconduct could result in a criminal prosecution, the employ ee shall be afforded the opportunity to contact an attorney and have them present during the criminal interrogation.
To the extent possible, employee investigative interviews shall be conducted at a time that is consistent with t he employee's work schedule. Except for emergency situations, every effort s hall be made to schedule employee investigative interviews during the em ployee's normal work hours, or during the normal daytime hours of operation for Internal Affairs Division (IAD).
Employee interviews are to be conducted consistent with rights and privileges secured under the Constitution of the Un ited States. Except for emergency situations, employee investigative interviews shall be performed at the Sacramento Police Department.
The length of employee investigative interviews shall be of a reasonable duration. Furthermore, the employee shall be entitled to a reasonable number of break periods for the purposes of personal hygiene, telephone calls and meals.
b. After IAD has received a complaint against an employee, such employee shall be advised of their right s, per California Govern ment Code Section 3300 et seq. (Public Safety Officers Procedural Bill of Rights), prior to any statement or interview being taken pertaining to such investigation. c. No employee shall have any comment adv erse to their interest entered in the employee’s City or departmental personnel file without the employee having first read and signed the instrument containing the adverse comment indicating they are aware that such comment is being placed in the employee’s personnel file. Concurrenc e or an admission of guilt of the employee is not to be implied from the signing of the document by the employee. The employee shall have the right to have a rebuttal placed in their personnel file for any adverse comment placed in their personnel file within thirty (30) days of rece iving the original. The employee’s rebuttal shall be removed once the adverse comment, for which the rebuttal was written, is removed.
d. In no event shall an employee be br ought to IAD, for questioning, or be required to answer allegations regar ding minor complaints received anonymously without independent corroborating information.
5 e. Documented counseling, or othe r related adverse documented comments entered in the employee's file, shall be removed and destroyed from their file after one year from the date of documentation.
f. When the City receives a Public Records Act request for documents, information, or files, which contain fi nancial, disciplinary, performance, or personal data of a specific employee( s), the affected em ployee(s) and the Association shall receive a copy of the request. In the ev ent that the City receives a request for multiple employees and determines that personal notification to the affected employees is too cumbersome, the City will only notify the Association. This Section shall not be subject to the grievance procedure as outlined in Article 5 of this Agreement.
4.3 RELEASE TIME
a. Hours Allowed and Credited The City shall allow a maximum of 5200 hours per year to the Association representat ion unit for the purpose of conducting grievance representation and activities within the scope of its duties and responsibilities as bargaini ng representative of the su bject Unit. It is further agreed that the hours allowed are maximum hours and the Association agrees they will use their total efficiently in an effort to prevent attaining such maximum hours. The City will provide a quarterly accounting of these hours.
Appropriate procedures wil l be continued to assure both the City and the Association that they hav e up-to-date information so that in the event there are abuses of this privilege, appropriate action may be immediately taken by the City and the Association. In the event special meetings are called by the City or an Association representative is requested to engage in such activity by the City, such time shall not be charged against total allowable Association hours.
The following Association representativ es will charge their downtime for the purpose of conducting Association activi ty to Cost Center 11248: President, Board members, officers, and committee chairperson.
If the Association so desires, mem bers other than those listed above may utilize Association activity hours. Members other than those listed above shall notify in writing, the appropriate manager, with twenty-four (24) hour advance notice.
b. Over-Expenditure of Hours In the ev ent the Association incurs over-expended total allowable 11248 Cost Center hours, the Association will make payment to the City effective the first pay peri od of the month following the quarter in which over-expenditure occurs. The payment to the City will be at the rate of forty-five dollars ($45.00) per hour. Su ch payment shall be directed to the Accounting Division, Department of Finance, made payable to the City of Sacramento.
6 4.4 ACCESS TO NEW EMPLOYEES
The Association will be given a list of employ ees who are employed in classifications represented by the Association at least every thirty (30) days. To the extent it is known, the list shall contain the name of each employee, classification date, job title, department, work location, work, home, and personal cellular phone numbers; personal email address; and home address.
On the first day of orientation, new hires s hall be advised that a representative of the Association will be present to address them at the conclusion of the workday.
The Association shall be allowed to use departmental email to notify members of meetings, elections, social events, and ratifications. All communications must comply with the City and Departmental policies regarding email communication and usage.
ARTICLE 5 – GRIEVANCE PROCEDURE
The City and the Association agree to implement the following grievance procedure:
5.1 PURPOSE
a. This grievance procedure shall be used to process and resolve grievances arising under this Agreement except to the extent that t he City Charter vests jurisdiction elsewhere.
b. This grievance procedure shall not be used to resolve any questions as to whether or not an item r equires the parties to "m eet and confer" within the terms of Government Code Section 3500 et. seq.
c. The purposes of this procedure are:
(1) to resolve grievances informally at the lowest possible level; (2) to provide an orderly procedure for reviewing and resolving grievances promptly.
5.2 DEFINITIONS
a. A grievance is a good faith complain t of one or a group of employees, or a dispute between the City and the Associat ion involving the interpretation, application, or enforcement of the express terms of this Agreement. b. No matter shall be considered as a gr ievance under this Article unless it is presented in writing within thirty (30) calendar days after occurrence of the events on which the grievance was based. With the consent of the City's third step representative the thirty (30) calendar day time limit for filing grievances may be extended. When attempting to resolve a grievance informally, the City
7 and the Association shall mutually agree to toll the time for ninety (90) calendar days. The Association and the City shall acknowledge in writing the grievance is being discussed informally and the time is tolled. c. As used in this procedure, the term "supervisor" means the individual who assigns, reviews, and directs the work of an employee.
d. As used in this procedure, the term "party" means an employee, the Association, the City, or their authorized representatives. e. The employee retains all rights confe rred by Sections 3500 et. seq., of the Government Code or Civil Service Rules and Regulations of the City unless waived by such employee.
5.3 STEP ONE
An employee who believes the employee hasthey have cause for a grievance may contact the employee’stheir supervisor alone or with the employ ee’s representative. If after discussions with the supervisor, if the employee does not feel the grievance has been properly adjusted, the grievance may be reduced to writing. The grievance statement shall include the following:
a. A statement of the grievance clearly indicati ng the question raised by the grievance and the article(s) and section(s) of this Agreement. b. The remedy or correc tion requested of the City.
c. The grievance form shall be signed by the grieving employee, the date and time of presentation affixed thereto, and signed as received by the employee's Deputy Chief.
d. The grieving employee's Deputy Chief shall assign the first level review to the employee's supervisor, which supervisor shall answer the grievance in writing within fourteen (14) calendar days from the time the supervisor receives the grievance in writing. The supervisor's answer shall include the following:
(1) a complete statement of the Office's position and the facts upon which it is based.
(2) the remedy or correction which has been offered, if any.
5.4 STEP TWO
An appeal to the second step shall be made within fourteen (14) calendar days. The hearing of the grievance will be held within fourteen (14) calendar days of the second step appeal.
The Association representative and designated Department repr esentative will meet in an effort to settle the matter. The City's answer will be made fourteen (14) calendar days after
8 the hearing is held. The employee has fourteen (14) calendar days to determine whether or not to appeal the grievance to the third step.
5.5 STEP THREE
a. The Association's representative and the designated representative of the City will meet to hear any grievance appealed to the third step. A grievance appealed to the third step of the grie vance procedure sha ll be heard within fourteen (14) calendar days after the appeal to the third step of the grievance procedure.
b. A written answer will be made within f ourteen (14) calendar days after the hearing, stating the City's position.
5.6 ARBITRATION
a. If the third step answer is not satisfactory to the employ ee, the Association may appeal the grievance to arbitration. The request for arbitration must be given in writing to the designated City representative by the Association within fourteen (14) calendar days from the date of the third step answer. b. An arbitrator may be selected by mut ual agreement between the Association's representative and the City's representative.
c. Should the representatives fail to mu tually agree on an arbitrator, they shall make a joint request to the State Medi ation and Conciliation Service or the American Arbitration Association for a list of five (5) qualified arbitrators. The parties shall alternate striking each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.
d. It is understood that the ar bitrator will only interpret this Agreement and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding on the City, the Association, and employee. e. Fees and costs for the arbitrator and court reporter will be borne by the party losing the arbitration.
f. Either party to this Agreement shall, upon receipt of a written grievance, have the right to refuse to handle such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance. g. If the City fails to respond to a griev ance within the time limits specified for that step, the grievant shall have the right to appeal to the next step. However, in the event the City fails to respond to a third step grievance within fourteen (14) calendar days after the grievance hearing and the time limits have not been extended by mutual written consen t, and if the Association appeals to
9 arbitration, the City's position at the second step shall be the City's position at the arbitration.
h. The Association represent ative shall have the authority to settle grievances for the Association or employees at the respective steps of the grievance procedure.
5.7 TIME LIMITS
Each party involved in the grievance procedure shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure, but with the written consent of both parties the time limitation for any step may be extended.
5.8 WITNESSES
The City agrees that employees shall not suffer loss of compens ation for time spent as a witness at an arbitration hearing held pursuant hereto.
ARTICLE 6 – SALARY ADJUSTMENTS
6.1 SALARY RANGES
a. The salary ranges for employees in the Police Sergeant, Dispatcher I, Dispatcher II, Dispatcher III, Community Service Officer II, and Community Service Officer III classifications shall consist of five (5) salary steps with five percent (5%) between steps.
b. The salary ranges for employees in t he Park Safety Ranger Assistant, Park Safety Ranger, and Park Safety Range r Supervisor classifications shall consist of eight (8) salary steps with five percent (5%) between steps. c. The salary range for employees in the Po lice Officer classification shall consist of seven (7) salary steps with five percent (5%) between steps. d. The top step for the Dispatcher II I classification will be benchmarked at seventeen percent (17%) above the top step of the Dispatcher II classification. e. Effective December 21, 2019, tT he top step for the Police Sergeant classification will be benchmarked at twenty-one percent (21%) above the top step of the Police Officer classification.
f. Effective December 18, 2021, the top step for the Park Safety Ranger Supervisor classification will be benchmarked at fifteen percent (15%) above the top step of the Park Safety Ranger classification.
10 e.g. Effective December 18, 2021, the top step for the Park Safety Ranger classification will be benchmarked at ten percent (10%) above the top step of the Park Safety Ranger Assistant classification.
6.2 SALARIES
Effective December 18, 2021, the salary ranges for the classifications of Dispatcher I, Dispatcher II, Community Service Officer III, Park Safety Ranger Assistant, Police Officer, and Security Officer shall be increased by three and one-half percent (3.5%). Retro payments shall be issued within sixty (60) calendar days of the date of adoption by the City Council on the regular payroll cycle.
a. Effective December 21, 2019, sa lary ranges shall be increased:
(1) Two and one-half percent (2.5%) for the classifications of Dispatcher I, Dispatcher II, and CSO III.
(2) Three and one-half percent (3.5 %) for the classifications of Police Officer and all Park Safety Ranger Classifications. b. Effective December 19, 2020, sa lary ranges shall be increased:
(1) Two and one-half percent (2.5%) for the classifications of Dispatcher I, Dispatcher II, and CSO III.
(2) Three and one-half percent (3.5 %) for the classifications of Police Officer and all Park Safety Ranger Classifications.
6.3 EQUITY ADJUSTMENTS
Effective December 18, 2021, in addition to t he salary adjustment provided in Section 6.2 (Salaries), the salary schedules for the classifications of Dispatcher I, II, and III shall receive a two percent (2%) equity adjustment. This equity adjustment shall be additive to the adjustment in Section 6.2 (Salaries) and shall not compound.
ARTICLE 7 – SALARY ADMINISTRATION
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE
The rate of compensation upon original appointment shall normally be Step 1. However, if the City Manager or designee finds that the appointee has extr aordinary qualifications, or that a higher step is necessary in order to recruit, appointment at any step in the range may be made. This provision shal l apply to original appointment s to career positions and appointments to non-career positions.
7.2 ADVANCEMENT IN RATE OF COMPENSATION
a. Advancement in Steps
11 (1) Upon successful completion of twenty-six (26) weeks of service an employee shall be advanced to the next higher step of the salary range of the employee’s current classifi cation. Thereafter, employees, who maintain a satisfactory level of performance, shall automatically advance to the succeeding step, of their current classification, in intervals of fifty-two (52) weeks of completed service, which shall be calculated after the date of each advancement, until top step is reached (2) Time spent on unpaid leave of absenc e of ten (10) or less consecutive workdays shall not affect the step in crease eligibility date. For unpaid leaves in excess of ten (10) consecutive working days, all unpaid leave time shall not count toward step increases.
(3) An employee who has completed the required probatio nary period in the employee’s current classification and who is at a salary step lower than the top step may be advanced to any higher step in the salary range for that classification at any time. Such step advancement under this provision shall not be subject to the grievance procedure and shall be at the sole discretion of the Department Head.
(4) This Section 7.2(a) shall only apply to career employees. (4)(5) Effective December 18, 2021, Secti on 7.2(a) shall only apply to career employees and Community Service Officer II as provided in Article 19.3 (Community Service Officer II (CSO II)).
12 b. Denial of Step Increas e and Reduction in Grade
Employees who do not maintain a satisf actory level of performance may, in the discretion of the department, be denied advancement, and may be reduced within grade upon approval of the appointing authority. Employees in the civil service who are denied advancem ent, or who are reduced in grade, shall have the right to appeal to the Civil Service Board in accordance with its rules and regulations. This Section 7.2(b) shall only apply to career employees.
c. Effective Date of Payroll Changes
Payroll changes shall be effective on the first day of the bi-weekly pay period following the date the employee became eligible for a pay increase, which bi- weekly pay period shall beg in at 12:01 a.m. Saturday of the first week, and end at 12:00 midnight on the Friday of the second week. d. Effective Date of Salary Step Increase Upon Extension of Probationary Period (1) If the probationary period is ext ended due to light duty, sick leave, or IOD time, the salary step increase will be delayed for the period of the extension. However, the probationary period sha ll only be extended if the time exceeds thirty (30) consecutive calendar days. (2) For an employee in a classification with a six (6) month probationary period who successfully completes the extended probationary period, the period of the extension sha ll be included in determining the eligibility date for the salary step increase. For example, an employee is appointed on January 4, 1986, and works in the regular assignment until April 11, 1986. On Ap ril 12, 1986, the employee is on IOD time until July 4, 1986, and returns to t he regular assignment on July 5, 1986. The employee successfully co mpletes the probationary period on September 26, 1986. The effective date on the salary step increase is July 5, 1986, because the period April 12, 1986, to July 4, 1986, is included in determining the salary step eligibility date. (3) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed less than twenty-six (26) weeks of service, the employee shall be eligible for a sa lary step increase upon successful completion of twenty-six (26) weeks of service, excluding the period of the extension. The period of the extension, however, shall be included in determining the eligibility date for the salary step increase. The effective date of the salary step in crease is determined in accordance with the example given above.
13 (4) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed more than twenty-six (26) weeks of service and who successfully completes the extended probationar y period, the period of the extension shall be incl uded in determining the eligibility date for the next salary step increase. The effective date of the salary step increase is determined in a ccordance with the example given above, except fifty-two (52) weeks is required rather than twenty-six (26) weeks.
(5) If a probationary period is ext ended due to an unpaid leave of absence, the period of such extension is e xcluded in determining the eligibility date for a salary step increase.
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION a. Movement to a Higher Classification
When an employee moves from one classi fication to another which has a higher salary, through examination, appointment to an exempt position, temporary appointment in t he absence of an eligible list, or reallocation, the employee shall receive an increase at least equal to a full in-grade salary step (5%) or Step 1 of the higher classifica tion, whichever is greater, but not to exceed the maximum rate of the higher classification.
b. Movement to Another Posi tion in the Same Classification or to a Classification With the Same Salary Range
When an employee moves to another position in the same classification or to another classification with the same salary range, the employee shall maintain the same salary and same anniversary date.
c. Movement to a Lower Classification
When an employee's position is reallocated to a classification with a lower salary range, the employee shall suffer no reduction in salary, and the Y-rate provisions of this Agr eement shall apply. The sa lary of an employee who voluntarily demotes shall be that salary step nearest but does not exceed such salary paid in the previous classification.
7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION
Whenever the salary range of a classification is adjusted upward, the salary rate of each employee in the classification shall be adjusted to the step in the new range which corresponds to the step received in the former range, and the employee shall retain the current anniversary date for further increases within the new range.
14 7.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE a. An employee recalled after layoff, reinstated after a leave of absence, or reemployed in the same classification after resignation shall return to the same salary step paid at the time of departure.
b. If the employee is reemployed after resignation to a classification lower than that in which last employed, the empl oyee may receive any step, but not to exceed the salary of the classification in which last employed. If that step is other than the maximum step of the sa lary range, the anniversary date for subsequent in-grade adjustments shall be twelve (12) months from the date of reemployment and each year ther eafter until the maximum step of the salary range is reached.
7.6 RATES HIGHER THAN THE TOP STEP (Y-RATE)
Whenever the salary of an employee exceeds the top step of the salary range established for a classification, such salary shall be des ignated as a "Y-rate". During such time as an employee's salary remains above the top step, the employee shall not receive further salary increases, except that upon promotion to a higher classification, the employee shall immediately advance to the step of the range of the higher classification next above the "Y- rate", and be eligible for advancement to succeedi ng steps in the range as outlined in this Agreement. In the event an employee is "Y-rat ed" below the top step, the employee shall be permitted to advance to the maximum step of the original range.
7.7 LONGEVITY PAY (CONTRACT)
Employees who have completed seventeen (17) years of City service shall receive longevity pay in the amount of three percent (3%) above of their base rate of pay. Longevity pay shall be additive and shall not be compounded with any other type of pay or incentive.
7.8 LONGEVITY PAY (CITY CHARTER)
Section 108 of the City Charter provides employees who have completed twenty (20) years of service shall receive an additional one hundred dollars ($100 .00) annually, and employees who have completed twenty-five (25) years of service, shall receive an additional two hundred dollars ($200 .00) annually, for a total of three hundred dollars ($300 .00) annually. The parties acknowledge that Longevity Pa y in 7.8 is provided for in the City Charter and not though this Agreement. In t he event that changes are made to the City Charter, those changes shall supersede the provision of this Agreement regarding Longevity Pay.
Longevity Pay as provided in Section 7.8 sha ll be reported to CalPERS in a manner consistent with CalPERS rules for reporting special compensation, as amended.
15 ARTICLE 8 – HEALTH AND WELFARE
8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES a. The City shall administer a Cafeteria Plan (Plan) for employees consistent with Section 125 of the Inter nal Revenue Code. The details of Plan eligibility and operational requirements are set fort h in the Plan documents. The City agrees to make contributions (City do llars) as defined below consistent with the following terms. One-half (10 .5) of the City contribution will be made to eligible employees on each of the first two (2) paychecks (Eligible Paycheck) eachdays in a calendar month.
b. The amount of City contribution as provided in Section 8.3(b) (1-3) and (c) for each of the first two (2) paychecks each month shall be based on the number of hours for which the employee was paid in that bi-weekly pay period: 64 or more hours paid = 100% contribution; 40-63.9 hours paid = 50% contribution.
The City shall contribute City dollars as provided below, in Section 8.3(b) (1- 3) and (c) on either a 100% or 50% prorated basis to benefit eligible employee based on their position Full-Time Equivalent (FTE) as follows:
(1) .00 - .49 FTE: 0.00%
(2) .50 - .79 FTE: 50%
(3) .80 - 1.00 FTE: 100%
c. Eligible Ee mployees shall receive a City contribution for each Eligible Paycheckpay period the employee is paid for twenty (20)forty (40) or more hours of salary. Employees who are paid less than twenty (20)forty (40) hours on an Eligible Paycheck salary per pay period may continue elected coverage limited to the City's medical, dental, and life insurance plans for up to six (6) months, by personal remittance or other arrangement for payment of the full premiums of any insurance elected to be continued. Employees shall continue to receive a City contribution for each Eligible Paycheckpay period during an approved federal or state pr otected leave of absence (up to twelve (12) weeks), or while suspended from service without pay.
d. All terms and conditions of medical, dental, disability, and basic life insurance sponsored by the City will be as outlined in certificates of coverage and related insurance contracts.
8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES
a. Benefit eligible non-career employees (+1,040) s hall receive prorated City dollars as indicated in Section 8.1(b) . Except as provided herein, the City contribution shall be applied toward the premiums for City-sponsored medical and dental insurance plans for eligible employees and qualified dependents, if any.
16 b. To be eligible for City contribution under this Section, the non-career employee must be paid for a minimum of forty (40) hours of work on each paycheck period. If the employee fails to be pai d for the minimum forty (40) hours necessary to receive the City cont ribution, the City shall deduct from the employee's first two (2) paychecks each month the amount needed to pay for the insurance plans which the employee has selected. If this deduction from the employee's first two (2) paychecks each month cannot be made in its entirety, it is the re sponsibility of the individ ual employee to pay for the remaining amount. Failure to do so before the end of t he calendar month including such paycheck(s) shall autom atically drop the employee from the City-sponsored insurance program until the next open enrollment period.
8.3 AMOUNT OF CONTRI BUTION FOR EMPLOYEES ENROLLED IN A CITY-
SPONSORED HEALTH PLAN
a. Employees Enrolled in an Account-Bas ed Health Plan (ABHP), as Defined by the City
(1) The ABHP is a combination of a High Deductible Health Plan (HDHP) and a Health Savings Account (HSA).
(2) For employees enrolled in an ABHP, the City contributions shall be as specified in Section 8.3 (b), below. To the extent that the premium for the ABHP is less than the City contributions outlined in (b), below, any excess contribution shall be credit ed to the employee’s HSA to the extent allowed by law.
b. Employees Not Enrolled in an ABHP
(1) Employee Only
Employees enrolled in a City-spons ored medical plan for employee only, the City contribution shall be $721 per month.
Effective December 21, 2019, employees enrolled in a City-sponsored medical plan for employee only, the City contribution shall be $829.46 per month.
Effective the pay period beginning F ebruary 12, 2022, for full-time employees enrolled in a City-spons ored medical plan for employee, only, the City contribution shall be $838.00 per month. (2) Employee Plus One (1) Dependent
Employees enrolled in a City-spons ored medical plan for employee plus one (1) dependent, the City c ontribution shall be $1,033 per month.
