POLICE DISPATCH
EMPLOYEES
MEMORANDUM
OF
UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
And
The San Bernardino Police Dispatch Association
July 01, 2025, to June 30, 2028
2 TABLE OF CONTENTS
Article/Section Title ___ NO.
Definition of Terms ............................................................................................4 ARTICLE I Administration ............................................................................................. 5 Section 1 – Parties to MOU .............................................................................................. 5 Section 2 – Recognition ................................................................................................... 5 Section 3 – Management Rights ...................................................................................... 5 Section 4 – Employee Rights ........................................................................................... 6 Section 5 – Agency Personnel Rules ............................................................................... 7 Section 6 – Grievance Procedure …................................................................................. 8 Section 7 – Skelly Rights …………….............................................................................. 10 Section 8 – Probationary Period …….............................................................................. 10 Section 9 – Seniority ...................................................................................................... 11 Section 10 – Personnel Files ............................................................................................ 11 Section 11 – Bulletin Boards ............................................................................................ 12 Section 12 – Safety Committee ........................................................................................ 12 Section 13 – Labor-Management Committee .................................................................... 13 Section 14 – Employee Representatives .......................................................................... 13 ARTICLE II Employer-Employee Relations ................................................................. 13 Section 1 – Recognition/ Security ................................................................................... 13 Section 2 – No Strike ………........................................................................................... 13 Section 3 – Payroll Deduction for Dues .......................................................................... 14 Section 4 – Employee Lists ............................................................................................ 15 Section 5 – Budget Documents ...................................................................................... 15 Section 6 – Employee Orientation ………………………………....................................... 15 Section 7 – New Employee Information .......................................................................... 16 Section 8 – Association Logos ....................................................................................... 16 Section 9 – Non-Discrimination ……………………………………....................................16 Section 10 – Contract for Services ....................................................................................17 ARTICLE III Compensation ………………….................................................................. 17 Section 1 – Salaries........................................................................................................ 17 Section 2 – Classification/Compensation Study ............................................................. 17 Section 3 – Retirement Benefits ..................................................................................... 18 Section 4 – Overtime ...................................................................................................... 18 Section 5 – Special Event Overtime ............................................................................... 19 Section 6 – Higher Acting Classification Pay .................................................................. 20 Section 7 – Call-Back/Standby Assignment and Pay ..................................................... 21 Section 8 – Educational Incentive .................................................................................. 22 Section 9 – Shift Differential ………………….................................................................. 23 Section 10 – Bilingual Pay ………..................................................................................... 23 Section 11 – Training Pay ................................................................................................ 23 3 ARTICLE IV Fringe Benefits …………………................................................................. 24 Section 1 – Health Benefits and Life Insurance ............................................................. 24 Section 2 – Uniforms …………………………………………............................................ 26 ARTICLE V Leaves …………………............................................................................... 26 Section 1 – Vacation ...................................................................................................... 26 Section 2 – Holiday Leave.............................................................................................. 28 Section 3 – Sick Leave ………........................................................................................ 30 Section 4 – Payment of Sick Leave ................................................................................ 32 Section 5 – Election Leave ............................................................................................. 32 Section 6 – Witness Leave ............................................................................................. 32 Section 7 – Jury Duty ………………………..................................................................... 33 Section 8 – Other Leaves …........................................................................................... 34 ARTICLE VI Working Conditions …………………......................................................... 34 Section 1 – Work Periods ……….................................................................................... 34 ARTICLE VII General Provisions …………………........................................................... 35 Section 1 – Full Understanding; Waiver ......................................................................... 35 Section