17 Effective December 21, 2019, employees enrolled in a City-sponsored medical plan for employee plus one (1) dependent, the City contribution shall be $1,318.38 per month.
Effective the pay period beginning F ebruary 12, 2022, for full-time employees enrolled in a City-spons ored medical plan for employee plus one (1) dependent, the City contribution shall be $1,333.00 per month.
(3) Employee Plus Two (2) or More Dependents
Employees enrolled in a City-spons ored medical plan for employee plus two (2) or more dependents, the City contribution shall be $1,393 per month.
Effective December 21, 2019, employees enrolled in a City-sponsored medical plan for employee plus tw o (2) or more dependents, the City contribution shall be $1,758 per month.
Effective the pay period beginning F ebruary 12, 2022, for full-time employees enrolled in a City-spons ored medical plan for employee plus two (2) or more dependents, the City contribution shall be $1,777.00 per month.
(1) Effective December 19, 2020, for plan year 2021, the City shall contribute fifty percent (50%) of the first fifty dollars ($50) of premium increases, up to a total City dollar maximum contribution of twenty-five dollars ($25) per month, toward the cumulative total increase in premiums, from plan year 2020 to plan 2021, of the benchmark plans ($40 Kaiser HMO, Delta Dental DPO, and VSP basic vision plans). The employee shall be responsible for any premium increase(s) which exceeds this amount.
c. Employees shall not receive any unus ed portion of the City contribution as cash.
d. Employees not enrolled in a City-sponsored medical plan may receive up to $721.00 per month to purchas e City-sponsored dental and vision coverage.
Employees will not receive any portion of this contribution as cash. e. No employee shall be eligible to re ceive cash-back in lieu of health benefits unless the employee has waived parti cipation in City-sponsored medical, dental and vision plans continuously since the 2013 open enrollment period.
Employees eligible for cash back shall receive $200 .00 per month. Eligibility for cash-back is lost if an employ ee participates in any City-sponsored medical, dental or vision plan. Cash -back shall not be included in the
18 calculation of determining an employee’s regular rate when determining such rate for contact overtime.
f. Monthly health and welfare contributions and the cash-back benefit for part- time employees shall be prorated as indicated in 8.1(b). g. Employees who are eligible to receiv e the City contribution who do not provide proof of other group medical cover age and do not enroll in City medical coverage within thirty (30) calendar days of being eligible for the City’s contribution shall be enrolled in the lowest cost traditional HMO medical plan for employee only coverage.
8.4 COVERED DEPENDENTS
a. An employee who has a domestic par tner, and has a notarized City-provided “Declaration & Understanding of Partner ship Status for City of Sacramento Employee Health Benefits” form dated on or before June 30, 2017, may cover the domestic partner under the employee's City-sponsored medical plan. The employee’s contribution for the prem ium cost for the domestic partner coverage will be made on an “after tax” basis.
b. An employee who has a domestic partner , and is registered with the Secretary of State of the State of California, may cover the domestic partner and/or the domestic partner's children, under t he employee's City-sponsored medical plan. Employees with regi stered State of California domestic partners shall receive the City contributions as specified in Section 8.3. c. The following eligible dependents qualify to be enro lled on a City medical, dental, or vision plan: lawfully married spouse or registered domestic partner; children up to age 26 who are an employee’s natural child, stepchild, adopted child, or the natural or adopted child of an employee’s spouse or registered domestic partner; children up to age 26 who are placed under the legal guardianship of an employee, the empl oyee’s spouse, or employee’s registered domestic partner; children under the age of 26 in which the City has received notice of a Qualified Do mestic Relations Order of required coverage; and disabled unmarried children over the age of 26 who reside with the employee. The definit ion of dependent child for purposes of medical insurance shall also be in accor dance with the Patient Protection and Affordable Care Act.
d. An employee covered as a dependent of another City employee may not enroll in a City medical plan, but may enroll in a City dental or vision plan.
8.5 LIFE INSURANCE
a. The City shall provide basic life insurance in an amount of $25,000 to each eligible career employee at no charge if the employee is paid one (1) or more hours of salary per pay period on the same basis as in Section 8.1(a) . The
19 use of the City contribution to the Cafe teria Plan in Section 8.1(a) for the purchase of additional life insurance shall not exceed a total of $50,000 City- sponsored term life insurance.
b. Insurance over $50,000: Employees may also purchase at their expenseout- of-pocket supplemental life insurance in the amount of up three (3) times annual salary subject to limitations specified by the insurance carrier. b.c. The City shall provide Accidental Death and Dismemberment Insurance in the principal amount of $400,000 to officers while they are performing Explosive Ordinance Disposal (E.O.D.) duties, air operations flights, SWAT duties, bicycle detail, and motorcycle enforcement duties.
8.6 FLEXIBLE SPENDING ACCOUNTS
The City shall offers a Flexible Spending Accounts (FSA) as permitted by Internal Revenue Service Regulations for:.
a. Out-of-pocket cost for City-sponsored healthmedical, dental, and vision insurance plans;
b. Unreimbursed health care expenses; and
c. Dependent care reimbursement.
The City shall provide a summary of IRS rules on flexible spending limits during each open enrollment to both the employees and Association.
8.7 RETIREE HEALTH SAVINGS ACCOUNT
a. The City provides two (2) Retiree Health Savings Accounts (RHSA) for members of the Association.
(1) Employees hired before September 3, 2013, shall contribute one percent (1%) of their base salary per pay period.
(2) Employees hired on or after Septem ber 3, 2013, shall contribute three percent (3%) of their base salary per pay period.
(3) The Association may increase thes e contributions annually on January
1. If a request to do so is made, t he City will effect a plan amendment as soon as practicable if the pr oposed amendment is consistent with applicable laws.
b. Employee contributions to the RHSA will be m andatory for each group, with the mandatory contributions to be det ermined annually by the Association.
Employee contributions sha ll be on a pre-tax basis to the extent allowed by law.
20 c. The plan allows both City contribut ions as well as mandatory pre-tax employee contributions, and withdrawals of their RHSA upon separation from the City, subject only to those restrict ions in the United States Internal Revenue Code (USIRC) or other applicable law. The City shall pay the quarterly administrative fee on behalf of each active employee. d. This Section shall be interpreted and enforced in a manner consistent with the USIRC and other applicabl e law. If a legal impediment exists to implementation, the parties shall meet and agree to a lawful alternative. The City is not responsible for the tax consequences of any contributions made by Association members to the RHSA plans.
8.8 RETIREES OR SURVIVOR DEPENDENTS
Eligible City retirees or survivor depend ents shall receive City retiree insurance contributions for medical, dental, and visi on insurance benefits under the following provisions:
a. The maximum City contribution toward s the purchase of m edical, dental, or vision insurance for retirees is $300.00 per month for the retiree. A retiree with a dependent enrolled on the retiree’s medical plan shall receive an additional $65.00 per month. Retirees shall not re ceive any unused portion of the City contribution as cash.
b. Employees Retiring On or After July 1, 1992
(1) Except as provided below, to be eligible for the City retiree insurance contribution for retiree only, the em ployee must retire from active service with a minimum of ten (10) full years of City service for a service or ordinary disability retirement, and be fifty (50) years old. (2) Employees retiring with thirty (30) or more years of City service shall be eligible for the City's retiree insurance contribution effective with the date of retirement without regard to age.
(3) The City's retiree insurance contribution shall be as follows:
(a) Employees with a minimum ten (1 0) full years of City service but less than fifteen (15) full years of City service shall be eligible to a maximum of fifty percent (50%) of the City's maximum retiree insurance contribution identified in subsection 8.8 (a) above. (b) Employees with a minimum fifteen (15) full years of City service but less than twenty ( 20) full years of City service shall be eligible to a maximum of seventy-five percent (75%) of the City's maximum retiree insurance contribution identified in subsection
8.8 (a) above.
21 (c) Employees with a minimum of twenty (20) full years of City service shall be eligible for up to one hundred percent (100%) of the City's maximum retiree insur ance contribution identified in
8.8 (a) above.
(4) There shall be no City retiree insu rance contribution for retirees with less than ten (10) full years of City service.
(5) An employee who does not retire from the Sacram ento City Employee Retirement System or CalPERS within one-hundred twenty (120) days from the date of separation from Cit y service shall not be eligible for the City’s retiree insurance contribution and may not enroll in a City medical, dental, or vision plan
c. Pre-Medicare Eligible Retirees
Pre-Medicare retirees who are not eligible for Medicare benefits may elect to participate in a City-sponsored medical plan or purchase an individual medical plan. A retiree who elects to purchas e a medical plan not sponsored by the City shall only be eligible to enroll in a City medical plan if the retiree enrolls with an effective date of coverage which is within two (2) years from the date their prior City medical coverage terminated except in the event of closure or repeal of the Patient Protection and Affordable Care Act. d. Medicare Retirees
In order to maintain eligibility for the City retiree health insurance contribution, each eligible retiree and eligible dependent(s) shall enroll in Medicare Parts A and B immediately after becoming eligible for such benefits. Medicare retirees may elect to participate in a City- sponsored Medicare medical plan or purchase an individual Medicare medical plan.
Medicare retirees who have enrolled in Parts A and B after becoming eligible for such benefits may el ect to participate in a City-sponsored Medicare medical plan without restriction to the amount of time the retiree has waived a City-sponsored medical plan. Medicare retirees may only enroll on their City- sponsored Medicare medical plan a Medicare eligible dependent(s) who has enrolled in Parts A and B.
Medicare retirees who are eligible for Medicare Parts A and B and who elect to purchase an individual medical plan shall only be reimbursed the cost of the individual premiums associated wit h a Medicare Advantage, Medicare Supplemental, and/or Medicare Prescription Drug plan up to their eligible City contribution.
e. Retiree Insurance Contribution Exclusion
22 Retirees who participate in another gr oup medical plan as an employee or dependent spouse shall not be eligible for the City contribution outlined above. f. Industrial Disability or Deat h in Line of Duty Survivors Retirees who receive industrial disab ility pensions or death in-line-of-duty survivors will be entitled to one hundred pe rcent (100%) of the City retiree insurance contribution regardless of years of service.
g. Survivor Dependents Benefits
Survivor dependents of eligible employees or retirees shall be entitled to the same benefit amount as the employee was eligible to at the time of death. h. Limitation Clause
No employee or retiree shall have any rights provided by this Section after the expiration of this Agreement.
i. Elimination of Retirees or Survivor Dependents Benefits for Employees Hired After June 30, 2013
No employee hired after September 3, 2013, shall be eligible for any benefits provided by this Section. Employees transferring to classi fications in the Police Department Unit after September 3, 2013, shall be eligible for the benefits provided by this Section only if the transferring employee was eligible for retiree or survivor dependent benefits at the time of transfer.
ARTICLE 9 – HOURS OF WORK
9.1 HOURS OF WORK
a. The workday for uniformed employees in the Office of Field Services and Office of Operational Services shall be as follows:
(1) Patrol Division - ten (10) cons ecutive hours (overtime after 10 hours) (2) Metro Division - ten (10) consec utive hours (overtime after 10 hours), except for the Sergeants in Court Liaison Unit.
(3) Contract Services - ten (10) consecutive hours except Sergeants for the Reserves/Special Events Unit.
b. The workday for employees in the Office of Operational Services and for employees in the Office of Investigations shall be the 4/10 schedule, except that the Department may deviate from the 4/10 bas ed on operational needs where better service or other work r equirements are met by such alternate schedule. Employees on the 4/10 shall have a thirty (30) minute unpaid lunch,
23 except that employees in the Office of Investigations whose shift begins after 2:00 p.m. shall work a c onsecutive eight (8) or ten (10) hour day. Nothing herein prevents the Department from assigning days off throughout the week, or from establishing alternative hours or days off schedules. c. Employees assigned to the Office of the Chief may work the 9/80 schedule. d. The workday for all other employees shall be nine (9) consecutive hours, which shall include a one (1) hour unpaid lunch period. e. Notwithstanding the above, the workday for employees who are removed from their regular duty assignment to participate in training shall be determined by management. The hours of work for the remainder of the workweek after the training will be scheduled by management in consultation with the employee. f. The workweek shall cons ist of forty (40) hours.
9.2 4/10 WORK SCHEDULE
a. The City and the Association agr ee on a 4/10 work schedule to officers assigned to the Patrol Division within the Office of Field Services and for employees in the classifications of Police Officer, Police Sergeant, and Community Service Officer in the Office of Investigations. b. Management retains the right to di scontinue the 4/10 work schedule, and revert to the 5/8 work schedule on the date such s ubsequent Agreement terminates, if it appears that police services are impaired. c. The Association may request the right to discontinue the 4/10 work schedule on the date each subsequent Agreement terminates, and the City will revert to a 5/8 Plan.
d. Employees will work the 4/10 work schedule in the Communications Division where feasible.
24 9.3 DISPATCHER REST PERIODS
Employees shall be afforded rest periods of fi fteen (15) minutes during the first half of the employee's shift, and fifteen (15) minutes during the last half of the shift.
9.4 COMMUNITY SERVICE OFFICER LUNCH PERIOD
The lunch period for a CSO shall be established based on their assignment and schedule.
Patrol assignments shall generally inclu de a paid lunch, and investigations and administrative assignments shall generally include an unpaid lunch of thirty (30) minutes or one hour.
9.5 PARK RANGER HOURS OF WORK
a. The workweek for career Park Safety Ranger Assistants, Park Safety Rangers and Park Safety Ranger Supervisors (“ employees”) will begin at 12:01 a.m.
Saturday, and end at 12:00 midnight the following Friday. The employees’ workweek will consist of forty (40) working hours during that seven (7) day period.
b. The workweek schedule shall consist of forty (40) hours in increments of four (4) ten (10) hour workdays (4/10). Every effort will be made to schedule such workdays consecutively and avoid back-to-back workweeks. c. Employees, except those on a straight ten (10) hour work day, will take an unpaid meal period of thirty (30) minutes which shall be scheduled generally in the middle of the work shift. Employees who are scheduled to work a 4/10 will have a forty (40) minute paid meal period.
9.6 FLEXIBLE HOURS
Notwithstanding the provisions of Sections 9.1 and 9.2 above, employees may alter their assigned schedules through the use of flexible hours under the following circumstances:
a. With approval of the supervisor; and
b. On a voluntary basis for the employee; and
c. Within the limitation of a maximum of forty (40) hours worked in the workweek. d. An employee may elect to work beyond the eight (8) or ten (10) hour scheduled day, and take off an equal am ount of time during the same workweek.
e. Such flexed hours shall not be consi dered overtime hours for purposes of contract overtime.
25 f. The five (5) day notice provisions of Section 10.8 shall not apply to such flexed hours in any assignment.
9.7 FURLOUGH/REDUCED WORKWEEK
a. Pursuant to the Furlough/Reduced Workweek Policy the City may establish for full-time career employees a vol untary work furlough/reduced work week program consisting of a full day of unpai d leave on a variable schedule or a work schedule which is modified on a regular fixed basis to less than forty (40) hours per week. Employees participating in the Furlough/Reduced Workweek program will not be eligible for supplement al employment or work overtime assignments without the written agreemen t of the employee’s Captain or designee. Approved supplemental employment shall be paid consistent with Section 18.1(c).
b. The City agrees to provide thirty (30) days written notice to the Association prior to any changes to the Furlough/Reduced Workweek Policy and agrees to meet with the Association in accordance with Section 1.1 of the Agreement.
9.8 PART-TIME OPT ION FOR EMPLOYEES
Except as provided herein, nothing in the Part-Time Option shall be deemed to override any of the provisions of this Agreement. Empl oyee participation is voluntary and subject to Department approval.
a. Permanent Part-Time and Job Shar ing Employment Personnel Policy Part-time option for employees will be administered in accordance with the City of Sacramento Personnel Policy Instruction II-83-1, Permanent Part-Time and Job Sharing Employment, dated May 12, 1983.
Holidays will be accrued on a prorated basis.
b. Program Participation
For the Police Officer, Police Sergeant, Community Service Officer III, Dispatcher II, Park Safety Ranger, and Park Safety Ranger Assistant classifications, the pa rt-time arrangement will be available to permanent employees as determined by management, as follows:
(1) Management will determine the number of part-time positions on an annual basis.
(2) Management will identify positions that do not require investigative caseloads.
(3) Management will notify all active participants of any openings.
26 (4) Selection for Police Officer positi ons outside of Patrol shall be in accordance with current transfer selection practices.
(5) Management will identify assignments designated as part-time. Sign- ups will be on the basis of classification seniority.
(6) Lateral candidates, not off probati on, must have Deputy Chief approval. c. Hours of Work
Each part-time employee will have a defined work schedule of twenty (20) hours per week. An employee may work additional hours with manager approval. Overtime will be defined as wo rking more than ten (10) hours in a day or forty (40) hours in one (1) workweek.
d. Court Overtime
If an employee, on their scheduled day off, is subpoenaed to appear in court, the employee will receive a minimum of four (4) hours pay at the applicable rate, or the actual amount of time spent in court, whichever is greater. If an employee is scheduled to work, and is subpoenaed to appear in court before or after the employee’s shift, the employee will receive a minimum of two (2) hours pay at the applicable rate, or the ac tual amount of time spent in court, whichever is greater.
e. Call-Back
If an employee, on their scheduled day off, is called back to work, the employee will receive a minimum of four (4) hours pay at the applicable rate.
If an employee is called back to work prior to the start of the employee’s next regularly scheduled shift, the employ ee shall be compensated, at the applicable rate of pay, for the actual time worked or a minimum of two (2) hours, whichever is greater.
f. Continuing Professi onal Training (CPT)
When mandatory training occurs, employee s will revert to a forty (40) hour workweek.
g. Retirement Service Credits
Eligible employees who work less than 1,720 hours during a fiscal year will accrue PERS service credits on a prorated basis.
27 h. Vacation Sign-Up
Part-time employees shall be eligible to bid for vacation after all full-time employees have bid. Part-time employees shall bid for vacation on the basis of classification seniority.
i. Termination
A part-time agreement may be terminated by the City for cause or by the employee upon submission of a written notice to the other party. Upon receipt of the written notice, the part-time arrangement will be terminated on a date mutually acceptable to the City and the employee or thirty (30) calendar days from the date of t he written notice, whichever o ccurs first. Dispatchers who elect to vacate a part-time position during the year will be placed in a full-time position at management’s discretion based on the needs of the division.
Placement will be permanent until the next sign-up opportunity. In the event of an emergency or other service impairment, management reserves the right to revert a part-time employee’s schedule to full-time.
ARTICLE 10 – OVERTIME
10.1 OVERTIME
a. Employees required to work in excess of their regularly scheduled shift or forty (40) hours per workweek shall be com pensated at the rate of one and one- half (1.5) times their regular rate of pay. All paid time shall count as time worked for the purposes of calculating overtime with the exception of sick leave. Employees shall be entitled to overtime compensation by payment or compensatory time off (CTO) at the employee's option.
b. The City shall not arbitrarily change or reschedule days off or shifts in order to avoid the payment of overtime.
10.2 COMPENSATORY TIME OFF (CTO)
a. Employees may accrue up to one hundr ed sixty (160) hours of Compensatory Time Off (CTO).
b. The Department Head or designee must approve the use of CTO. Use of CTO may be denied based on the need for backfill or emergency needs. c. Employees may cash-out accrued CTO at the employee’s regular rate of pay to be paid on or before the first paycheck in November. Employees must request the cash-out on or before September 10th.
d. Effective as soon as practicable and upon plan amendment, annually on the pay period that includes July 1, all CTO hours in excess of one hundred and
28 twenty (120) hours shall be converted to cash at the employee’s regular rate of pay and deposited into their ICMA VantageCare ICMA account.
10.3 COURT OVERTIME
a. When an employee is subpoenaed or r equired by the City to appear in Criminal Court, Civil Court, or a hearing board in t he employee’s capacity as a City employee, and is not scheduled to be on duty during t he time of the appearance, upon reporting to the court or location of the hearing the employee shall receive a minimum of four (4) hours pay at time and one-half (1.5) the employee’s regular rate of pay, or the actual amount of time spent in court, whichever is greater.
b. When such court appearance on off-duty time requires the employee to be in attendance before and after the lunch re cess, such lunch time shall be included in determining the employee's court overtime pay. c. When an employee works a graveyard shi ft that ends at or after 7:00 a.m., and is required to make a morning court appearance on the same day, the employee shall receive court overtime beginning at the end of the employee’s shift. The employee shall use the time to the maximum extent possible to travel to and prepare for the court appearance.
d. When the employee's court appearance is scheduled within two (2) hours prior to the beginning of the employee's work hours, the employee will be compensated at the rate of time and one- half the employee’s regular rate of pay for a minimum of two (2) hours for such court appearance. e. When an employee is on vacation mo re than two hundred ( 200) miles from Sacramento and the vacation is inte rrupted by a court appearance, the employee shall be paid a minimum of four (4) hours pay at the rate of double time the employee’s regular rate of pay for such court appearance, and shall be given an additional vacation day fo r each day of court appearance and travel time if such travel time is at least one full day. (Travel time is defined as seven (7) hours.) However, for an employee to be eligible for compensation under this subsection the employee must, upon receiving the subpoena, notify the employee’s Captain and the Cour t Liaison Unit of the scheduled vacation/court appearance conflict.
f. When an employee is requested by the Cit y to either appear before the City's Accident Review Board or to testify in a formal disciplinary appeal case, and is not scheduled to be on duty, the em ployee shall be compensated for two (2) hours pay at the rate of time and one-half (1.5) the employee’s regular rate of pay or the actual am ount of time spent, whichev er is greater, for such appearance.
29 10.4 TELEPHONE STANDBY TIME
When an employee is placed on telephone standby by the District Attorney or the judge of the court, the employee is r equired to notify the Court Liaison Unit. If the standby requirement has been confirmed by the Department, the employee will be compensated at the rate of one and one-half (1.5) times the regular rate of pay for only those hours that the court is actually in session.
10.5 TELEPHONE OVERTIME
a. It is the responsibility of an employee to make all requested court, District Attorney, and Court Liaison Unit telephone calls, so far as possible, during the employee’s normal working hours. T he employee shall make all requested calls as expeditiously as possible.
b. When an employee, whose entire scheduled shift falls between 1700 hours and 0800 hours, is directed by the Court Liaison Unit to call the court or District Attorney on the employee’s off-dut y time on a scheduled workday, the employee shall receive two (2) hours pay at the rate of time and one-half (1.5) the employee’s regular rate of pay for completing the requested telephone call.
c. When an employee is directed by the C ourt Liaison Unit to call the court or District Attorney on a scheduled day off, or at a specific time while not scheduled to be on duty, the employee shall receive two (2) hours pay at the rate of time and one-half (1.5) the em ployee’s regular rate of pay for completing the requested telephone call.
d. All telephone calls must be completed to the specific person requesting the call for the employee to be eligible for any compensation under this Section.
However, this provision shall not apply when an employee is directed to make telephonic contact at a specific time. If an employee calls the District Attorney and the call is incomplete the employee need only make one call. e. When an employee is directed by the Court Liaison Unit to call that office while not on duty, the employee shall receive tw o (2) hours pay at the rate of time and one-half (1.5) the employee’s regular rate of pay if the employee is advised by the Court Liaison Unit that the employee will not be required to appear in court as scheduled. If the employee is advised by the Court Liaison Unit that the employee will be requir ed to appear in court, the employee will be entitled to the four (4) hour minimum court overtime pay at the rate of time and one-half (1.5) the employee’s regular rate of pay which will begin from the time of the telephone call to the Court Liaison Unit.
f. All authorized telephonic overtime must be supported by an authorization slip from the Court Liaison Unit.
30 g. In no case will an employee be compensated in the same day for 1) more than one telephone call on the same case, or 2) both court overtime and telephone overtime on the same matter. In the latter case the employee will receive the court overtime pay as provided in Section 10.3 of this Article. If the employee is entitled to court overtime for te lephone calls or appearances in separate matters, payment shall not be made more than once for the same period of time.
h. There shall be no telephonic overtime for an employee merely answering the employee’s personal telephone.
i. This Section does not preclude the employee from contacting the court, District Attorney, the employee’s office , or the Court Liai son Unit at the employee’s own discretion. However, these calls will not be compensated.
10.6 CANCELLATION OF APPEARANCES
Notice of court cancellation will be given to employees three (3 ) hours prior to court or at the end of last shift prior to court. In the event that notice is given in less than three (3) but more than two (2) hours, employees will receive two (2) hours of overtime at the rate of time and one-half (1.5) the employee’s regular rate of pay. In the event that notice is given with two (2) hours or less, employees will receive four (4) hours of over time at the rate of time and one-half (1.5) the employee’s regular rate of pay. Confirmation of notification to employees verbally or by vo icemail prior to three (3) hours will eliminate overtime compensation.
10.7 MINIMUM SHIFT/CALL-BACK
a. Employees who are ordered to work out side of their normal scheduled shift shall receive time and one-half (1.5) at the employ ee’s regular rate of pay for the actual time worked or a minimum of four (4) hours, whichever is greater. b. Employees who are called in to work and start work within ninety (90) minutes of their scheduled start time on their scheduled workday, will be compensated time and one-half (1.5) at the employee’s regular rate of pay for a minimum of two (2) hours. c. This Section shall not apply to employees when held over at the end of their shift or for voluntary overtime. For the purpose of this Section, work can typically be defined as performing normal work duties and attending meetings or trainings.
10.8 SHIFT CHANGE NOTICE
The City shall pay overtime at the rate of one and one-half (1.5) times the employee’s regular rate of pay for th e first rescheduled shift an employee works when given less than five (5) days’ notice. This Section shall not apply to employees on administrative leave, IOD, or modified/light duty.
31 ARTICLE 11 – SPECIAL ALLOWANCES
11.1 UNIFORMS
a. The City shall provide all new hired or rehired employees in the classifications of Police Officer, Community Servic e Officer, Dispatcher, a lump-sum payment of one-thousand-dol lar ($1,000), subject to normal and customary withholdings, for the purchase of uniforms. Employees hired to attend an academy shall receive the lump-sum payment upon successful completion of the academy.
b. The City shall provide all new hired or rehired employees in the classifications of Park Safety Ranger and Park Sa fety Ranger Assistant a one-thousand- dollar ($1,000) voucher for the purchase of uniforms. Employee hired to attend an academy shall receive the uniform voucher upon successful completion of the academy.
c. All rehired employee s in the classification of Police Officer, Community Service Officer, Dispatcher, Park Sa fety Ranger, and Park Safety Ranger Assistant who previously received the lump-sum payment for the purchase of uniforms and did not turn in their uniforms after leaving City service shall not be eligible to receive the lump-sum payment upon rehire. d. Lump-sum payments will be reported to the Public Employees’ Retirement System (PERS) in compliance with t he Public Employees’ Retirement Law (PERL)
e. In the event the Cit y mandates a uniform change the employees shall have twenty-four (24) months to transition to the new uniforms. If the City requires the transition to be completed in less than twenty-four (24) months, the City will incur all costs.
f. The City will repair or replace uniforms, and other personal property damaged, lost or stolen in the course of employment and performance of their assigned duties without fault or negligence on the part of employees. g. To repair or replace prescription gl asses the prescription shall not be more than twenty-four (24) months old to qualify for reimbursement under this Section. All costs to update the prescription shall be borne by the employees.
11.2 ON-CALL
a. Employees designated by their respective Deputy Chief of Police or manager to be on-call shall receive thirty-five dollars ($350) per day of on-call. Effective December 21, 2019, on-call shall be paid at thirty-five ($35) per day. b. When an off-duty employ ee is contacted by tel ephone or any other means and spends more than fifteen (15) minutes providing advice or assistance to
32 an on-duty employee, the employee shall be compensated at the rate of one and one half (1.5) times the regular rate of pay for the duration of the call.
11.3 SWORN OUT-OF-CLASSIFICATION PAY
a. When a vacancy arises above the grade of Police Officer, or when an officer above the grade of Police Officer is absent or unavailable fo r their regularly assigned duties, an officer from the next lower rank may be temporarily assigned by their manager or designee to perform the substantial duties of the higher classification until such time as the absent or unavailable officer returns or the vacancy is filled. When assigned to an out-of-class assignment, the officer shall be compensated by t he payment of five percent (5%) above the employee’s base rate of pay .
b. Perform the substantial duties means, actively engaged in the supervisory functions of the Sergeant or Lieutenant (e.g., disciplinary action, employee counseling and review, managing and directing the employees, laying out and planning work activity). In and of itself performing any "one" of the above tasks does not lend itself to out-of-classification pay.
c. Eligibility for out-of-classification assignment for Acting Sergeant or Acting Lieutenant shall be at the discretion of the Chief of Police or designee.
11.4 DISPATCHER OUT-OF-CLASSIFICATION PAY
a. When a vacancy arises above the level of Dispatcher II, or when an employee above the level of Dispatc her II is absent or unava ilable for their regularly assigned duties, an employee may be temp orarily assigned in writing by the manager or designee to perform the substantial duties of the higher classification until such time as the absent or unavailable employee returns or the vacancy is filled. When assigned to an out-of-class assignment, the employee shall be compensated by the payment of fi ve percent (5%) above the employee’s base rate of pay.
b. Perform the substantial duties of means, actively engaged as the radio supervisor monitoring radio traffic; scheduled as the complaint desk supervisor; performing the supervisory f unctions of the higher classification (e.g., disciplinary action, employ ee counseling and review, managing and directing the employees, laying out and planning work activity); or performing the administrative functions of the posit ion. In and of itself performing any "one" of the above tasks does not lend itself to out-of-classification pay. c. Out-of-classification assignment(s) shall be staffed as determined by the manager or designee and rotated among qualified employee(s) currently working on the affected shift, as follows:
(1) "Qualified" is determined based on training, skill and ability to perform the specific position available for out-of-classification assignment.
33 (2) The order of preference for assignment among qualified employees who are available for the entire out-o f-classification assignment shall be based on:
(a) City seniority for those empl oyee(s) who were previously demoted and on a recall list for Dispatcher III;
(b) employee(s) on the eligible lis t for the classification without regard to placement;
(c) volunteer(s) on the affected shift; or
(3) Within each category of preferenc e, when training, skill and ability are equal, seniority shall be used to det ermine the out-of-classification assignment.
11.5 PARK RANGER OUT-OF-CLASSIFICATION PAY
a. When a vacancy arises above the level of Park Safety Ranger, or when an employee above the level of Park Safety Ranger is absent or unavailable for their regularly assigned duties, an employee may be temporarily assigned in writing by management to perform subst antially all the duties of the higher classification until such time as the absent or unavailable employee returns or the vacancy is filled. When assigned to an out-of-class assignment, the employee shall be compensated by the payment of fi ve percent (5%) above the employee’s base rate of pay.
b. Substantially performs means actively engaged in the supervisory functions of the Park Safety Ranger Supervisor or higher (e.g., disciplinary action, employee counseling and review, managing and directing employees, laying out and planning work activity). In and of itself, performing any one of the above tasks does not lend itself to qualifying for out-of-classification pay. c. Eligibility for out-of-classification assi gnment shall be limited to a Park Safety Ranger on a promotional list. In instances where there is no one on a current eligible list, out-of-classification assignments shall be made at the discretion of the Director of the Department of Youth, Parks, and Community Enrichment or designee.
11.6 DETECTIVE PAY
a. Police Officers who are assigned to t he Office of Investigations, Internal Affairs Section, Major Collisions and Investigations (MCIU), and Criminal Intelligence Unit are routinely and cons istently assigned to investigative and intelligence duties and shall receive detec tive pay in the amount of five and one-half percent (5.5%) of the employee’s base rate of pay during the term of the assignment. Detective pay shall be additive and shall not be compounded with any other type of pay or incentive.
34 b. When such assignment is terminated pur suant to Articles 15 or 16, and the officer is no longer entitled to detective pay, such loss of detective pay shall not be considered a "punitive action" under Government Code Section 3303. c. Officers temporarily, for fewer than sixty (60) days, assigned to the above positions shall not be entitled to det ective pay. Employees on light-duty assignment or receiving a reasonabl e accommodation due to disabling condition shall not be entitled to detective pay.
d. Any dispute regarding termination of an assignment as described in (a) above shall be processed in accordance with the grievance procedure as set forth in this agreement.
e. Nothing in this Article shall prohibi t involuntary transfers and/or assignments for just cause.
11.7 TRAINING OFFICER PAY
a. Police Officers and Dispat chers assigned as Training Officers (TO) shall be paid nine and one-half percent (9.5%) of the employee’s base rate of pay for the duration of the assignment.
b. Park Safety Rangers assigned as Tr aining Officers (TO) shall be paid nine and one-half percent (9.5%) of the employee’s base rate of pay only for time spent performing TO duties.
c. TO pay shall be additive and shall not be compounded with any other type of pay or incentive.
d. The department shall maintain a ratio of three (3) full-time TOs for every two (2) trainees per classification.
e. When such assignment is terminated, and the Police Officer is no longer entitled to TO pay, such loss of TO pay shall not be considered a “punitive action” subject to Government Code Section 3303.
f. An involuntary transfer or reassignm ent from TO shall be for just cause. g. Any dispute including but not limited to transfer, termination of an assignment, or reinstatement to TO status shall be process ed in accordance with the grievance procedure.
11.8 CANINE OFFICER COMPENSATION
a. A canine officer utilizes up to four-tenths (4/10) of an hour each day of off-duty time caring for the dog.
35 b. The rate of pay for such time shall be at the rate of time and one-half (1.5) the employee’s regular rate of pay.
c. Dog care time shall not be consider ed time worked for purposes of contract overtime.
d. To the extent required by law, dog care time shall be included in determining the Fair Labor Standards Act (FLSA) "hours worked" for the twenty-eight (28) day FLSA work period, and the pay for such dog care hours shall be computed in accordance with the FLSA.
e. Canine officers shall not be eligible for off-duty assignment pursuant to Section 18.1(e) of the Agreement.
f. The Police Department shall provide food for the canines consistent with veterinary dietary recommendations.
g. Canine officers will execute the C anine Handler Agreement (Exhibit A).
11.9 DISPATCHER NIGHT-SHIFT PREMIUM PAY
a. Dispatchers who work five-eighths (5/8) or six-tenths (6/10), as applicable, or more of their regular shift in the period extending from 6:00 p.m. to 12:00 a.m., shall receive an additional five percent (5%) of their base pay for that shift.
Dispatchers who work less than five-eight hs (5/8) or six-tenths (6/10), as applicable, of their work shift in the period extending from 6:00 p.m. to 12:00 a.m., shall receive an additio nal five percent (5%) of their base pay for such hours.
b. Dispatchers who work five-eighths (5/8) or six-tenths (6/10), as applicable, or more of their regular shift in the period extending from 12:00 a.m. to 7:00 a.m., shall receive an additional seven percent (7%) of their base pay for that shift.
Dispatchers who work less than five-eight hs (5/8) or six-tenths (6/10), as applicable, of their work shift in the period extending from 12:00 a.m. to 7:00 a.m., shall receive an additional seven percent (7%) of their base pay for such hours. This differential shall be flexib ly applied to minimize any negative impact based on changes to shift start and stop times.
11.10 BILINGUAL PAY
a. The City may authorize bilingual pay w hen it is determined to be necessary for the operation. The City shall determine what languages are appropriate for such pay and the number of employees to be certified. To be eligible for bilingual pay the employee must be determined to be verbally proficient, and if necessary for the assignment, profic ient in the written language. The City will arrange the certificat ion and testing process and authorize the bilingual pay.
36 b. Bilingual pay shall be paid at two perc ent (2.0%) of the employee’s base rate of pay for any pay period in which the employee is certified. An employee who is receiving bilingual pay may be requi red to provide assistance to any City operation. Bilingual pay shall be additi ve and shall not be compounded with any other type of pay or incentive.
11.11 CITY RESIDENCY INCENTIVE
a. Employees shall receive a one-time incentive pay of $ 510,000 following the purchase of a primary residence in side the boundaries of the City of Sacramento. Effective December 21, 2019, the one-time residency incentive pay shall be $10,000 for the purchase of a primary residence inside the boundaries of the City of Sacramento.
b. Employees must be an owner of reco rd of the residence and the residence must be the employee’s primary residence to receive this Iincentive. c. The City Residency Incentive shall not app ly to purchases made prior to June 24, 2017.
d. The City Residency Incentive shall automatically terminate on December 31, 2021March 24, 2023.
ARTICLE 12 – EDUCATIONAL AND P.O.S.T. INCENTIVES
12.1 EDUCATIONAL AND P.O.S.T. INCENTIVES
a. Police Officers and Police Sergeants s hall receive the following educational and P.O.S.T. incentives:
Bachelor’s Degree 5% above base rate of pay
Intermediate P.O.S.T. certificate 5% above base rate of pay Advanced P.O.S.T. certificate 85% above base rate of pay Effective December 21, 2019, Advanced P.O.S.T incentive shall be 8% above base rate of pay.
b. Dispatcher I, II, III, Community Serv ice Officer III, and Park Safety Ranger shall receive the following educational incentives:
Associate’s Degree 2.5% above base rate of pay
OR
Bachelor’s Degree 5% above base rate of pay
c. Dispatcher I, II, and III shall receiv e the following P.O.S.T. incentives:
Public Safety Dispatcher Certificate 5% above base rate of pay
37 d. Incentives shall be additive and sha ll not be compounded with any other type of pay or incentive.
ARTICLE 13 – PHYSICAL FITNESS
13.1 PHYSICAL FITNESS PROGRAM
a. The Police Department’s Physica l Fitness Program will be voluntary. b. Participation in the Physical Fit ness Program is not a condition of employment, but sworn officers will be encouraged to participate. c. Participation in the Physical Fitness Program is required for officers who use on-duty workout time.
d. Officers who participate in the program will not be required to achieve passing scores in the assessment.
13.2 ON-DUTY WORKOUT TIME
a. Employees in the classification of Police Officer, Police Sergeant, Dispatcher, Community Service Officer III/II/I (“employees”) shall be permitted to use sixty (60) minutes of paid time, two (2) days per week in order to use City fitness equipment. Part-time employees will be permitted to use sixty (60) minutes of paid time, one (1) day per week.
b. Police Officers and Police Sergeants who use on-duty workout time will be required to participate in the Police Department’s annual Physical Fitness Program.
c. Prior to using on-duty workout ti me, an employee must meet with the Department’s fitness coordinator. Jointly, the coordinator and employee will develop a workout program that meets the employee’s physical fitness needs. d. Employees who are not field deployed ma y, at the employee’s discretion, use their workout time daily in conjunction with their meal period. Employees using meal period workouts shall receive a combined meal/workout period lasting seventy (70) minutes. Employees must use a minimum of thirty (30) minutes for workout.
38 ARTICLE 14 – LEAVES
14.1 HOLIDAY PAY
TheHE City and the Association observe the holidays listed below:
New Year’s Day
Martin Luther King, Jr.’s Birthday
President’s Day
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
The day after Thanksgiving
Christmas Day
a. The number of recognized holiday hours shall be one hundred and twelve (112) per fiscal year which shall accrue at four (4) hours and forty (40) minutes holiday credit on a bi-weekly basis over twenty-four (24) pay periods per year, which shall be the first two (2) pay periods of each month. Employees in paid status for less than forty (40) hours in a bi-weekly pay period shall accrue no holiday credit. Employees in paid status for forty (40) or more hours shall accrue a percentage based on hours worked from 50% up to 100%. b. At the option of the Cit y, the employee shall be given one day off with pay for accrued holiday credit on a one-day for one-day basis. An employee who terminates employment shall be paid at straight time for accrued holiday credit.
c. Holiday accumulations shall be limit ed to a total of one hundred and twelve (112) hours. All accrued hol iday time in excess of one hundred and twelve (112) hours in any bi-weekly pay period shall be paid to the employee at his/her straight-time hourly rate.
d. Accumulated holiday time may be used in conjunction with any regularly scheduled vacation.
e. In the event that an officer’s previ ously scheduled holiday is canceled by the City with less than five (5) days’ notice, the Police Department employees shall be compensated at the rate of time and one-half for all hours worked and receive eight (8) hours pay in exchange for being charged the holiday. If an officer requests a holiday with less than five (5) days’ notice, no above premium payment shall be made if cancellation is made.
Effective June 20,2020, the following shall replace subsection (a-e) above:
39 Employees covered under this agreement are normally required to work on approved holidays because they work in positions that require schedu led staffing without regard to holidays. Therefore, in-lieu of receiving holida y time off employees shall receive Holiday Pay at five and a quarter per cent (5.25%) of their base rate of pay.
This pay shall be additive and shall not compound with any other incentive.
By April 1, 2020, employees shall make an irrevocable election to have their existing holiday leave accruals to remain as leave time, with no cash value, or to have the balance cashed out at the employee’s regular rate of pay, as of June 19, 2020, to be paid on the July 14, 2020 paycheck. Employees who do not make the election shall have their holiday accrual balance cashed out, at their regular rate of pay as of June 19, 2020, to be paid on the July 14, 2020 paycheck. For the purpose of determining an employee’s regular rate for this cash out, the Advanced P.O.S.T incentive shall be five percent (5%).
14.2 SICK LEAVE
a. A full-time employee shall accumulate si ck leave credits at the rate of one (1) day per month, four (4) hours per bi-week ly pay period, on each of the first two (2) paychecks each monthdays in a calendar month of employment which may be used at the discretion of the employee in the event of illness or injury which is not job-related. As outlined in the Rules and Regulations of the Civil Service Board, one-third (1/3) of accrued sick leave may be used after exhaustion of IOD time; however, the combination of temporary disability payments and sick leave pay shall not exceed one hundred percent (100%) of the employee’s regular rate of pay. Such usage shall not exceed the maximum amount of the employee's a ccumulation. A non-career (+1,040) employee shall earn sick leave on a pro rata basis.
b. An employee in active service of t he City eligible to accumulate sick leave credits may, in January each year, re ceive a cash payment for twenty-five percent (25%) of the unused portion of sick leave credits accumulated during the preceding calendar year, provi ded that on December 31 immediately preceding the date for payment, the employee has at least four hundred eighty (480) sick leave hours accumulated. T he employee shall be paid for such percentage of sick leave accumulation at the straight time rate of pay which the employee was receiving on January 1 of each year in which payment is made. The amount of time for which an employee is paid shall be deducted from the employee's total accumulation.
c. An eligible employee may elect to receive cash payments for accumulated sick leave by notifying the Payroll Sect ion, Department of Finance, in writing of such election no later than January 1 of each year.
d. For employees hired on or before J une 30, 2005, who retire with twenty (20) or more years of City service shall receive payment for thirty-three and one- third percent (33-1/3%) of the total sick leave credits accumulated (to the
40 nearest full day) by the employee on the date of such retirement or application of the sick leave accrual toward PER S service credit. No employee whose services are terminated by reason of disc harge for cause, or by reason of resignation or layoff prior to the completi on of twenty (20) years of service, shall be eligible for payment of any portion of accumulated sick leave credits. e. Employees hired on or after July 1, 2005, shall not be eligible for sick leave cash-out, regardless of years of service.
f. All employees may apply the sick leave balance to service credit pursuant to the PERS contract with the City upon termination of employment for retirement.
g. The estate of a sworn officer who is killed in the line of duty shall receive payment for one hundred percent (100%) of accumulated sick leave credit. h. Upon layoff, employees hired on or before June 30, 2005, may receive payment for thirty-three and one-third per cent (33-1/3%) of the employee’s total accumulated sick leave credits. Employees being recalled shall have the uncompensated portion of their sick leav e balance restored. However, if eligible, only those sick leave hours accrued after recall shall be applied to any subsequent sick leave payoff.
i. No payments made or sick leave credits accumulated shall be construed or deemed to constitute retirement benefits payable to employees of the City. j. The Rules and Regulations of the Civil Service Board relating to the administration of sick leav e privileges and benefits shall apply to all eligible employees.
14.3 VACATION ADMINISTRATION
a. Employees shall sign up for their vacation annually each November in conjunction with the annual sign-ups. Employees shall be entitled to sign up for as many weeks of vacation as they will accrue in the year for which the sign-up takes place. Employees in assignments not covered by a formal sign- up shall sign up for vacation within their assignment, by classification seniority, at the same time the formal annual sign-up is conducted. b. Non-career (+1040) employ ees shall be eligible to sign up for vacation after all career employees have bi d. Date of last hire shall determine seniority for non-career employees. Non-career empl oyees shall bid for vacation on the basis of said seniority.
c. When an employee sustains an injury co vered by workers' compensation and has utilized all of the one (1) year IOD/Section 4850 time and consequently is receiving straight workers' compensati on temporary disability payments, the employee will be allowed to utilize (while off work) accrued vacation time in
41 partial day increments in addition to receiving workers' compensation temporary disability payments with the total aggregate payment of temporary disability and vacation pay not to exceed one hundred percent (100%) of the employee’s regular rate of pay. As a condition of using such accrued vacation, however, the employee is required to continuously utilize accrued vacation until accrued vacation is exhausted or they return to work. This provision also applies to any accrued leave with the exception as noted in 14.2, Sick Leave. d. Employees who are eligible to receiv e a cash payment in-lieu of vacation leave, as provided for in Article 8 Section 107(d) of the Sacramento City Charter, may make an irrevocable election to receive such payment by foregoing the same number of vacation ho urs in the calendar year following the election. Notification of the election must be made to the Payroll Division, Department of Finance, in writing by November 30 for payment to be made on the last paycheck of March in the next calendar year .
14.4 PREGNANCY DISABILITY LEAVE
The pregnancy disability benefit shall be applicable to female employees as follows:
a. Full-time career employees who are pregnant shall be eligible for a maximum City-paid pregnancy disability leave of four (4) weeks consisting of up to one hundred sixty (160) hours of continuous paid time off. Part-time career employees who are pregnant shall be eligib le for up to eighty (80) hours of continuous City-paid time off during the four (4) week pregnancy disability leave. Unused pregnancy disability leave shall have no cash value. Non- career employees are not eligible for the four (4) weeks of City-paid pregnancy disability leave.
b. To be eligible for the paid leave t he employee must have completed at least two-thousand-eighty (2,080) hours of regular service from the most recent date of hire preceding the request for pregnancy disability leave. All paid time, with the exception of overtime, shall count toward the calculation of regular hours worked when determining eligibi lity for pregnancy disability leave.
Hours worked as a non-career employee do not count toward an employee’s eligibility for this benefit.
c. To obtain pregnancy disability leave, the employee shall submit a request for time off and verification of medical disability for the duration of such leave. d. Upon return from pregnancy disability leave on the date previously authorized, employees shall be reinstated in the former department and in the classification last held.
e. Inclusive of pregnancy disability leave, an eligible employee may request parental leave for a maximum of seven (7) months of leave by utilizing accrued
42 and available hours of vacation, compensatory time off (CTO), holiday, sick leave and/or unpaid leave.
14.5 CATASTROPHIC LEAVE PLAN
a. A benefit-qualified employ ee may donate to or receive from an unrepresented employee, or a represented employee whose bargaining agreement provides for such donation or receipt, usable vacation, floating holiday, management leave, or compensating time off hours. Participation in this plan shall be voluntary. Sick leave may not be donated under this plan. b. All donations sha ll be made in accordance with City procedure. c. The donation in any category must be a minimum of eight (8) hours of usable time.
d. Donations shall be on an hour-for-hour basis, regardl ess of the pay rates of the donor and recipient, except hours transferred between employees on the Fire Suppression (56 hours) schedule an d the non-Fire suppression (40) hours schedule shall be adjusted by a factor of 1.4 to 1. e. Hours to be donated shall be kept in a pledge status until used. As needed, pledged hours shall be debited from the donor's leav e balance and credited to the recipient's usable vacation accrual balance. Once credited, the donation becomes irrevocable. A donor terminating for any reason shall be paid for pledged but unused leave time.
f. Management employees may only re ceive donations from management employees. A non-management employee may not receive donations from a subordinate employee where a direct supervisor/subordinate relationship exists. Any exception to this paragraph must be approved by the City Manager or designee.
g. To be eligible to use donations, an employee must:
(1) be incapacitated and unable to work due to a prolonged catastrophic non-industrial illness or injury which is estimated to last for at least thirty (30) calendar days;
(2) have exhausted all usable ba lances, including sick leave; (3) be on an approved leave of absence.
h. All donated hours must be used on a continuous and uninterrupted basis and will be paid at the rate of pay and normal work schedule of the recipient, along with all usable hours accrued, until the earliest of the following events occurs:
43 (1) All leave balances, including both donated and accrued leave, are exhausted; or
(2) The employee returns to work at their normal work schedule; or (3) The employee's employment terminates.
i. Donations received while a recipient is still utilizing previously donated and related accrued leave time may be us ed immediately thereafter. Hours donated subsequent to exhausting all do nated hours shall be accumulated and utilized along with related accrued leave hours in amounts equal to the recipient's normal bi-weekly work hours.
j. Used donated leave time shall count towa rd the application of City service and benefits in the same manner as when the employee is on paid vacation leave. k. Used donated leave time shall be subject to the recipient's normal payroll deductions.
14.6 COURT LEAVE
a. When an employee is absent from work to testify in response to a subpoena issued by a court of competent jurisdiction in a matter to which the employee is not a party, or to serve on a jury or to report for jury duty examination, the employee shall be granted pay for those hours which the employee is absent for such reason. The City may require the employee to elect to be on telephone alert and remain on the job until such time as called to serve jury duty. When an employee is required to be on telephone alert, the employee will cooperate with the jury commissioner and the City will be responsible to ensure that the employee is available. Pay for work time lost shall be computed at the employee's regular rate of pay at the time of such absence.
The employee shall return all witness fees or jury remuneration received, less transportation allowance, to the City.
b. If a swing shift or graveyard shift employee has served in excess of one-half (1/20.5) of the scheduled shift in court or on jury duty, the employee will notify the employee’s supervisor in advance of the employee’s start time so the employee can be excused from the employee’s shift. If an employee is on jury duty less than one-half the scheduled shift, the employee will be required to work.
c. In lieu of the shift after service on ju ry duty, a graveyard shift employee may request to take off the shift prior to ju ry duty, provided that if the employee serves less than one-half ( 1/20.5) of the employee’s shift, the employee will be required to use vacation or other leave accruals to cover the shift. d. To receive pay for work time lost, an employee must pr ovide the City with a statement signed by an official of the court certifying the employee's service
44 as a witness or juror or appearance in c ourt for such purposes, the date or dates of attendance, the time released from attendance and the compensation paid exclusive of any transportation and subsistence allowance. e. This Section shall not apply to appear ances arising out of the employee’s course and scope of employment which are covered by the Court Overtime provisions of Section 10.3 of this Agreement.
f. At the option of the empl oyee who is assigned to serve on a jury for periods in excess of one week, such employee may have the employee’s schedule adjusted to a Monday - Friday, 8 a.m. to 5 p.m. schedule for the duration of the assignment.
14.7 PERSONAL LEAVE
a. Full-time career employees who have co mpleted ten (10) full years of service shall be credited with twenty-four (24) hours of personal leave in January of each applicable year. Part-time career employees shall be credited with a prorated amount of time based on their regular schedule. b. Personal leave shall not expire and shall have no cash value.
14.8 BEREAVEMENT
An employee may receive up to twenty-four ( 24) hours of City-paid leave for bereavement based on the death of the employee’s spouse, registered domestic partner, parent, sibling, child, registered domestic partner’s child, grandchild or grandparent. The employee may use sick leave as authorized by Civil Service Board Rule 16, Sick Leave, for additional time off or to attend to other death, bereavement or funeral needs.
14.9 BENEFITS FOR LATERAL HIRE EMPLOYEES
a. As an incentive to lateral hires, the City may offer the following benefits in its discretion:
(1) A one-time or annual award of Suppl emental Administrative Time Off (Supplemental ATO). The purpose of the award of Supplemental ATO pursuant to this Section is intend ed to provide the candidate with the amount of leave that they would be accruing had the candidate been an employee of the City for the duration of their employment. As such, the amount of Supplemental ATO awarded in any year shall not, when aggregated with the amount of vacation accrued by the employee in that year, exceed the vacation accruals described in City Charter Section 107. In addition, the empl oyee’s aggregate total of vacation and Supplemental ATO shall not exceed 480 hours. Supplemental ATO awarded pursuant to this Section shall have no cash value.
45 (2) A one-time award of Restricted Sick Leave credit to be used during the first two (2) years of City service. Candidates with one (1) to five (5) years of experience – forty (40) hour s; Candidates with six (6) to ten (10) years of experi ence – eighty (80) hours; Candidates with more than ten (10) years of experience - one hundred twenty (120) hours.
Restricted Sick Leave awarded pursuant to this Section shall have no cash value and will expire at t he end of two (2) years from the candidate’s date of hire.
(3) The probationary period wil l be twelve (12) months. b. The City has the discretion of hiring a lateral candidate into the salary step consistent with that candidate’s previous experience and skills.
14.10 BENEFITS FOR REHIRE OF EMPLOYEES
As an incentive to rehires, the City may award the following in its discretion:
a. An employee who is rehired within twel ve (12) months of leaving the City may return to their classification seniority from the previous time spent in the classification of Police Officer or Dispatcher while employed by the City. b. Rehires will be credited with the number of sick leav e hours they had upon separation minus any hours that were cashed out at separation. c. Rehires will be allowed to return to the same salary step they held when they left City service. Rehired employees shall receive salary step advancements in accordance with Section 7.2 (Advancement in Rate of Compensation), with no prior city service time counting towards step advancements. Employees who return at a salary step greater than Step 1 shall receive their first salary step advancement on the pay period following their completion of fifty-two (52) weeks of employment after being rehired.
d. The City may make a one-time or annual award of Supplemental Administrative Time Off (Supplemental ATO). The purpose of the award of Supplemental ATO pursuant to this Section is intended to provide the candidate with the amount of leave t hat they would be accruing had the candidate not left City employment as a police officer. As such, the amount of Supplemental ATO awarded in any year shall not, when aggregated with the amount of vacation accrued by the employee in that year, exceed the vacation accruals described in City Charter Secti on 107. In addition, the employee’s aggregate total of vacation and Supplem ental ATO shall not exceed 480 hours. Supplemental ATO aw arded pursuant to this Se ction shall have no cash value.
e. The probationary period for any rehire shall be twelve (12) months.
46 14.11 PAID CITY LEAVE
a. Employees in City service on January 1, 2022, shall receive a one-time leave bank contribution of thirty-five (35) hours of Paid City Leave. This leave shall not expire, and shall have no cash value except as follows:
(1) Employees receiving the Paid Ci ty Leave contributions described in Article 14.11(a) may make an irrevo cable election to receive a cash payment in lieu of using the leave. Notification of the election to receive this cash payment must be made to the Payroll Division, Department of Finance, in writing, by Novem ber 30, 2022. Employees making the irrevocable election shall receive the payment on the paycheck representing the first pay period following their election at the straight time rate of pay they are receiving at the time of payment, less ordinary payroll deductions.
(2) Upon separation from City service, employees with a balance of Paid City Leave described in Article 14.11(a) shall receive a payment of the Paid City Leave balance at the straight time rate of pay they are receiving at the time of the payment, less ordinary payroll deductions.
b. Employees in City service on October 31, 2022, shall receive a one-time leave bank contribution of thirty-five (35) hours of Paid City Leave that will become available for use on the first paycheck in January 2023. This leave shall not expire and shall have no cash value except as follows:
(1) Employees receiving Paid City Leave described in Article 14.11(b) may make an irrevocable election to rece ive a one-time cash payment by foregoing the thirty-five (35) hour s of Paid City Leave in 2023.
Notification of the election must be made to the Payroll Division, Department of Finance, in writing by November 30, 2022. This cash payment will be made to the employ ee on the last paycheck in March 2023. Payment shall be m ade at the straight ti me rate of pay the employee is receiving at the time payment is made, less ordinary payroll deductions. If the employee ma king the irrevocable election separates from City employment for any reason prior to December 31, 2022, the employee forfeits both the right to receive the cash payment and the thirty-five (35) hours of leave.
(2) Upon separation from City service, employees with a balance of Paid City Leave described in Article 14.4(b) shall receive a payment for the Paid City Leave balance at the straight time rate of pay they are receiving
47 ARTICLE 15 – SENIORITY
15.1 CLASSIFICATION SENIORITY DEFINED
Classification seniority shall be based on the time in classification plus time spent in a higher classification, within the department with the exception that academy time as a Cadet prior to July 1, 2019, shall count toward seniority as a police officer if such time was part of continuous service. Authorized l eaves of absence shall not affe ct classification seniority.
When two (2) or more employees are assigned to the payroll on the same date, seniority shall be determined by the ranking in the Academy, excluding physical performance testing.
All other ties shall be broken by lowest random number.
15.2 SENIORITY APPLICATION
a. Classification seniority qualifies an employee for:
(1) Time off preference
(a) Annual vacation sign-ups shall be conducted by classification seniority in conjunction with the annual sign-ups.
(b) After the completion of annual sign-ups, employees may, by classification seniority, select additional weeks of leave, in forty (40) hour blocks. Employees may only select from vacation blocks left open at the completion of sign-ups. Employees may request additional blocks using any leave they will have available to them, with the exception of sick time.
(c) When additional time off becomes available on Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Eve, or New Year’s Day, the time off will be granted by lot during an annual holiday draw.
(d) All other time off requests may be made no more than sixty (60) days prior to the start of the requested leave and will be approved on a first in time basis. Classification seniority shall be used to determine selection when multiple leave requests are made on the same day.
(2) Days off and shift preference.
(3) Preference during the sign-up process.
(4) As a factor in transfer requests.
(5) On duty workout schedule.
(6) Determining primary beat on overlap days.
48 b. If an employee is absent from their position for a period of six (6) consecutive months due to a leave of absence, or twelve (12) consecutive months due to an Injury on Duty (IOD), the Department may, at that time, fill that position on a permanent basis in accordance with the provisions of this Agreement. When the absent employee returns to full duty, they will be assigned to an available opening; and if said opening is other than in the Patrol Division, the assignment(s) will be on a temporary basis until such time as the employee can return to the Patrol Division or receive a permanent assignment through the intra-department transfer process.
c. Nothing in this Article shall prohibi t involuntary transfers and/or assignments for just cause.
ARTICLE 16 –TRANSFERS AND ASSIGNMENTS
16.1 TRANSFER POLICY
Employees, with the exception of employees in the classifica tion of Police Sergeant and Dispatcher III, shall have a minimum of two (2) years of classification seniority prior to being eligible for consideration for any intra-departmental transfer. Employees within the classification of Police Sergeant and Dispatcher III may be eligible for an intra-departmental transfer after the completion of their probati onary period in the classification and one (1) year of classification seniority.
16.2 ANNUAL SIGN-UPS
a. Employees shall participate in an annua l sign-up within their assignments. b. Sign-ups shall take place in Novem ber on days mutually agreed to by the Department and the Association and shall become effective on the first day of the first full pay period in January. Sign- ups for patrol shall take place at the Association Office or at a mutually agreed upon location. Sign-ups for all other assignments shall take place either within the Office or at a mutually agreed upon locations.
c. Sign-ups shall be conducted in person, by proxy, or by telephone at the time assigned to each employee based on de scending classification seniority within their assignment.
d. Sign-ups shall be conducted within eac h assignment and by classification.
Assignment shall be defined broadly to include all employees conducting the same type of work and include, but are not limited to, Patrol Division, Communications Division, Park Rangers, Traffic, SWAT, K-9, Hospital, Regional Transit, Downtown Core, and PO P. Investigators and Detectives shall sign up within their assigned investigative team.
49 e. Sign-ups within each assignment s hall include any employees who are assigned to the position on the last Friday in October and any employees who have been selected for transfer to the assignment before the first scheduled day of sign up.
(1) The Patrol sign-up shall also include any employees who have requested transfer back to patrol by the first Friday in October. (2) Employees who reque st and are granted a trans fer back to patrol for the purpose of participating in the patrol annual sign-up vacate their right to return to their previous assignment and will be required to participate in the sign-up process.
f. Supervisors shall sign up before subordinate employees. g. Employees, except investigator s and detectives, shall sign up for:
(1) Team and supervisor, when more than one team exists within the assignment.
(2) Geographical area of assignment.
(3) Radio identifier.
h. All employees shall sign up for:
(1) Days off and shift.
(2) Vacation. Employees shall be entitled to sign up for as many weeks of vacation as they have accrued in the year for which the sign-ups take place.
(3) Required annual training schedule.
i. An employee’s status as a training offi cer shall not affect their ability to fully exercise their rights to make selecti ons during sign-ups and no restrictions shall be placed on an employee’s choices due to their status as a training officer.
j. The Department, after consultation with the Association, shall establish an assignment matrix for conducting sign- ups which shall include all positions and all elements subject to sign up. The Department will provide the Association with a draft matrix and a list of employees by seniority for each assignment seven (7) days prior to the start of sign-ups. The Department retains the right to determine the number of officers assigned to any shift and to determine the boundaries of the geographical areas of assignment.
50 k. The Association is a member of th e “patrol planning committee.” The purpose of the committee includes developing recommendations for the Chief of Police on matters including, but not limited to , patrol shifts, days off, sign up dates, and annual vacation administration.
l. The City retains the unilateral right to make change in the basic concept in the following areas:
(1) Number of officers assigned to any one shift.
(2) Shift hours.
(3) Ratio of one (1) officer to two (2) officer units.
(4) Geographic boundaries of districts and sectors.
16.3 FILLING VACANCIES IN PATROL AND COMMUNICATIONS
a. When a permanent vacancy as defined in subsection (d) below arises in the Patrol Division or in Communications, excluding specialized Communications positions, the vacancy shall be cons idered for posting as part of a supplemental sign-up. Va cant positions should be posted absent an operational need as determined by the Department.
(1) Vacancies which exist on March 31 shall be posted by April 7. (2) Vacancies which exist on July 31 shall be posted by August 7. b. Postings shall remain open for ten ( 10) days. Selections and transfers should be made as soon as practicable following the end of the posting period. c. Positions shall be filled by seniorit y from among the applicants in that classification and assignment. Employees outside the Patrol Division must submit a request for transfer to Patrol to be eligible for inclusion in the supplemental sign-up. Management may te mporarily fill pos itions at its discretion until the completion of the post and selection process. d. Permanent vacancies are those which ar ise due to retirement, death, removal, resignation, promotion, or where the employee is absent from a position for a period of six (6) consecutive months due to paid or unpaid leave of absence, or where the Department has been given notice by the employee that they will not return to the position until the effective date of the next annual sign-up. e. Nothing in this Section shall prec lude management from posting positions when there is no contractual obligation to do so.
f. In the event there is no response to a posting, management may fill the vacancy based upon transfer requests or reassignment of probationary
51 employees. When the list of probationary officers is exhausted, management may fill the vacancy with the least s enior employee(s) who has completed probation.
g. Nothing in this Article shall prec lude the Department's right to assign probationary employees as needed to accomplish training needs and to make temporary assignments of employees, not to exceed ninety (90) calendar days, to meet operational needs.
h. Management agrees to consider indivi dual patrol officer transfer requests pertaining to personal hardship as they arise.
16.4 FILLING VACANCIES OUTSIDE OF PATROL AND COMMUNICATIONS a. When a permanent vacancy arises as defined in Section 16.3(d) outside of Patrol, the Office of the Chief, or Communications, excluding specialized Communications positions, the Department shall decide if the vacancy should be filled. If the Department decides to fill the position, notice of the vacant position shall be distributed by email.
b. Employee's shall submit transfer requests for each position to which they wish to transfer. Such transfer requests shall be valid for one (1) year from date of submission. An employee may be considered eligible for transfer if they will meet the eligibility requirements for tr ansfer within thirty (30) days of the position posting closing date.
c. In the event of a job posting, the posting announcement, including selection criteria, shall be forwarded to the Associat ion five (5) working days prior to it being posted. Upon request of the Association, the City will consult with the Association on any changes to the se lection criteria prior to the implementation of such a change.
d. The department testing process and the selection of employees for vacancies shall be in accordance with the Specialty Unit Testing and Selection General Order. At the completion of the testing process, the department shall create a group of eligible employees for t he assignment. Any vacancies in the assignment may be filled by the department by selecting employees from the group for a period of ninety (90) days following the completion of the testing process. The Department and Association may mutua lly agree to a different time period prior to the completion of the posting period. e. Nothing in this Article shall prec lude the Department's right to assign probationary employees as needed to accomplish training needs and to make temporary assignments of employees to meet operational needs. f. Should a candidate not be chosen for an assignment, the candidate may request a written or verbal explanation for the denial. This request shall be completed within thirty (30) days.
52 16.5 ROTATION IN OFFICE OF IN VESTIGATIONS AND SPECIALTY UNITS a. All officers and sergeants in the Offi ce of Investigations and specialty assignments shall be assigned a rotation date upon assignment. The normal rotation shall be determined based upon, but not limited to, the following considerations:
(1) The amount of training needed to perform the duties. (2) The need for organizational consistency of operations. (3) The need to build relationships within the job function.
The normal rotation may be extended in one (1) year increments to a maximum of five (5) years at the discretion of the Deputy Chief. b. Additional extensions beyond the five-year limit may be granted at the discretion of the Chief of Police or designee.
c. All specialty assignments as described above shall have an annual review for retention.
d. Employees currently assi gned to the Office of Investigations and specialty assignments who have not been assigned a rotation date shall have no rotation date, subject to annual review for retention as indicated in (c) above. e. Specific time commitments for each sp ecialty unit will be outlined in the General Orders.
ARTICLE 17 – LAYOFF
17.1 PURPOSE
This Article provides the procedure to be followed when an employee is to be displaced/laid off from their position due to layoff.
17.2 DEFINITIONS
a. Layoff: A layoff shall be defined as th e dismissal of at least one employee due to lack of work, lack of funds, or abolishment of position. b. Seniority:
(1) Sworn seniority shall be as defined in Section 15.1. (2) Seniority placement for civilian classifications shall be based on classification seniority, defined as the effective date of probationary appointment to the employee's present job classification including any
53 prior time in the classification or ti me spent in a higher classification, but less any time spent in a lower classification due to downgrade. The term higher classification shall mean a job classification in which the top rate of pay is great er than the top rate of pay of the employee's present classification. For those cl assifications which have flexible staffing as defined in the Civil Se rvice Board Rules and Regulations and provided for in the classification specifications, classification seniority shall be defined as the effective date of probationary appointment to the lowest classifica tion in the classification series.
When two (2) or more employees have the same classification seniority ties shall be broken by the City service seniority. City service seniority is defined as the effect ive date of appointment to the employee's first career classification, or the ef fective date of appointment to the employee's first full-time classification(s) which immediately preceded a career appointment, whichever is greater. For employees appointed to the classifications of Community Service Officer III and Dispatcher I, in the event of a tie, seniorit y ranking shall be based on the Academy test ranking. In the ev ent of a tie in such scores, seniority shall be determined by lowest random number.
c. Seniority Adjustments: Classificati on seniority and City seniority shall be adjusted (reduced) in calendar days to re flect time spent on layoff from City service.
d. Termination of Seniority: Termi nation of seniority shall occur upon:
(1) Resignation, except as provided in Section 14.10(a), above. (2) Discharge.
(3) Retirement.
(4) Layoff in excess of five (5) cons ecutive years out of City service. (5) Failure to comply and report to a second recall opportunity notice within fourteen (14) calendar days from the date of postmark on the recall notice.
e. Downgrade: A downgrade shal l be defined as a change in job classification of which the top salary is less than the top salary of the employee's present classification, due to a layoff. Sworn employees shall onl y be allowed to downgrade to the appropriate classifica tion in which the employee held a sworn position. Salary as referred to in this Article shall be the monthly salary range and respective salary step for the affected classification as identified in the salary schedule. An employee who is downgraded pursuant to this Article shall be paid in the new classificati on the salary range step closest to the monthly pay rate received immediately prior to downgrade.
54 17.3 PROCEDURE
In the event of a layoff the following procedure shall be utilized:
a. In the affected job classification the employee(s) with the least classification seniority shall be the first displaced.
b. An employee who is displaced from the classifications of Police Sergeant and Police Lieutenant shall be entitled to downgrade by asserting seniority in the new classification. In the event a Polic e Lieutenant is laid off who has never held the rank of Sergeant, they shall downgrade to Police Officer by date of rank. If such a downgrade occurs, the downgrading employee shall replace the employee in the new job classifi cation with the least classification seniority. In no event will a career em ployee be laid off until all non-career employees in the classification have been laid off.
c. An employee who is disp laced from the classification of Dispatcher III shall be entitled to downgrade to Dispatcher II, provided that the downgrading employee has greater City service senior ity. The displaced employee shall then be laid off.
d. An employee may accept a layoff in lie u of a downgrade by written notification to Labor Relations within forty-eight (48) hours of receiving notice of layoff.
Where the employee accepts a layoff in lieu of a downgrade, said employee shall forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off.
e. The application of this procedure is not intended to extend job assignment, work organization, or departmental preference to any employee affected by a layoff.
f. In the event of a layoff, the City sha ll send by certified mail a layoff notice to all affected employees. Such notice shall be postmarked at least fourteen (14) calendar days in advance of the effect ive date of layoff. Such layoff notice shall be mailed to the employee's address in the City’s payroll system, and shall be deemed appropriate notice. T he employee(s) who is on a paid or unpaid leave shall be affected by the layoff in accordance with the provisions of this Article in the same manner as all other employees.
17.4 FRINGE BENEFITS
a. Employees laid off shall be paid si ck leave, vacation, holiday accrual, longevity, and similar benefits per app licable ordinances and rules.
Employees being recalled who received a sick leave payoff at the time of layoff, shall have the uncompensated portion of their sick leave balance restored; provided, however, that only those sick leave hours accrued after recall shall be applied to sick leave payoff related to a subsequent termination.
55 b. Employees enrolled in City insurance program s may continue elected coverage limited to the City's medical, dental, and life insurance plans for a period up to six (6) months or the period of time permitted by Consolidated Omnibus Budget Reconciliation Act (COBRA), whichever is greater, by advanced personal remittance for each month's premium for the cost of such coverage.
c. Assistance with this insurance opt ion, unemployment benefits, and the availability of retirement benefits or refunds as gov erned by the City Charter will be provided by the B enefits Division, Department of Human Resources, on the request of laid off employees.
17.5 RECALL
a. When a vacancy occurs in a classification, the employee(s) eligible to return to that classification shall be recalled on the basis of classification seniority for sworn employees, and City service s eniority for civilian employees.
Employees with permanent status shall be entitled to recall rights, for a period of five (5) consecutive years from the date of layoff/displacement. When a recall list exists and an employee is on a reinstatement list due to a medical leave of absence, such employee will be merged with employees on the established layoff eligibility list based on seniority. Employees with probationary status shall have recall rights for a period of two (2) consecutive years from the date of layoff/displacem ent, but upon recall, shall start a new probationary period. An employee w ho has downgraded and has not been recalled to the classification where permanent status is held within the five (5) year period shall lose all recall rights and shall gain permanent status in the classification to which the employee downgraded.
b. When a vacancy exists and employees are to be recalled, notice of the opening(s) shall be sent to the last mailing address as furnished by the laid off employee. To expedite the recall, more than one employee may be notified of an opening, but priority will be given to employees with the earliest applicable seniority in the classification where the vacancy exists. This recall notice shall be by certified mail and the employee shall have fourteen (14) calendar days to report to work from the postmark date on the recall notice.
An employee who is laid off shall be gi ven a physical examination prior to or at the time of layoffs and upon their recall. Upon being recalled the employee shall meet the medical standards est ablished by the layoff physical, with consideration of normal changes of physical condition (aging) occurring while laid off. The standard shall be established on an individual basis. Employees shall be allowed to decline a recall one (1) time within the five (5) year period.
Declining a second recall opportunity will permanently remove an employee from the recall list.
56 17.6 POLICE-RELATED SUPPLEMENTAL EMPLOYMENT
During the period of any layoffs, Article 18, Police-Related Supplemental Employment, shall be amended to provide first call for any supplemental employment to those employees who have been laid off or downgraded until such empl oyee is employed as a sworn officer in another jurisdiction, or has been removed fr om the recall list. This will amend Section
18.1(d) so that all laid off or downgraded officers will not be on a rotating list but will be first called for any job. If there are not sufficient laid-off officers to fill the needs of a job requirement then Section 18.1(d) will apply.
ARTICLE 18 – POLICE-RELATED SUPPLEMENTAL EMPLOYMENT
The Sacramento Police Depart ment will administer supplemental employment in accordance with the following policy:
18.1 SUPPLEMENTAL EMPLOYMENT
a. General
The Sacramento Police Department s hall allow citizens and governmental agencies to contract with the City for addi tional police services. The Chief of Police or designated representative shall determine which events officers will be allowed to work pursuant to this Article. The City, by virtue of this Article, shall not be limited in its use of privat e security. Use of Reserve Officers for Supplemental Employment shall be in accordance with Section 23.13. b. Officer Assignment
(1) Employees assigned will be volunteers. The number and rank of officers assigned will be determined by the Supplemental Employment Unit (SEU).
(2) Sergeants may work in assignm ents designated for Police Officers, however, they will be paid at the rate of time and one-half (1.5) of top step Police Officer with the Adv anced P.O.S.T./Bachelor’s degree incentives.
(3) An employee will receive a minimum of four (4) hours supplemental employment pay for each assignment regardless of actual time worked. (4) Employees who have completed t heir probationary period are eligible to work supplemental assignment s. Probationary employees may become eligible with the approval of their Watch Commander. Officers on sick leave, IOD leave, "light duty", leave of absence, or on suspension shall not be eligible. Employees shall not be eligible to work a supplemental assignment within twelve (12) hours of the end of their assigned shift in which the employee used five (5) or more hours of
57 sick leave for personal illness or injury. Officers, while assigned to jobs under the supplemental employment rate, shall be subject to all rules, orders, and procedures of the Police Department. In no event shall an officer performing supplemental employment work be assigned to a job site where a labor union picket line has been established. (5) Employees may work supplemental employment immediately prior to or following their regular shift. Em ployees may not work more than sixteen (16) consecutive hours of combined regular and supplemental employment without the approval of their supervisor. Employees shall be provided eight (8) hours of rest between shifts.
c. Rate of Pay
The supplemental employment rate for employees who are not “reserves” and/or “retired annuitants” from a CalPERS agency for hours worked under this program will be time and one-half (1.5) times the employee’s regular rate of pay. The cost charged to citizens or agencies will be the supplemental employment rate, plus administrative costs, including, but not limited to, workers' compensation, liability insurance, and clerical costs. d. Procedure
Eligible officers who desire to work supplemental employment will be placed on an eligibility list by submitting a request to SEU. Assignments shall be assigned equitably based on classificati on seniority and num ber of hours of supplemental employment worked. Assignments shall be made in accordance with the procedures outli ned in General Order 253.02 . The Department and Association may change the assignment procedures by mutual agreement. e. City-Sponsored Events
Police Officers may volunteer to wo rk City-sponsored events. All the provisions, including rate of pay and method of assignment of supplemental employment shall apply to City-sponsored events.
ARTICLE 19 – COMMUNITY SERVICE OFFICERS
19.1 COMMUNITY SERVICE O FFICER CLASSIFICATIONS
There shall be four classifications of Community Service Officer series; Community Service Officer I (CSO I), Community Service Officer II (CSO II), Community Service Officer III (CSO III), and Reserve Community Service Officer (RCSO). RCSOs shall not be entitled to leave accruals, medical, dental, or vision coverage, or other supplemental benefits, or retirement benefits except as required by law.
58 19.2 COMMUNITY SERVICE OFFICER I (CSO I)
a. CSO I shall be a limited-term classifica tion for recruiting and training to learn the duties of a Police Officer or Co mmunity Service Of ficer III for the Sacramento Police Department. CSO I shall only be populated by employees prior to and while attending a PO ST Basic Academy or approved CSO academy.
b. The CSO I classification shall have one (1) salary step and the step shall be equal to Step 1of the CSO III classification.
c. Employees who successfully comple te a POST Basic Academy or an approved CSO academy shall be promoted to CSO II and advanced to Step
2. d. When a CSO I is unsuccessful in a POST Basic Academy or CSO academy and the employee is invited to participate in an addi tional academy, the City may elect to release the employee or ex tend the provisions of Civil Service Board Rule 6.9(b)(2), regarding lim ited-term appointments by an additional twelve (12) months.
19.3 COMMUNITY SERVICE OFFICER II (CSO II)
CSO II shall be a limited-term classification to prepare employees for advancement to the Police Officer classification. The CSO II classification shall hav e five (5) salary steps and the steps shall be equal to the CSO III classi fication. Notwithstanding Civil Service Board Rule 6.9(b)(2), a CSO II may serve up to sixty (60) months in the CSO II classification, but no more than thirty-six (36) months after successfully completing a POST Basic Academy.
After completing the maximum time in the cl assification, a CSO II will be advanced to the CSO III classification unless the City exercises its discretion to release the employee from City employment. There shall be a limit of twenty (20) em ployees, who have completed a POST Basic Academy, in the classification of CSO II.
19.4 COMMUNITY SERVICE OFFICER III (CSO III)
CSO III is a career classification and shall have five (5) salary steps. Time spent as a CSO II shall count towards the twelve (12) month probationary period.
19.5 RESERVE COMMUNITY SER VICE OFFICER (RCSO)
a. The classification of Reserve Comm unity Service Officer (RCSO) shall be a non-civil service classification compris ed of non-career, non-benefit, at-will employees. The classification shall be used to recruit and train employees to become police officers. Employees are li mited to sixty (60) months in the classification of RCSO. The classification shall not be used to supplant police officers.
59 b. The RCSO classification shall have one (1) salary step and the step shall be equal to Step 1 of the CSO III classifica tion. RCSOs are not eligible for court overtime. RCSOs shall receive civilian EVOC training, basic safety training, and basic traffic control training before deployment.
c. RCSOs shall work a maximum of 980 hours per fiscal year. Aggregate time for all RCSOs shall not exceed 20,000 hours per calendar year. d. Employees who have been laid off from the former Community Service Officer classification or who are laid off from the CSO III classification are eligible to be hired into the RCSO classification. Laid off employees hired as an RCSO shall be “Y-Rated” at their hourly rate of pay at the time of layoff, including any incentive(s) received, with the except ion of uniform incentive/reimbursement and investigations/detective incentive. These employees shall not have a limit to the number of hours or months they can work in the RCSO classification.
ARTICLE 20 – DRIVER LICENSE, REGIONAL TRANSIT MONTHLY PASS, AND
PARKING
20.1 DRIVER LICENSE REQUIREMENTS
An employee, as a condition of continued em ployment, shall comply with the applicable Federal and State laws and regulations mandating the type of classes of commercial vehicle licenses and endorsements to legally operate City vehicles and related equipment. The City shall, in its discretion, determine the classi fications and identify the class of commercial license and endorsements required for all or some job assignments. The City agrees to meet and confer with the Association prior to implementation of changes in driver license requirements mandated by State or Federal law.
20.2 REGIONAL TRANSIT MONTHLY PASS
a. Sacramento Regional Transit District (SRTD)
Full-time career civilian employees who utilize the Sacramento Regional Transit District (SRTD) for home-to-work transportation are eligible for an eighty percent (80%) price discount on a SRTD monthly pass. Part-time career civilian employees shall be eligible for a fi fty percent (50%) price discount. The employee must notify the Department of Finance, Revenue and Collections Division, on or before the fifth day of the month to obtain the monthly pass discount for that month.
b. Other Bus Transportation
Eligible full-time career civilian employees who r egularly utilize other bus transportation regulated by the Public Utilities Commission (i.e., buses, vanpools, rail) for home-to-work co mmuting are eligible for monthly reimbursement up to eighty percent (80% ) of the cost of the monthly pass.
60 Eligible part-time civilian employees, as described above, shall be eligible for a fifty percent (50%) monthly reimbursement. The employee must present the required proof of purchase to the Department of Finance, Revenue and Collections Division, on or before t he fifth day of the month to obtain reimbursement. The amount of monthly reimbursement shall not exceed one hundred twenty ($120) dollars.
20.3 EMPLOYEE PARKING
Free parking at police substations will be provided to assigned officers when such substations become operational.
20.4 DISCOUNTED PARKING RATE
Discounted parking will be available to employ ees, on a first-come, first-serve basis, for parking spaces allotted to the Police Department by the Department of Public Works in the Memorial Garage, located at 14
th and H Streets, at a discounted rate of thirty percent (30%) off of the full regular monthly Memorial Garage rate. This provision will remain in effect until further notice by the City.
20.5 DOWNTOWN PARKING SUBSIDY
Full-time career employees who are permanent ly assigned to a location in the downtown area and do not already receive free parking shall receive a parking subsidy of ninety ($90.00) dollars per month, to be paid the first two pay che cks of each month. Part-time career employees shall receive sixty ($60.00) dollars per month. The downtown area shall be defined by the following boun daries, the Sacramento River on the West, the American River on the North, Alhambra Boulevard on the East, and Broadway on the South.
ARTICLE 21 – DISCIPLINE
21.1 IN-LIEU DISCIPLINE PROGRAM
By mutual agreement between the Chief of Police or designee and the employee, an employee suspended from duty without pay ma y forfeit accumulated holiday and/or vacation credits equal to the number of hours of suspension in-lieu of such suspension. If the suspension is reduced or reversed at t he conclusion of the appeal process, the City shall reinstate the forfeit ed holiday/vacation credits. An employee who has forfeited accumulated vacation credits may utilize accumulated holiday credit for an approved vacation period. This Section shall not be subject to the Grievance Procedure.
21.2 LETTER OF REPRIMAND
a. A letter of reprimand sha ll not be appealable to the Civil Service Board, except the employee may have an administrativ e review of the reprimand by submitting a request in writing with in seven (7) calendar days to the Director of Human ResourcesManager of Labor Relations . The Director Manager or
61 designee will schedule a pr ivate meeting within seven (7) calendar days of receipt of the written request to hear the employee's response. A final written decision will be rendered by the Director or designee within seven (7) calendar days of the meeting. This Section shall not be subject to the Grievance Procedure.
b. A letter of reprimand will be withdrawn from an employee's official personnel file eighteen (18) months from the date of issue provided there has not been additional formal discipline imposed during the eighteen (18)- month period. If an employee is the subject of additional discipline in the eighteen (18)- month period, the eighteen (18)- month period will restart on the date of the new discipline is imposed.
21.3 APPEALS OF FORMAL DISCIPLINE ABOVE A LETTER OF REPRIMAND Appeals of all formal discipline above letter of reprimand will be heard by a third party neutral arbitrator using one (1) of the two (2) following processes, at the employee’s discretion. On any discipline above an eighty (80) hour suspension, if there is a disagreement between the parties regarding which process to use, the default will be formal arbitration. a. Expedited Arbitration Hearing
(1) A mutually agreed upon ar bitrator will serve a one (1) year term. Either party may request a change in arbitrator by giving sixty (60) calendar days’ notice in writing to the other party. Each party may only request a change of arbitrator once in a one-year period.
(2) The expedited arbitr ations will be held one (1) day a month to resolve cases which have been referred fo r hearing. The hearing will be held at a mutually agreed upon location.
(3) Each party will have two and one hal f (2.5) hours to present its case, including whatever time it take s to reserve for rebuttal. The presentation of evidence will be ma de by submitting a statement of facts stipulated by the parties and/ or the presentatio n of witness and documentary evidence. A court reporter will transcribe the proceedings, but a transcript will only be prepared at the request of either party. After presentation of the evidence, each party will have thirty (30) minutes to make an oral argument before the arbitrator. No briefs will be submitted.
(4) Prior to the decision, the parti es may agree to mediation. At the conclusion of the case presentati on, the arbitrator will announce the decision orally to all parties. The dec ision of the arbitrator shall be reduced to writing in order to be presented as the joint recommendation of the parties and shall be advisory to the Civil Service Board, however
62 the decision of the arbitrator will not be used as precedent in any other case.
b. Formal Arbitration Hearing
(1) The City and the Association agree to a hearing process which utilizes a third party neutral arbitrator . The parties may agree upon the selection of a third party neutral arbi trator. If the parties are unable to agree upon the selection of a third party neutral arbitrator, the arbitrator shall be chosen by striking names fr om a panel provided by the State Mediation and Conciliation Service.
(2) The City and the Association sh all agree upon the parameters of the request to the State Mediation and C onciliation Service for a list of arbitrators.
(3) The arbitrator shall attempt to mediate the appeal if the mediation is jointly requested by the parties.
(4) The decision of the ar bitrator, which shall be presented as the joint recommendation of the parties, shall be advisory to the Civil Service Board.
c. Both the expedited and formal arbitrat ions will be held in accordance with the following:
(1) The hearings will be conducted purs uant to Rule 12.1 through 12.8 of the Rules and Regulations of the Civ il Service Board. The arbitrator may only sustain, modify or deny the discipline that is being appealed. (2) The arbitrator’s decision becom es the jointly recommended proposed decision or the parties may agree to enter into a settlement agreement which adopts the arbitrator’s decision.
(3) The parties will equally share the expenses of the ar bitrator, court reporter, and transcript, if requested.
(4) City employees will not suffer a loss of pay for time spent participating in an arbitration.
21.4 WITHDRAWAL OF APPEAL
The employee may withdraw an appeal of discipline at any time prior to a decision being rendered. An appeal sha ll be deemed withdrawn if the empl oyee fails to respond within thirty (30) calendar days to a written request by the City to schedule a hearing or otherwise participate in the appeal proces s. The written request shall be certified and sent to the employee’s mailing address as shown in the City’s payroll system, copied to the Association and the employee’s counsel of record.
63 21.5 DISCIPLINE AND DOCUMENTED COUNSELING RETENTION
a. Suspensions and pay reductions imposed after June 20, 2009, will be withdrawn from an employee's official personnel file, Police Personnel file, and any other personnel files maintained by the City five (5) years from the date of issue provided there has not been additional formal discipline imposed during the five (5)- year period. If an employee had additional discipline in the five (5)- year period, the removal date will restart.
b. Suspensions and pay reductions that are removed from the employee’s personnel file will be retained in Labor Relations. Should an employee have subsequent discipline, the earlier disciplines may be used for purposes of progressive discipline.
c. A documented counseling shall be main tained in an employee’s Division file for a period of one (1) year at which time the document shall be removed and not be used for purposes of further disci plinary action. Once removed, the documented counseling may not be used to enhance subsequent discipline but may be used to demonstrate that the employee is aware of the issue and/or for impeachment purposes.
21.6 PARK SAFETY RA NGER APPEALS
Park Safety Ranger disciplinary appeals above a letter of reprimand shall be conducted pursuant to Rule 12 of the Rules and Regulati ons of the Civil Servic e Board. The hearing officer may only sustain, modify or deny the discipline that is being appealed.
ARTICLE 22 – RETIREMENT
22.1 CIVILIAN PERS RETIREME NT PLAN AND CONTRIBUTION
a. Miscellaneous employees in the Polic e Department Unit are covered by one of the following PERS plans:
(1) Tier I: Applicable to Employ ees Who Are Not Defined as “New Members” in Government Code Section 7522.04 Referred to as Classic Members
Modified 2% at age 55
One-year highest compensation
2% COLA
25% survivor continuation
50% industrial disability
Military service credit
Sick leave service credit
64 Classic Members shall pay seven percent (7%) of the PERS employee’s contribution and thr ee percent (3%) of the PERS employer’s contribution on a pre-tax basis. Employee contributions to the employer’s portion are credited to each employee’s account. (2) Tier II: Applicable to “New Me mbers” Defined in Government Code Section 7522.04
Modified 2% at age 62
Final compensation calculat ed on 36 consecutive months 2% COLA
25% survivor continuation
50% industrial disability
Military service credit
Sick leave service credit
New employees shall be members in the PERS on terms consistent with the Public Employees’ Pens ion Reform Act (PEPRA). New members shall contribute fifty percent (50%) of the total normal cost of the PERS retirement plan, on a pre-tax basis.
22.2 SWORN PERS RETIREMENT PLAN
a. Police safety employees are cove red by the following PERS plans:
(1) Tier I: SCERS Safety to PERS
Modified 3% at age 50
One-year highest compensation
3% COLA
50% survivor continuation
50% industrial disability
Military service credit
Peace Corps service credit
Sick leave service credit
Classic Safety Members shall pay nine percent (9%) of the PERS employee’s contribution and thr ee percent (3%) of the PERS employer’s contribution on a pre-tax basis. Employee contributions to the employer’s portion are credited to each employee’s account. (2) Tier II: PERS hired on or after 1977 But Not Defined as “New Members” in Government Code Section 7522.04 Referred to as Classic Members Modified 3% at age 50
One-year highest compensation
2% COLA
65 50% survivor continuation
50% industrial disability
Military service credit
Peace Corps service credit
Sick leave service credit
Classic Safety Members shall pay nine percent (9%) of the PERS employee’s contribution and thr ee percent (3%) of the PERS employer’s contribution on a pre-tax basis. Employee contributions to the employer’s portion are credited to each employee’s account. (3) Tier III: Applicable to “New Me mbers” Defined in Government Code Section 7522.04
Modified 2.7% at age 57
Final compensation calculat ed on 36 consecutive months 2% COLA
50% survivor continuation
50% industrial disability
Military service credit
Peace Corps service credit
Sick leave service credit
New employees shall be members in the PERS on terms consistent with the Public Employees’ Pens ion Reform Act (PEPRA). New members shall contribute fifty percent (50%) of the total normal cost of the PERS retirement plan, on a pre-tax basis.
ARTICLE 23 – MISCELLANEOUS
23.1 SAFETY EQUIPMENT
a. The City will issue safety equipment to all sworn personnel and CSOs in accordance with department specifications.
b. The City shall pr ovide employees in the classi fication of Police Officer the following safety equipment and replace or repair such equipment when deemed necessary by the police department:
(1) Handgun and ammunition
(2) Handgun holster
(3) Three (3) handgun magazines and magazine holder
(4) Semi-automatic rifle
(5) Three (3) rifle magazines
(6) Conductive Electrical Device (CED) and holster
(7) Sam Browne Belt and four (4) keepers
66 (8) Key holder
(9) Two (2) pair of Handcuffs and two (2) handcuff cases (10) Radio and radio holder
(11) Riot baton and baton holder
(12) Collapsible Baton and holder
(13) Pepper spray and pepper spray holder
(14) Flashlight (rechargeab le) and flashlight holder
(15) Body armor (Level IIIA)
(16) Ballistic helmet and face shield
(17) Gloves
(18) Gas mask and carrier
c. Employees in the classification of Police Officer, Community Service Officer, and Park Safety Ranger wil l be issued flexible body armor (Level IIIA) as determined by the Department’s A rmorer. Employees may purchase alternative flexible body armor from the approved list and will be required to pay the additional cost. Body armo r shall be replaced prior to the manufacturers expiration or when damaged.
d. Officers must use either the Department -issued holster or an optional holster approved by the Department’s Armorer, purchased at the officer's expense. e. When an officer’s weapon is taken by the Department as a result of an officer- involved shooting, the Department will immediately replace the officer’s weapon with a Department issued w eapon and holster if necessary. The officer will also be qualified with the replacement weapon if the officer’s current qualification does not cover the replacement weapon.
f. The City shall provide employees in the classification of Park Safety Ranger the following equipment and replace or repair such equipment when deemed necessary by the City:
(1) Body armor (Level IIIA)
(2) Tactical load bearing vest cover
(3) Duty Belt and four (4) keepers
(4) Key holder
(5) Two (2) pairs of handcuffs and cases
(6) Collapsible baton and holder
(7) Flashlight (rechargeab le) and flashlight holder
(8) Radio with microphone and ear peace
(9) Cell Phone
(10) Pepper Spray and holder
(11) Pepper ball launcher
(12) Inclement weather jacket
(13) Bump hat
(14) DOT reflective vest
(15) Ballistic helmet and shield
67 (16) One (1) pair waterproof boots annually
(17) Gloves
23.2 LIGHT DUTY POLICY
a. In the event an employee is unable to perform the duties as a result of an injury, the employee shall not be assign ed to "light or limited" duty until authorized to do so by the City physician.
In the event the employee disagrees with the opinion of the City physician to either return the employee to work on a " light or limited" duty basis, or not to return on a "light or limited" duty basis , the employee shall have the right to have an examination by another physician of the employee's choice.
In the event that the two (2) physicians' opinions are in conflict, a third opinion shall be obtained by a physician mutually acceptable to both parties. The third opinion shall be binding.
Costs of all examinations shall be bor ne by the City, only in connection with injuries incurred on the job. In cases where the employee is directed to a City physician, costs of such examination shall be borne by the City. b. When an employee is prescribed ph ysical/occupational therapy for an industrial injury, the therapy shall be pr ovided on release time (IOD) to the extent practicable. It is anticipated that each therapy appointment will take no longer than two (2) hours including travel time and, to the extent feasible, the employee will arrange the therapy appointments at the beginning or end of the shift.
If the therapy cannot be a rranged at the beginning or end of the employee’s shift, the employee may request that the shift be flexed to accommodate therapy. No overtime or time off will be granted for therapy except as provided herein.
23.3 MEDICAL EXAMINATIONS
If the City institutes disab ility retirement without the co nsent and concurrence of the employee or reassigns the empl oyee out of the Police Departm ent, or otherwise acts to terminate, reduce in rank, remove or ot herwise significantly adversely change the employee’s conditions of employment because of medical reasons, such employee shall be granted reasonable time off with pay for a m edical examination by a doctor of the employee's choice at the employee's expense.
68 23.4 INCORPORATION OF PREVIOUS AGREEMENTS
This Agreement sets forth the understanding of the parties to all issues contained herein, and supersedes all other Agreements and supplements.
If, during its term, the parties hereto should mutually agree to modify , amend or alter the provisions of this Agreement in any respect, such change(s) shall be effective only when reduced to writing and execut ed by the authorized repres entative of the City and the Association. Any such changes validly made shall become a part of this Agreement and subject to its terms.
23.5 SAVINGS CLAUSE
If any provision of this Agreement, or the app lication of such provision should be rendered or declared invalid by any decree of a court of competent jurisdiction or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect.
23.6 STRIKES AND LOCKOUTS
For the term of this Agreement, the Association and its mem bers agree that they shall not call or engage in any strike, slowdown, suspension or stoppage of work activity, or sanction any such conduct by Unit employees, and the City agrees that it shall not cause or engage in any lockout.
23.7 PAYROLL ERRORS
a. In the event an error has been made in the payment of an employee's salary, overtime payment or leave accruals, balances or usages, the City shall, for purposes of future compensation, adjus t such compensation to the correct amount, giving written notice to the employee.
b. In the event an employee received an overpayment in wages, reimbursement to the City shall be accomplished by:
(1) Lump sum payment by the employee;
(2) A one-time deduction from usable vacation or holiday credit balances equivalent to the overpayment at the employee's current hourly rate; (3) A repayment schedule through payroll deduction; and/or (4) Other means, as may be mutua lly agreed between the parties.
Employee reimbursements to the City shall be by mutual agreement between the employee and City. No repayment schedule should exceed fifty-two (52) pay periods in duration.
69 c. No action shall be taken to enforce r epayment of an overpayment, or to correct an underpayment, unless action is taken within two (2) years from the ending date of the pay period in which the error is discovered. "Action is taken" as used in this Section shall mean written notice to the employee in the case of an overpayment, or written or oral notice to the Cit y in the case of an underpayment error.
23.8 TUITION REIMBURSEMENT
The City agrees to reimburse career employees for the cost of tuition, books, and fees, excluding parking, up to a maximum of $1,500. 00 per calendar year pursuant to the City’s existing policy for such education reimbursem ent. This provision shall not apply to employees eligible for an educational incentiv e program, except that it may be applied to approved AA and BA course work for civilian employees.
23.9 SAFETY ADVISORY COMMITTEE
a. The City shall continue to provide for the safety of employees during the hours of their employment. In this regard, the City agrees that it will receive and consider written recommendations with respect to unsafe working conditions or other safety ideas in the area of working conditions from any employee or the Association; and the employees and the Association agree that they will direct their safety recommendations and ideas to the City. b. To facilitate this process, a Safety Advisory Committee consisting of three (3) representatives of the Cit y and three (3) representativ es of the Association shall meet every three (3) months as needed to consult on such safety matters. Up to three (3) career Associ ation representatives may attend such meetings without loss of pay or benefits. Either side may request to convene a special meeting of the Committee within ten (10) working days of written notice to the other side.
23.10 TIME OFF FOR EXAMINATIONS
If a request is made by an employee, such em ployee shall be released from duty without loss of compensation while competing in City examinations and interviews. The employee must give the immediate supervisor at leas t three (3) working days' advance notice.
Employees shall not be compen sated for examination and interview time which occurs during non-duty hours.
23.11 EMPLOYEE PERFORMANCE EVALUATIONS
a. The City shall have the right to conduct employee performance appraisals for career and/or non-career employees at the discret ion of the appointing authority.
70 b. Performance evaluations shall be ma intained in the employee’s personnel file to be used for the usual and customary employment purposes including, but not limited to, transfers and salary step increases.
c. An employee in probationary status shall receive performance evaluations, at reasonable intervals, during the probationary period at the discretion of the appointing authority.
d. A career employee who disagrees with a performance evaluation may within ten (10) workdays from the date of the performance evaluation:
(1) write a rebuttal statem ent for attachment to the performance evaluation form; and
(2) informally appeal to the supervisor of the reviewer, and in no case higher than the Department Head.
e. Appeals on employee performance ev aluations are not subject to the grievance procedure.
f. Employees who do not meet standards will be given a documented evaluation and will be coached, trained, and given up to ninety (90) days to improve their work performance. Should they fail to meet standards after this period of informal coaching and development, they may be removed from assignment for up to six (6) months and placed on performance improvement program (PIP). This reassignment is subject to the grievance and arbitration section of this agreement, but this action is not considered disciplinary in nature.
23.12 EQUESTRIAN UNIT
a. With supervisor permission, officers a ssigned to the equestrian unit shall be entitled to take their assigned horse hom e on their days off at no expense to the City except for the normal cost of feed. Time spent caring for the horse on the employee’s hours and/or days off shall be considered as recreation and not compensable time or hours worked.
b. Equestrian Riders will ex ecute the Equestrian Rider Agreement as shown in Exhibit D.
c. The rider assumes liability for all of the normal wear and tear and damage associated with horse ownership to the real and personal property of the rider. d. The rider shall make all reasonable e fforts in the off-duty care, supervision, control and containment of the horse to prevent liability for damage or injury to third parties or the property of third parties by the horse. e. The rider shall not allow any other i ndividual to ride their assigned horse when they have taken the horse home pursuant to this Section.
71 f. The rider will have the right to purchase their assigned horse from the City with a depreciation rate of twenty percent (20%) from the original purchase price per year of service from the date of assignment to the Mounted Unit, with no right to resell, use or donate the horse for any commercial purpose during the five-year depreciation period.
23.13 RESERVES
a. The Reserve program consists of the following:
(1) Reserves may be hired into the following classifications:
(a) Reserve Dispatcher
(b) Reserve Community Service Officer
(c) Reserve Police Officer I/II/III
(d) Reserve Police Sergeant
(2) Retired Annuitants, who are hired as a reserve, will be placed in the retired annuitant classification, but will have a working title for respective each reserve position.
(3) Reserve Officers will normally be hir ed into the Reserve Police Officer classification.
(4)(3) Employees will be hired into the Reserve program based on their qualifications and experience. Senior ity will be the tie breaker among candidates determined by management to be equally qualified. (5)(4) POST Level I employees will be hired into Tier 1Level I, 2II, or 3 III in the Reserve Officer Program. Tier I Reserve Officers must be able to perform the full functions of the Police Officer classification. Candidates who have retired from the Sacram ento Police Depart ment, or from other comparable agencies, as full-time Police Officers, and who have completed both Advanced POST and the Field Training Program, would normally be hired into Tier 1Level I . Candidates who have completed Intermediate POST will normally be hired into Tier 2Level II.
Candidates who have completed Basic POST or Level I equivalent, and who have limited experience and training will normally be hired into Tier 3Level III . Tier 3Level III Reserve Officers will perform limited support duties such as special events, traffic control, prisoner watch, and jail bookings. Tier 3Level III can also be used as a second officer in a patrol car.
(6)(5) POST Level II employees will be hired into the Reserve Officer program to perform limited suppor t duties such as prisoner transport, special
72 events, and traffic control. Post Lev el II Reserve Officers can perform general law enforcement duties when supervised by a peace officer who has completed POST Basic Course and SPD Field Training Program. POST Level II employees carry firearms.
(7)(6) POST Level III employees will be hired into the Reserve Officer program to perform specified limit ed-support duties such as special events and traffic control. POST Le vel III employees can transport prisoners only with POST Level II Of ficers or above. POST Level III employees must have a supervisor in the accessible vicinity.
Departmental policy prohibits the ca rrying of firearms by Level III Officers.
(8)(7) Reserves will be hired as non-caree r, non-benefit qualified, at-will employees.
(9)(8) Reserves will be allowed to work up to a maximum of 960 hours per fiscal year. The City will provide the Association quarterly and annual reports of total hours worked by each Reserve Officer.
(10)(9) Reserve Officers may be assigned to work in assignments other than Patrol, but it is agreed that such assignment will be to address a short-term need, short-term is defi ned as six (6) months or less, and will not replace regular career employees. If more than 5,000 hours of Reserve Officer time is spent in Detectives during a calendar year, the Chief will request two (2) additional full-time Detective positions in the next regular budget.
(11)(10) Reserve Officers may be assigned to work backfill, as necessary. If more than 20,000 hours of Reserve Officer time is used in Patrol or Operational Services in a calendar year, the Chief will request five (5) additional full-time officer positions for Field Services. b. Rate of Pay Treatment
(1) The rate of pay for rR eserve Officers classifications shall be established in the City’s published salary schedule and shallwill be paid an hourly rate as follows:
Classification Advanced
Certificate
Intermediate
Certificate
Basic
Certificate
Reserve Police Sergeant 41.50 n/a n/a
Reserve Police Officer
P.O.S.T. Level I 36.00 32.50 28.00
73 Advanced, Intermediate and Basic Certificates do not apply to Level II or Level III Reserve Officers.
Reserve Police Officer P.O.S.T. Level II 26.00
Reserve Police Officer P.O.S.T. Level III 25.00
Effective December 21, 2019, the following pay schedule shall replace the above pay schedule:
Classification Hourly Rate
Reserve Police Sergeant Police Officer Sergeant Step 5
Reserve Police Officer Level I Police Officer Step 27
Reserve Police Officer Level II 80% of Police Officer Step 1 Reserve Police Officer Level III 75% of Police OfficerCommunity Service Officer III Step 13
Reserve Dispatcher Dispatcher I Step 3
Reserve CSO CSO III Step 1
Reserves shall not be entitled to any incentives provided in this memorandum of understanding. Retired annuitants may not serve in the Reserve Police Officer Level II or III classifications. (2) Overtime hours will be paid consistent with the Fa ir Labor Standards Act.at the rate of time and one-half, and will be for any hours worked in excess of ten (10) hours in a day or forty (40) hours in a workweek. (3) Court overtime will be paid at t he straight-time rate of pay. Court overtime will be paid at the rate of time and one-half if those hours worked are in excess of ten (10) hours in a day or forty (40) hours in a workweek.
c. Supplemental Employment
(1) Reserve Officers will may be given the opportunity to participate in the off-duty supplemental employment program outlined in Article 18.
Selections for First priority in the selection of off-dutysupplemental employment assignments will be made consistent with the Police Department General Orders.go to officers in laid off status, then to career, full-time police officers, then to reserve officers. (1)(2) The use of Reserve Office rs for supplemental employment assignments shall be limited to staffing needs and events which have a significant negative impact on the police department’s ability to meet
74 its operational obligations to the community. These events may include, but are not limited to, supplemental employment contracts which require a very large number of police officers; periods of civil unrest; response to natural and/or manmade disaster; and prisoner watch at a care facility. Additional assignments are permitted at the sole discretion of the Chief of Police, or designee, and are not subject to the grievance procedures in this Agreement.
(2)(3) Reserve Police Sergeants, Rese rve Police Officers, Reserve CSOs, and Reserve Dispatchers who work Ss upplemental employment assignments will be paid at the hourly rate specified in accordance with Article 18section 23.13 b. (1), above.
d. Training/Continuing Education
(1) Reserve Officers who were not previously grandfathered will be required to participate in Physical Agil ity testing, as required of career Police Officers.
(2) Reserve Officers will be required to attend Continuing Professional Training, as determined by Management and required by POST. e. The primary purpose of using Reserve Officers who are not retired annuitants in Patrol is to fill in for vacancies cr eated by career officers who are off work due to sickness, vacation, holiday, training, or job-related injuries. The use of Reserve Officers for these purposes will not count toward minimum staffing levels.
f. MOU Section 4.2(a) (Employee Rights) shall apply to Reserve Officers. g. In the event that a Reserve Officer is released for cause from their non-career employment with the City, he/shethey may have an administrative review of the release by submitting a request in writing, within seven (7) calendar days, to the Labor Relations Manager.
h. The assignment provision of this Se ction may be canceled by either party within a ninety (90) calendar day written notice. In that event, the assignment of Reserve Officers will be limited to such functions as they normally perform.
23.14 RESERVE DISPATCHERS
The City shall have the right to use Reserve Dispatchers to work uncovered shifts and schedules of Dispatcher I/II. Reserve Dispatcher s are not to replace career Dispatcher positions. Reserve Dispatchers shall not be assigned to work radio.
75 23.15 CONTRACTING OUT IN COMMUNICATIONS
a. The City shall not contra ct out for goods and services performed by bargaining unit employees which will result in any career employee being laid off without prior consultation with the Association concerning the impact on the terms and conditions of employment of employees covered by this Agreement. b. Any layoffs resulting from the City's action shall be made pursuant to the layoff provisions of this Agreement.
23.16 DEFERRED COMPENSATION PLAN
Career employees may participate in the Cit y’s Deferred Compensation 457 Plan, to the extent provided by law.
Each participant in the Plan shall contribut e an administrative fee of one dollar and fifty cents ($1.50) per month from their plan balance to the Plan’s administrative allowance account. Funds accumulated by the administrat ive fee will be utilized as prescribed in the Defined Contribution Plans Committee’s Fee and Expense Policy.
23.176 TERM
a. This Agreement shall remain in full force and effect from June 22, 2019February 8, 2022, to and including September 25, 2021March 24, 2023. b. The provisions of this Agreement shall be effective on the effective date stated above except as otherwise specifically provided.
c. The Letters of Understanding at Exhibit E D are hereby incorporated and shall remain in effect during the term of this Agreement.
SIGNATURES ON NEXT PAGE
76 DATED: February 8, 2022
SACRAMENTO POLICE OFFICERS
ASSOCIATION
CITY OF SACRAMENTO
Timothy Davis
President
Shelley Banks-Robinson
Director of Human Resources
Aaron Donato
Labor Relations Manager
Christen Snyder
Labor Relations Officer
APPROVED AS TO FORM:
Brett M. Witter
Assistant City Attorney
EXHIBIT A – CANINE HANDLER AGREEMENT
This agreement sets forth the terms and conditions of em ployment applicable to the canine handler assignment, and in conjunc tion with department orders and the labor agreement, sets forth the rights and responsibilities of that assignment.
Specifically, it is agreed as follows:
1. The City will purchas e and own the canine.
2. The handler will be responsible for the care, maintenance, supervision, and control and training of the assigned dog.
3. The City will compensate t he handler pursuant to the applicable provisions of the Agreement.
4. The City will prov ide a twenty-four ( 24) hour retention vehicle for canine transportation to and from work, and other related police travel.
5. The City will provide and pay for authorized veterinary care of the canine at its discretion. Initial emergency lifesaving care if authorized pending receipt of administrative approval or denial of further treatment. If the City determines that no further care is authorized due to the nature of the injury, the City will, at the discretion of the handler, release all interest in the dog to the handler who shall assume responsibility for all additional veterinary care.
6. The City will provide all necessary equipm ent used for the care and training of the canine.
7. Upon the request of the handler, the City will provide a portable kennel of appropriate size up to and including 12 feet by 12 feet.
8. Except as provided be low, the handler will have t he right to purchase their assigned canine from the City with a depreciation rate of twenty percent (20%) from the original purchase price per year of service.
9. The handler will assume liability for dam age to the real and personal property of the handler for all of the normal wear and tear and damage associated with dog ownership.
10. The handler shall make all reasonable e fforts in the off-duty care, supervision, control and containment of the canine to prevent liability for damage or injury to third parties or the property of third parties by the canine.
11. This agreement shall be subject to th e provisions of the grievance procedure in Article 4 of the Agreement between the City and the SPOA.
Dated:
AGREED TO: AGREED TO:
______________________________ _________________ ________________ Sacramento Police Department Canine Handler
EXHIBIT B – REPAIR OR REPLACEMENT FOR DAMAGED PERSONAL PROPERTY
1. POLICY
a. Employees will be reimbursed for the loss, repair or replacement of personal property damaged in the course of employment while performing their assigned duties.
b. The City shall either repair or replac e damaged or lost items. The choice to either replace or repair damaged or lost items shall rest with the City. The City may return the replaced property to the employee if the City so desires. c. The intent of the policy is to permit reimbursement for the repair or replacement of such items as eyeglasses, hearing aids, dentures, watches, personal professional equipment or articles of clothi ng if necessarily worn or carried by the employee in t he course of their employment.
Reimbursement shall be authorized only when the damage is caused by circumstances which arise out of employment, and not from ordinary wear and tear or damage. This policy extends to both field and office personnel.
2. EXCLUSIONS: This Policy shall not apply to:
a. The employee's personal computer, laptop computer, or cellular phone which are used or carried in the course of the job.
b. Losses of precious or semi-precious stones, or losses to pieces of personal jewelry.
c. Losses to any automobile, vehicles, trailer, motorcycle or any equipment thereto, except in the course of employment and/or performance of assigned duties when property authorized.
d. Losses of money.
e. Losses resulting from acts of negligen ce or deliberate destructive acts on the part of the employee.
f. Losses resulting from ordinary wear and tear incidental to normal use and employment.
g. Any item which is mutually agreed to in writing between the City and the Association.
3. MISREPRESENTATION
The provisions of this policy shall not apply if it appears t hat the employee has concealed or intentionally misr epresented any material fact or circumstance concerning the subject of the loss, their interests therein, or in the case of any fraud or false statements by the employee relating thereto.
4. VALUATION
Upon acceptance of a claim, the City s hall not be liable beyond the actual cash value of the employee's property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value with proper deduction for depreciation, however caused, and shall in no event exceed what it would then cost to repair or replace the same with material of like kind or quality.
Deduction for depreciation will be calculated at the rate of ten percent (10%) per year from date of purchase of damaged item.
5. RECOVERY
If in the event of any loss or damage, the employee shall acquire any right of action against any individual, firm or corporation for loss or damage to property covered by this policy, the employee assigns and transfers to the City, at the City's option, all such rights of action to the extent of the amount paid, and will permit su it to be brought in the employee's name under the direction of and at the expense of the City.
6. LIABILITY LIMITS
Notwithstanding any of the above, any individual employee shall recover no more than $200 in any calendar year as a result of this policy. Items of theft, or mysterious disappearance, shall be reported to the Police Department prior to the preparation of any loss claim.
EXHIBIT C – EQUESTRIAN RIDER AGREEMENT
This agreement sets forth the terms and conditions of employment applicable to the Equestrian Rider assignment, and in conj unction with department orders and the labor agreement, sets forth the rights and responsibilities of that assignment.
Specifically, it is agreed as follows:
1. The City will purc hase and own the horse.
2. The rider will be responsible for the ca re, maintenance, super vision, control and training of the assigned horse. Time spent caring for the horse on the employee’s hours and/or days off shall be considered as recreation, and not compensable time or hours worked.
3. The City will compensate the rider pursuant to the applicable provisions of the Agreement.
4. The City will provide and pay for authorized veterinary care of the horse at its discretion. Initial emergency lifesaving care if authorized pending receipt of administrative approval or denial of further treatment. If the City determines that no further care is authorized due to the natur e of the injury, t he City will, at the discretion of the rider, release all interest in the horse to the rider who shall assume responsibility for all additional veterinary care.
5. The City will provide all necessary equipm ent used for the care, maintenance, and training of the horse.
6. The rider will have the right to purchas e their assigned horse from the City with a depreciation rate of twenty percent (20%) from the original purchase price per year of service from the date of assignment to the Equestrian Unit, with no right to resell, use or donate the horse for any comme rcial purpose during the five-year depreciation period.
7. The rider will assume liability for damage to the real and pers onal property of the rider for all of the normal wear and tear and damage asso ciated with horse ownership.
8. The rider shall make all reasonable effort s in the off-duty care, supervision, control and containment of the horse to prevent liability for damage or injury to third parties or the property of third parties by the horse.
9. This agreement shall be subject to the provisions of the grievance procedure in Article 4 of the Agreement between the City and the Association.
Dated:
A G R E E D T O : A G R E E D T O :
______________________________ __________ _______________________ Sacramento Police Department Equestrian Rider
EXHIBIT D – CONTINUING LETTERS OF UNDERSTANDING (LOUs)
Sched/SalPlan Minimum/Maximum
Salary Schedule/Classification Listing -
Step 15Step 14Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Redline Report
2/8/2022Effective Date:
Community Service Officer I | 002037 | SPOA
25.485897 25.485897POAM 25.485897A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
26.377904 26.377904POAM 26.377904A
Community Service Officer II | 002038 | SPOA
25.485897 30.978268POAM 25.485897 26.760192 28.098202 29.503112 30.978268A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
26.377904 32.062507POAM 26.377904 27.696799 29.081639 30.535721 32.062507A Community Service Officer III | 002036 | SPOA
25.485897 30.978268POAM 25.485897 26.760192 28.098202 29.503112 30.978268A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
26.377904 32.062507POAM 26.377904 27.696799 29.081639 30.535721 32.062507A Dispatcher I | 002049 | SPOA
25.010332 30.400215POAM 25.010332 26.260849 27.573891 28.952586 30.400215A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
26.385900 32.072227POAM 26.385900 27.705195 29.090455 30.544978 32.072227A Dispatcher II | 002050 | SPOA
30.582040 37.172661POAM 30.582040 32.111142 33.716699 35.402534 37.172661A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
32.264051 39.217157POAM 32.264051 33.877254 35.571117 37.349673 39.217157A Dispatcher III | 002051 | SPOA
35.780987 43.492013POAM 35.780987 37.570036 39.448538 41.420965 43.492013A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
37.748942 45.884074POAM 37.748942 39.636389 41.618208 43.699118 45.884074A Park Safety Ranger | 002061 | SPOA
25.266070 35.551898POAM 25.266070 26.529373 27.855842 29.248634 30.711066 32.246619 33.858950 35.551898A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
27.395638 38.548415POAM 27.395638 28.765420 30.203691 31.713876 33.299570 34.964549 36.712776 38.548415A Park Safety Ranger Assistant | 002060 | SPOA
24.062924 33.858951POAM 24.062924 25.266070 26.529374 27.855843 29.248635 30.711067 32.246620 33.858951A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
24.905126 35.044014POAM 24.905126 26.150382 27.457901 28.830796 30.272336 31.785953 33.375251 35.044014A Park Safety Ranger Supervisor | 002062 | SPOA
27.792677 39.107088POAM 27.792677 29.182311 30.641427 32.173498 33.782173 35.471282 37.244846 39.107088A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
31.504984 44.330677POAM 31.504984 33.080233 34.734245 36.470957 38.294505 40.209230 42.219692 44.330677A
11:24:13 AM
Sched/SalPlan Minimum/Maximum
Salary Schedule/Classification Listing -
Step 15Step 14Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Redline Report
2/8/2022Effective Date:
Police Officer | 002027 | SPOA
35.869193 48.068150SPOA 35.869193 37.662653 39.545786 41.523075 43.599229 45.779190 48.068150A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
37.124616 49.750535SPOA 37.124616 38.980847 40.929889 42.976383 45.125202 47.381462 49.750535A Police Sergeant | 002015 | SPOA
47.850402 58.162462SPOA 47.850402 50.242922 52.755068 55.392821 58.162462A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
49.525166 60.198148SPOA 49.525166 52.001424 54.601495 57.331570 60.198148A Reserve Community Service Off | 009128 | TEMP
25.485897 25.485897TEMP 25.485897A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
26.377904 26.377904TEMP 26.377904A
Reserve Dispatcher | 009115 | TEMP
27.573891 27.573891TEMP 27.573891A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
29.090455 29.090455TEMP 29.090455A
Reserve Police Officer I | 009006 | TEMP
48.068150 48.068150TEMP 48.068150 48.068150 48.068150A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
49.750535 49.750535TEMP 49.750535 49.750535 49.750535A
Reserve Police Officer II | 009004 | TEMP
35.869193 35.869193TEMP 35.869193A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
37.124616 37.124616TEMP 37.124616A
Reserve Police Officer III | 009002 | TEMP
28.098202 28.098202TEMP 28.098202A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
29.081639 29.081639TEMP 29.081639A
Reserve Police Sergeant | 009020 | TEMP
58.162462 58.162462TEMP 58.162462A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
60.198148 60.198148TEMP 60.198148A
Security Officer | 009117 | TEMP
24.785400 24.785400TEMP 24.785400A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
25.652889 25.652889TEMP 25.652889A
11:24:13 AM
Sched/SalPlan Minimum/Maximum
Salary Schedule/Classification Listing -
Step 15Step 14Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Redline Report
2/8/2022Effective Date:
Telecommunications Engineer I | 011023 | WCOE
37.367011 52.579136WCOE 37.367011 39.235362 41.197130 43.256986 45.419835 47.690827 50.075368 52.579136A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
39.235362 55.208093WCOE 39.235362 41.197130 43.256986 45.419835 47.690827 50.075368 52.579136 55.208093A
37.211685 52.579136WCEB 37.211685 38.141977 39.095526 40.072914 41.074737 42.101605 43.154145 44.232999 45.338824 46.472295 47.634102 48.824955 50.045579 51.296718 52.579136B---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
39.072269 55.208093WCEB 39.072269 40.049076 41.050303 42.076561 43.128475 44.206687 45.311854 46.444650 47.605766 48.795910 50.015808 51.266203 52.547858 53.861554 55.208093B Telecommunications Engn II | 011025 | WCOE
40.838961 57.464520WCOE 40.838961 42.880909 45.024954 47.276202 49.640012 52.122013 54.728114 57.464520A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
42.880909 60.337746WCOE 42.880909 45.024954 47.276202 49.640012 52.122013 54.728114 57.464520 60.337746A
40.669203 57.464520WCEB 40.669203 41.685933 42.728081 43.796283 44.891190 46.013470 47.163807 48.342902 49.551475 50.790262 52.060019 53.361519 54.695557 56.062946 57.464520B---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
42.702664 60.337746WCEB 42.702664 43.770231 44.864487 45.986099 47.135751 48.314145 49.521999 50.760049 52.029050 53.329776 54.663020 56.029596 57.430336 58.866094 60.337746B Telecommunications Engn III | 011026 | WCOE
42.880811 60.337610WCOE 42.880811 45.024852 47.276095 49.639900 52.121895 54.727990 57.464390 60.337610A---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
46.311278 65.164619WCOE 46.311278 48.626842 51.058184 53.611093 56.291648 59.106230 62.061542 65.164619A
42.702569 60.337610WCEB 42.702569 43.770133 44.864386 45.985996 47.135646 48.314037 49.521888 50.759935 52.028933 53.329656 54.662897 56.029469 57.430206 58.865961 60.337610B---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
46.118773 65.164619WCEB 46.118773 47.271742 48.453536 49.664874 50.906496 52.179158 53.483637 54.820728 56.191246 57.596027 59.035928 60.511826 62.024622 63.575238 65.164619B
11:24:13 AM
Description %/$/Hrs FTE
FY2021/22
(6 months)
FY2022/23
(9 months)
FY2022/23
(12 months)
12/18/21 - Salary Adjustment 3.50% 873.00 2,047,952 3,877,461 5,204,257 12/18/21 Additional OT Cost (based on 3 yr avg actuals) 3.50% 873.00 264,025 396,038 528,050 Paid City Leave Hours (allotted in 2022 & 2023) 35 hrs 873.00 1,689,127 1,689,127 1,689,127 Dispatcher Series Equity Adjustment 2.00% 90.00 91,370 156,046 208,062 Health Contribution Increase (effective Feb 2022) 873.00 45,373 81,672 108,895 Benchmark Park Ranger Series 11.00 33,584 50,376 67,168 4,171,431 6,250,720 7,805,559
Impact of City Proposal Fiscal Year Sworn Rate Misc Rate 15 Month Contract Cost 10,422,151$ 21/22 53.030% 23.930% 22/23 54.330% 25.430%
Ongoing cost in FY2022/23 (excludes Paid City Leave hrs) 6,116,432$ 23/24 55.400% 26.200% 24/25 56.500% 26.800%
25/26 56.300% 25.600%
26/27 56.400% 25.700%
27/28 55.900% 25.500%
SPOA (Contract Term 12/18/21 - 3/24/23)
Cost / (Savings) for General Funds
PERS Rates
Adopted by the Sacramento City Council
February 8, 2022
Approving the Memorandum of Understanding between the
City of Sacramento and the Sacramento Police Officers
Association, the Letter of Understanding between the City of Sacramento and the Western Council of Engineers, and the Citywide Salary Schedule
BACKGROUND
A. The 2019-2021 labor agreement between the City of Sacramento and the Sacramento Police Officers Association (SPOA) expired on September 25, 2021. The City entered into successor negotiations with SPOA which represents employees in the Police Department Unit (Representation Unit 02). The negotiations resulted in a Memorandum of Understanding (MOU) expiring on March 24, 2023. The City has been informed by Tim Davis, President of SPOA, that ratification meetings were held, and that SPOA Unit members successfully ratified the terms of the MOU.
B. The City of Sacramento and the Western Council of Engineers (WCE) met and conferred regarding equity adjustments for the Telecommunications Engineer classifications to address significant recruitment and retention issues in that classification series. The negotiations resulted in a Letter of Understanding (LOU).
C. The California Code of Regulations requires that the City Council adopt the City’s salary schedules at a public meeting (2 CCR § 570.5). This obligation arises whenever salary ranges are changed.
D. These publicly adopted rates are used by California Public Employees’ Retirement System (CalPERS) to determine the appropriate compensation earnable for each City employee when calculating their pension benefit.
E. The salary schedules attached to this Resolution as Exhibit C are posted to ensure that salary ranges are transparent and publicly available.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The MOU with SPOA attached to this Resolution as Exhibit A is approved.
Section 2. The LOU with WCE attached to this Resolution as Exhibit B is approved.
Section 3. The salary schedule attached to this Resolution as Exhibit C is adopted.
Section 4. The City Manager is authorized to make minor changes or adjustments to Exhibits A through C to correct omissions and errors.
Section 5. Exhibits A through C are part of this resolution.
Section 6. The City Manager is authorized to amend the FY2022/23 Approved Budget as necessary to implement the terms of the agreements.
Table of Contents
Exhibit A – SPOA MOU
Exhibit B – WCE LOU
Exhibit C – Salary Schedule
and
Labor Agreement
Covering Employees
in the Police Department Unit
2022-2023
i
TABLE OF CONTENTS
Section Page
PREAMBLE ...................................................................................................................................... 1 ARTICLE 1 – RECOGNITION .......................................................................................................... 1
1.1 RECOGNITION ........................................................................................................................... 1 ARTICLE 2 – NON-DISCRIMINATION ............................................................................................. 1
2.1 NON-DISCRIMINATION.............................................................................................................. 1 ARTICLE 3 – CITY RIGHTS ............................................................................................................. 1
3.1 CITY RIGHTS .............................................................................................................................. 1 ARTICLE 4 –ASSOCIATION RIGHTS .............................................................................................. 2
4.1 PAYROLL DEDUCTIONS ........................................................................................................... 2
4.2 EMPLOYEE RIGHTS .................................................................................................................. 3
4.3 RELEASE TIME .......................................................................................................................... 5
4.4 ACCESS TO NEW EMPLOYEES ............................................................................................... 6 ARTICLE 5 – GRIEVANCE PROCEDURE ....................................................................................... 6
5.1 PURPOSE ................................................................................................................................... 6
5.2 DEFINITIONS .............................................................................................................................. 6
5.3 STEP ONE .................................................................................................................................. 7
5.4 STEP TWO .................................................................................................................................. 7
5.5 STEP THREE .............................................................................................................................. 8
5.6 ARBITRATION ............................................................................................................................ 8
5.7 TIME LIMITS ............................................................................................................................... 9
5.8 WITNESSES ............................................................................................................................... 9 ARTICLE 6 – SALARY ADJUSTMENTS .......................................................................................... 9
6.1 SALARY RANGES ...................................................................................................................... 9
6.2 SALARIES ................................................................................................................................. 10
6.3 EQUITY ADJUSTMENTS ......................................................................................................... 10 ARTICLE 7 – SALARY ADMINISTRATION .................................................................................... 10
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE ............................................................. 10
7.2 ADVANCEMENT IN RATE OF COMPENSATION ................................................................... 10
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION .......................... 12
7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION ................................. 13
7.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE ......................................... 13
7.6 RATES HIGHER THAN THE TOP STEP (Y-RATE) ................................................................. 13
7.7 LONGEVITY PAY (CONTRACT) .............................................................................................. 13
7.8 LONGEVITY PAY (CITY CHARTER) ........................................................................................ 13 ARTICLE 8 – HEALTH AND WELFARE ......................................................................................... 14
8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES ......................... 14
8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES ................................................................ 14
8.3 AMOUNT OF CONTRIBUTION FOR EMPLOYEES ENROLLED IN A CITY-SPONSORED HEALTH PLAN ......................................................................................................................... 15
8.4 COVERED DEPENDENTS ....................................................................................................... 16
8.5 LIFE INSURANCE ..................................................................................................................... 17
ii
8.6 FLEXIBLE SPENDING ACCOUNTS ......................................................................................... 17
8.7 RETIREE HEALTH SAVINGS ACCOUNT ................................................................................ 18
8.8 RETIREES OR SURVIVOR DEPENDENTS ............................................................................. 18 ARTICLE 9 – HOURS OF WORK ................................................................................................... 21
9.1 HOURS OF WORK ................................................................................................................... 21
9.2 4/10 WORK SCHEDULE ........................................................................................................... 21
9.3 DISPATCHER REST PERIODS ............................................................................................... 22
9.4 COMMUNITY SERVICE OFFICER LUNCH PERIOD .............................................................. 22
9.5 PARK RANGER HOURS OF WORK ........................................................................................ 22
9.6 FLEXIBLE HOURS .................................................................................................................... 22
9.7 FURLOUGH/REDUCED WORKWEEK ..................................................................................... 23
9.8 PART-TIME OPTION FOR EMPLOYEES ................................................................................ 23 ARTICLE 10 – OVERTIME ............................................................................................................. 25
10.1 OVERTIME ................................................................................................................................ 25
10.2 COMPENSATORY TIME OFF (CTO) ....................................................................................... 25
10.3 COURT OVERTIME .................................................................................................................. 26
10.4 TELEPHONE STANDBY TIME ................................................................................................. 27
10.5 TELEPHONE OVERTIME ......................................................................................................... 27
10.6 CANCELLATION OF APPEARANCES ..................................................................................... 28
10.7 MINIMUM SHIFT/CALL-BACK .................................................................................................. 28
10.8 SHIFT CHANGE NOTICE ......................................................................................................... 29 ARTICLE 11 – SPECIAL ALLOWANCES ....................................................................................... 29
11.1 UNIFORMS ............................................................................................................................... 29
11.2 ON-CALL ................................................................................................................................... 30
11.3 SWORN OUT-OF-CLASSIFICATION PAY ............................................................................... 30
11.4 DISPATCHER OUT-OF-CLASSIFICATION PAY ..................................................................... 30
11.5 PARK RANGER OUT-OF-CLASSIFICATION PAY .................................................................. 31
11.6 DETECTIVE PAY ...................................................................................................................... 32
11.7 TRAINING OFFICER PAY ........................................................................................................ 32
11.8 CANINE OFFICER COMPENSATION ...................................................................................... 33
11.9 DISPATCHER NIGHT-SHIFT PREMIUM PAY ......................................................................... 33
11.10 BILINGUAL PAY ........................................................................................................................ 34
11.11 CITY RESIDENCY INCENTIVE ................................................................................................ 34 ARTICLE 12 – EDUCATIONAL AND P.O.S.T. INCENTIVES ........................................................ 34
12.1 EDUCATIONAL AND P.O.S.T. INCENTIVES ........................................................................... 34 ARTICLE 13 – PHYSICAL FITNESS .............................................................................................. 35
13.1 PHYSICAL FITNESS PROGRAM ............................................................................................. 35
13.2 ON-DUTY WORKOUT TIME ..................................................................................................... 35 ARTICLE 14 – LEAVES .................................................................................................................. 36
14.1 HOLIDAY PAY ........................................................................................................................... 36
14.2 SICK LEAVE .............................................................................................................................. 36
14.3 VACATION ADMINISTRATION ................................................................................................ 37
14.4 PREGNANCY DISABILITY LEAVE ........................................................................................... 38
14.5 CATASTROPHIC LEAVE PLAN ............................................................................................... 39
14.6 COURT LEAVE ......................................................................................................................... 40
14.7 PERSONAL LEAVE .................................................................................................................. 41
14.8 BEREAVEMENT ....................................................................................................................... 41
14.9 BENEFITS FOR LATERAL HIRE EMPLOYEES ...................................................................... 41
14.10 BENEFITS FOR REHIRE OF EMPLOYEES ............................................................................ 42
14.11 PAID CITY LEAVE .................................................................................................................... 43
iii
ARTICLE 15 – SENIORITY ............................................................................................................ 44
15.1 CLASSIFICATION SENIORITY DEFINED ................................................................................ 44
15.2 SENIORITY APPLICATION ...................................................................................................... 44 ARTICLE 16 –TRANSFERS AND ASSIGNMENTS ....................................................................... 45
16.1 TRANSFER POLICY ................................................................................................................. 45
16.2 ANNUAL SIGN-UPS .................................................................................................................. 45
16.3 FILLING VACANCIES IN PATROL AND COMMUNICATIONS ................................................ 47
16.4 FILLING VACANCIES OUTSIDE OF PATROL AND COMMUNICATIONS ............................. 48
16.5 ROTATION IN OFFICE OF INVESTIGATIONS AND SPECIALTY UNITS .............................. 49 ARTICLE 17 – LAYOFF .................................................................................................................. 49
17.1 PURPOSE ................................................................................................................................. 49
17.2 DEFINITIONS ............................................................................................................................ 50
17.3 PROCEDURE ............................................................................................................................ 51
17.4 FRINGE BENEFITS .................................................................................................................. 52
17.5 RECALL ..................................................................................................................................... 52
17.6 POLICE-RELATED SUPPLEMENTAL EMPLOYMENT ........................................................... 53 ARTICLE 18 – POLICE-RELATED SUPPLEMENTAL EMPLOYMENT ......................................... 53
18.1 SUPPLEMENTAL EMPLOYMENT ........................................................................................... 53 ARTICLE 19 – COMMUNITY SERVICE OFFICERS ...................................................................... 55
19.1 COMMUNITY SERVICE OFFICER CLASSIFICATIONS ......................................................... 55
19.2 COMMUNITY SERVICE OFFICER I (CSO I) ........................................................................... 55
19.3 COMMUNITY SERVICE OFFICER II (CSO II) ......................................................................... 55
19.4 COMMUNITY SERVICE OFFICER III (CSO III) ....................................................................... 55
19.5 RESERVE COMMUNITY SERVICE OFFICER (RCSO) .......................................................... 56 ARTICLE 20 – DRIVER LICENSE, REGIONAL TRANSIT MONTHLY PASS, AND PARKING ..... 56
20.1 DRIVER LICENSE REQUIREMENTS ...................................................................................... 56
20.2 REGIONAL TRANSIT MONTHLY PASS .................................................................................. 56
20.3 EMPLOYEE PARKING .............................................................................................................. 57
20.4 DISCOUNTED PARKING RATE ............................................................................................... 57
20.5 DOWNTOWN PARKING SUBSIDY .......................................................................................... 57 ARTICLE 21 – DISCIPLINE ............................................................................................................ 57
21.1 IN-LIEU DISCIPLINE PROGRAM ............................................................................................. 57
21.2 LETTER OF REPRIMAND ........................................................................................................ 58
21.3 APPEALS OF FORMAL DISCIPLINE ABOVE A LETTER OF REPRIMAND .......................... 58
21.4 WITHDRAWAL OF APPEAL ..................................................................................................... 60
21.5 DISCIPLINE AND DOCUMENTED COUNSELING RETENTION ............................................ 60
21.6 PARK SAFETY RANGER APPEALS ........................................................................................ 60 ARTICLE 22 – RETIREMENT ........................................................................................................ 60
22.1 CIVILIAN PERS RETIREMENT PLAN AND CONTRIBUTION ................................................. 60
22.2 SWORN PERS RETIREMENT PLAN ....................................................................................... 61 ARTICLE 23 – MISCELLANEOUS ................................................................................................. 63
23.1 SAFETY EQUIPMENT .............................................................................................................. 63
23.2 LIGHT DUTY POLICY ............................................................................................................... 64
23.3 MEDICAL EXAMINATIONS ...................................................................................................... 65
23.4 INCORPORATION OF PREVIOUS AGREEMENTS ................................................................ 65
23.5 SAVINGS CLAUSE ................................................................................................................... 65
23.6 STRIKES AND LOCKOUTS ...................................................................................................... 65
23.7 PAYROLL ERRORS .................................................................................................................. 65
iv
23.8 TUITION REIMBURSEMENT ................................................................................................... 66
23.9 SAFETY ADVISORY COMMITTEE .......................................................................................... 66
23.10 TIME OFF FOR EXAMINATIONS ............................................................................................. 67
23.11 EMPLOYEE PERFORMANCE EVALUATIONS ....................................................................... 67
23.12 EQUESTRIAN UNIT .................................................................................................................. 67
23.13 RESERVES ............................................................................................................................... 68
23.14 RESERVE DISPATCHERS ....................................................................................................... 71
23.15 CONTRACTING OUT IN COMMUNICATIONS ........................................................................ 71
23.16 DEFERRED COMPENSATION PLAN ...................................................................................... 72
23.17 TERM......................................................................................................................................... 72 EXHIBIT A – CANINE HANDLER AGREEMENT ........................................................................... 74 EXHIBIT B – REPAIR OR REPLACEMENT FOR DAMAGED PERSONAL PROPERTY .............. 76 EXHIBIT C – EQUESTRIAN RIDER AGREEMENT ....................................................................... 78 EXHIBIT D – CONTINUING LETTERS OF UNDERSTANDING (LOUs) ....................................... 80
1 PREAMBLE
This AGREEMENT, hereinafter referred to as the Agreement, entered into by the CITY OF SACRAMENTO, hereinafter referred to as the City, and SACRAMENTO POLICE OFFICERS ASSOCIATION, hereinafter referred to as the ASSOCIATION, has as its purpose the promotion of harmonious labor relations between the City and the Association, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.
ARTICLE 1 – RECOGNITION
1.1 RECOGNITION
The City recognizes the Association as the sole and exclusive recognized employee organization for employees in the classification of Police Sergeant, Police Officer, Community Service Officer III/II/I, Dispatcher III/II/I, Park Safety Ranger Supervisor, Park Safety Ranger, Park Safety Ranger Assistant, Reserve Police Sergeant, Reserve Police Officer, Reserve Dispatcher, Reserve Community Service Officer , and Security Officer in the Police Department Unit. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the scope of representation pertaining to the said employees as provided under the City's Employer -Employee Relations Policy and authorized by law.
ARTICLE 2 – NON-DISCRIMINATION
2.1 NON-DISCRIMINATION
The City and Association agree not to discriminate against any employee for Association activity, race, creed, color, religion, national origin, sex, age, political affiliation or physical handicap.
ARTICLE 3 – CITY RIGHTS
3.1 CITY RIGHTS
The City retains the exclusive right, among others, in accordance with and subject to applicable laws, civil service and other regulations, and the provisions of this Agreement, (a) to direct employees of the Police Department; (b) to hire, promote, transfer and assign employees in positions within the Department consistent with applicable classification specifications; (c) to dismiss employees because of lack of work or for other reasonable cause; (d) to reprimand, demote, suspend or discharge employees for proper cause; (e) to determine the mission of the Department, its budget, its organization, the number of
2 employees, and the methods and technology of performing its work; and (f) to take whatever action may be appropriate to carry out its mission in situations of emergency.
ARTICLE 4 –ASSOCIATION RIGHTS
4.1 PAYROLL DEDUCTIONS
a. In addition to continuing existing payroll deductions under plans to which the City now is or shall hereafter be a contracting party, the City agrees to establish payroll deductions for members of the Association for: (1) the normal and regular monthly Association membership dues; and (2) monthly insurance premiums for plans sponsored by the City or the Association, not to exceed three (3) insurance deductions per member, including other Association- sponsored programs.
b. All the above payroll deductions shall be subject to the following conditions:
(1) Such deductions shall be made pursuant to the ter ms and conditions set forth in this Agreement using the Association’s Member Enrollment Form (hereafter, “Member Enrollment Form”) agreed to by the City and Association. The member enrollment form shall include:
• Employee full name;
• Employee date of birth;
• Employee eCAPS ID number or the last four numbers of their Social Security number;
• Amount or percentage to be deducted from employee’s bi - weekly paycheck for membership dues;
• Additional deductions (e.g., life insurance); and
• Any additional necessary information.
Any future changes or modifications to the member enrollment form shall be agreed upon between the City and the Association. (2) Such deductions shall be made only upon submission of the member enrollment form, by the Association, to the Payroll Division, Department of Finance.
(3) Dues deductions shall occur over twenty -four (24) pay periods per year, which shall be the first two (2) pay periods each month.
3 (4) The Association is responsible for submitting the member enrollment form to the Payroll Division, Department of Finance, any changes in the amounts to be payroll deducted from the paychecks of employees who have so authorized.
(5) When Changes in the rates affect large groups of the Association’s members, the Association may, in place of the agreed upon mem ber enrollment form, notify the Payroll Division, Department of Finance, by email, clearly defining the group of Association members affected and the new rate.
(6) Unless notified in writing by the Association of an e mployee’s request to cancel their association dues deduction(s), the City will continue to deduct dues, and/or any additional deduction(s) noted. Notification will be made to the Payroll Division, Department of Finance, utilizing the member enrollment form notating in the “Additional Information” column that it is a membership cancellation.
In the event that an A ssociation member is no longer employed in a classification covered under this A greement, but remains an active employee of the C ity, the City may cancel their association dues deduction(s) without notification from the Association. (7) Upon written notification by the Association, the City shall enroll new members and/or cancel existing membership as soon as practicable, not to exceed a period of thirty (30) calendar days after notification. (8) The Association shall maintain signed authorization forms by their members certifying that the dues and/or fee(s) deduction(s) are authorized and shall provide said authorization forms to the City in the event of a dispute regarding the existence or terms of such authorization.
c. The Association will promptly refund to the City any amounts paid to the Association in error under this Section. The Association expressly agrees to indemnify and hold the City harmless from any and all claims, demands, cost (including any costs incurred by the City in defense of a lawsuit), expenses , damages or other monetary losses arising out of or in any way connected with any action or inaction of the City in the adoption or administration of this Section. This hold harmless and indemnity agreement shall include, but not be limited to, employee legal actions of any sort or nature against the City based upon or related to this Section.
4.2 EMPLOYEE RIGHTS
The following paragraphs state employees' rights which shall be part of the Internal Affairs (IA) investigation process:
4 a. When an employee is notified that the employee shall be subject to an IA interview, the employee shall be informed whether they are a witness or a principal. The Association shall be notified when an employee is subject to an IA interview or witness interview. The employee shall normally be notified of the nature of the investigation no later than the day before the interview. The employee, whether called as a witness or principal, shall be afforded the opportunity, at the employee’s request, to obtain an attorney/representative and have them present during the interview. If alleged misconduct could result in a criminal prosecution, the employee shall be afforded the opportunity to contact an attorney and have them present during the criminal interrogation.
To the extent possible, employee investigative interviews shall be conducted at a time that is consistent with the employee's work schedule. Except for emergency situations, every effort shall be made to schedule employee investigative interviews during the employee's normal work hours, or during the normal daytime hours of operation for Internal Affairs Division (IAD).
Employee interviews are to be conducted consistent with rights and privileges secured under the Constitution of the United States. Except for emergency situations, employee investigative interviews shall be performed at the Sacramento Police Department.
The length of employee investigative interviews shall be of a reasonable duration. Furthermore, the employee shall be entitled to a reasonable number of break periods for the purposes of personal hygiene, telephone calls and meals.
b. After IAD has received a complaint against an employee, such employee shall be advised of their rights, per California Government Code Section 3300 et seq. (Public Safety Officers Procedural Bill of Rights), prior to any statement or interview being taken pertaining to such investigation. c. No employee shall have any comment adverse to their interest entered in the employee’s City or departmental personnel file without the employee having first read and signed the instrument containing the adverse comment indicating they are aware that such comment is being placed in the employee’s personnel file. Concurrence or an admission of guilt of the employee is not to be implied from the signing of the document by the employee. The employee shall have the right to have a rebuttal placed in their personnel file for any adverse comment placed in their personnel fi le within thirty (30) days of receiving the original. The employee’s rebuttal shall be removed once the adverse comment, for which the rebuttal was written, is removed.
d. In no event shall an employee be brought to IA D, for questioning, or be required to answer allegations regarding minor complaints received anonymously without independent corroborating information.
5 e. Documented counseling, or other related adverse documented comments entered in the employee's file, shall be removed and destroyed from their file after one year from the date of documentation.
f. When the City receives a Public Records Act request for documents, information, or files, which contain financial, disciplinary, performance, or personal data of a specific employee(s), the af fected employee(s) and the Association shall receive a copy of the request. In the event that the City receives a request for multiple employees and determines that personal notification to the affected employees is too cumbersome, the City will only notify the Association. This Section shall not be subject to the grievance procedure as outlined in Article 5 of this Agreement.
4.3 RELEASE TIME
a. Hours Allowed and Credited The City shall allow a maximum of 5200 hours per year to the Association representation unit for the purpose of conducting grievance representation and activities within the scope of its duties and responsibilities as bargaining representative of the subject Unit. It is further agreed that the hours allowed are maximum hours and the Association agrees they will use their total efficiently in an effort to prevent attaining such maximum hours. The City will provide a quarterly accounting of these hours.
Appropriate procedures will be continued to assure both the City and the Association that they have up- to-date information so that in the event there are abuses of this privilege, appropriate action may be immediately taken by the City and the Association. In the event special meetings are called by the City or an Association representative is requested to engage in such activity by the City, such time shall not be charged against total allowable Association hours.
The following Association representatives will charge their downtime for the purpose of conducting Association activity to Cost Center 11248: President, Board members, officers, and committee chairperson.
If the Association so desires, members other than those listed above may utilize Association activity hours. Members other than those listed above shall notify in writing, the appropriate manager, with twenty-four (24) hour advance notice.
b. Over-Expenditure of Hours In the event the Association incurs over-expended total allowable 11248 Cost Center hours, the Association will make payment to the City effective the first pay period of the month following the quarter in which over-expenditure occurs. The payment to the City will be at the rate of forty-five dollars ($45.00) per hour . Such payment shall be directed to the Accounting Division, Department of Finance, made payable to the City of Sacramento.
6 4.4 ACCESS TO NEW EMPLOYEES
The Association will be given a list of employees who are employed in classifications represented by the Association at least every thirty (30) days. To the extent it is known, the list shall contain the name of each employee, classification date, job title, department, work location, work, home, and personal cellular phone numbers; personal email address; and home address.
On the first day of orientation, new hires shall be advised that a representative of the Association will be present to address them at the conclusion of the workday.
The Association shall be allowed to use departmental email to notify members of meetings, elections, social events, and ratifications. All communications must comply with the City and Departmental policies regarding email communication and usage.
ARTICLE 5 – GRIEVANCE PROCEDURE
The City and the Association agree to implement the following grievance procedure:
5.1 PURPOSE
a. This grievance procedure shall be used to process and resolve grievances arising under this Agreement except to the extent that the City Charter vests jurisdiction elsewhere.
b. This grievance procedure shall not be used to resolve any questions as to whether or not an item requires the parties to "meet and confer" within the terms of Government Code Section 3500 et. seq.
c. The purposes of this procedure are:
(1) to resolve grievances informally at the lowest possible level; (2) to provide an orderly procedure for reviewing and resolving grievances promptly.
5.2 DEFINITIONS
a. A grievance is a good faith complaint of one or a group of employees, or a dispute between the City and the Association involving the interpretation, application, or enforcement of the express terms of this Agreement. b. No matter shall be considered as a grievance under this Article unless it is presented in writing within thirty (30) calendar days after occurrence of the events on which the grievance was based. With the consent of the City's third step representative the thirty (30) calendar day time limit for filing grievances may be extended. When attempting to resolve a grievance informally, the City
7 and the Association shall mutually agree to toll the time for ninety (90) calendar days. The Association and the City shall acknowledge in writing the grievance is being discussed informally and the time is tolled. c. As used in this procedure, the term "supervisor" means the individual who assigns, reviews, and directs the work of an employee.
d. As used in this procedure, the term "party" means an employee, the Association, the City, or their authorized representatives. e. The employee retains all rights conferred by Sections 3500 et. seq., of the Government Code or Civil Service Rules and Regulations of the City unless waived by such employee.
5.3 STEP ONE
An employee who believes they have cause for a grievance may contact their supervisor alone or with the employee’s representative. If after discussions with the supervisor, if the employee does not feel the grievance has been properly adjusted, the grievance may be reduced to writing. The grievance statement shall include the following:
a. A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Agreement. b. The remedy or correction requested of the City.
c. The grievance form shall be signed by the grieving employee, the date and time of presentation affixed thereto, and signed as received by the employee's Deputy Chief.
d. The grieving employee's Deputy Chief shall assign the first level review to the employee's supervisor, which supervisor shall answer the grievance in writing within fourteen (14) calendar days from the time the supervisor receives the grievance in writing. The supervisor's answer shall include the following:
(1) a complete statement of the Office's position and the facts upon which it is based.
(2) the remedy or correction which has been offered, if any.
5.4 STEP TWO
An appeal to the second step shall be made within fourteen (14) calendar days. The hearing of the grievance will be held within fourteen (14) calendar days of the second step appeal.
The Association representative and designated Department representative will meet in an effort to settle the matter. The City's answer will be made fourteen (14) calendar days after the hearing is held. The employee has fourteen (14) calendar days to determine whether or not to appeal the grievance to the third step.
8 5.5 STEP THREE
a. The Association's representative and the designated representative of the City will meet to hear any grievance appealed to the third step. A grievance appealed to the third step of the grievance procedure shall be heard within fourteen (14) calendar days after the appeal to the third step of the grievance procedure.
b. A written answer will be made within fourteen (14) calendar days after the hearing, stating the City's position.
5.6 ARBITRATION
a. If the third step answer is not satisfactory to the employee, the Association may appeal the grievance to arbitration. The request for arbitration must be given in writing to the designated City representative by the Association within fourteen (14) calendar days from the date of the third step answer. b. An arbitrator may be selected by mutual agreement between the Association's representative and the City's representative.
c. Should the representatives fail to mutually agree on an arbitrator, they shall make a joint request to the State Mediation and Conciliation Service or the American Arbitration Association for a list of five (5) qualified arbitrators. The parties shall alternate striking from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.
d. It is understood that the arbitrator will only interpret this Agreement and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding on the City, the Association, and employee. e. F ees and costs for the arbitrator and court reporter will be borne by the party losing the arbitration.
f. Either party to this Agreement shall, upon receipt of a written grievance, have the right to refuse to handle such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance. g. If the City fails to respond to a grievance within the time limits specified for that step, the grievant shall have the right to appeal to the next step. However, in the event the City fails to respond to a third step grievance within fourteen (14) calendar days after the grievance hearing and the time limits have not been extended by mutual written consent, and if the Association appeals to arbitration, the City's position at the second step shall be the City's position at the arbitration.
9 h. The Association representative shall have the authority to settle grievances for the Association or employees at the respective steps of the grievance procedure.
5.7 TIME LIMITS
Each party involved in the grievance procedure shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure, but with the written consent of both parties the time limitation for any step may be extended.
5.8 WITNESSES
The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an arbitration hearing held pursuant hereto.
ARTICLE 6 – SALARY ADJUSTMENTS
6.1 SALARY RANGES
a. The salary ranges for employees in the Police Sergeant, Dispatcher I, Dispatcher II, Dispatcher III, Community Service Officer II, and Community Service Officer III classifications shall consist of five (5) salary steps with five percent (5%) between steps.
b. The salary ranges for employees in the Park Safety Ranger Assistant, Park Safety Ranger, and Park Safety Ranger Supervisor classifications shall consist of eight (8) salary steps with five percent (5%) between steps. c. The salary range for employees in the Police Officer classification shall consist of seven (7) salary steps with five percent (5%) between steps. d. T he top step for the Dispatcher III classification will be benchmarked at seventeen percent (17%) above the top step of the Dispatcher II classification. e. T he top step for the Police Sergeant classification will be benchmarked at twenty-one percent (21 %) above the top step of the Police Officer classification.
f. Effective December 18, 2021, the top step for the Park Safety Ranger Supervisor classification will be benchmarked at fifteen percent (15%) above the top step of the Park Safety Ranger classification.
g. Effective December 18, 2021, the top step for the Park Safety Ranger classification will be benchmarked at ten percent (10%) above the top step of the Park Safety Ranger Assistant classification.
10 6.2 SALARIES
Effective December 18, 2021, the salary ranges for the classifications of Dispatcher I, Dispatcher II, Community Service Officer III, Park Safety Ranger Assistant, Police Officer, and Security Officer shall be increased by three and one- half percent (3.5%). Retro payments shall be issued within sixty (60) calendar days of the date of adoption by the City Council on the regular payroll cycle.
6.3 EQUITY ADJUSTMENTS
Effective December 18, 2021, in addition to the salary adjustment provided in Section 6.2 (Salaries), the salary schedules for the classifications of Dispatcher I, II, and III shall receive a two percent (2%) equity adjustment. This equity adjustment shall be additive to the adjustment in Section 6.2 (Salaries) and shall not compound.
ARTICLE 7 – SALARY ADMINISTRATION
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE
The rate of compensation upon original appointment shall normally be Step 1. However, if the City Manager or designee finds that the appointee has extraordinary qualifications, or that a higher step is necessary in order to recruit, appointment at any step in the range may be made. This provision shall apply to original appointments to career positions and appointments to non-career positions.
7.2 ADVANCEMENT IN RATE OF COMPENSATION
a. Advancement in Steps
(1) Upon successful completion of twenty-six (26) weeks of service an employee shall be advanced to the next higher step of the salary range of the employee’s current classification. Thereafter, employees, who maintain a satisfactory level of performance, shall automatically advance to the succeeding step, of their current classification, in intervals of fifty -two (52) weeks of completed service, which shall be calculated after the date of each advancement, until top step is reached (2) Time spent on unpaid leave of absence of ten (10) or less consecutive workdays shall not affect the step increase eligibility date. For unpaid leaves in excess of ten (10) consecutive working days, all unpaid leave time shall not count toward step increases.
(3) An employee who has completed the required probationary period in the employee’s current classification and who is at a salary step lower than the top step may be advanced to any higher step in the salary range for that classification at any time. Such step advancement under
11 this provision shall not be subject to the grievance procedure and shall be at the sole discretion of the Department Head.
(4) This Section 7.2(a) shall only apply to career employees. (5) Effective December 18, 2021, Section 7.2(a) shall only apply to career employees and Community Service Officer II as provided in Article 19.3 (Community Service Officer II (CSO II)).
b. Denial of Step Increase and Reduction in Grade
Employees who do not maintain a satisfactory level of performance may , in the discretion of the department, be denied advancement, and may be reduced within grade upon approval of the appointing authority. Employees in the civil service who are denied advancement, or who are reduced in grade, shall have the right to appeal to the Civil Service Board in accordance with its rules and regulations. This Section 7.2(b) shall only apply to career employees.
c. Effective Date of Payroll Changes
Payroll changes shall be effective on the first day of the bi-weekly pay period following the date the employee became eligible for a pay increase, which bi- weekly pay period shall begin at 12:01 a.m. Saturday of the first week, and end at 12:00 midnight on the Friday of the second week. d. Effective Date of Salary Step Increase Upon Extension of Probationary Period (1) If the probationary period is extended due to light duty, sick leave, or IOD time, the salary step increase will be delayed for the period of the extension. However, the probationary period shall only be extended if the time exceeds thirty (30) consecutive calendar days. (2) For an employee in a classification with a six (6) month probationary period who successfully completes the extended probationary period, the period of the extension shall be included in determining the eligibility date for the salary step increase. For example, an employee is appointed on January 4, 1986, and works in the regular assignment until April 11, 1986. On April 12, 1986, the employee is on IOD time until July 4, 1986, and returns to the regular assignment on July 5, 1986. The employee successfully completes the probationary period on September 26, 1986. The effective date on the salary step increase is July 5, 1986, because the period April 12, 1986, to July 4, 1986 , is included in determining the salary step eligibility date. (3) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed less than twenty-six (26) weeks of service, the
12 employee shall be eligible for a salary step increase upon successful completion of twenty-six (26) weeks of service, excluding the period of the extension. The period of the extension, however, shall be included in determining the eligibility date for the salary step increase. The effective date of the salary step increase is determined in accordance with the example given above.
(4) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed more than twenty-six (26) weeks of service and who successfully completes the extended probationary period, the period of the extension shall be included in determining the eligibility date for the next salary step increase. The effective date of the salary step increase is determined in accordance with the example given above, except fifty -two (52) weeks is required rather than twenty -six (26) weeks.
(5) If a probationary period is extended due to an unpaid leave of absence, the period of such extension is excluded in determining the eligibility date for a salary step increase.
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION a. Movement to a Higher Classification
When an employee moves from one classification to another which has a higher salary, through examination, appointment to an exempt position, temporary appointment in the absence of an eligible list, or reallocation, the employee shall receive an increase at least equal to a full in-grade salary step (5%) or Step 1 of the higher classification, whichever is greater, but not to exceed the maximum rate of the higher classification.
b. Movement to Another Position in the Same Classification or to a Classification With the Same Salary Range
When an employee moves to another position in the same classification or to another classification with the same salary range, the employee shall maintain the same salary and same anniversary date.
c. Movement to a Lower Classification
When an employee's position is reallocated to a classification with a lower salary range, the employee shall suffer no reduction in salary, and the Y-rate provisions of this Agreement shall apply. The salary of an employee who voluntarily demotes shall be that salary step nearest but does not exceed such salary paid in the previous classification.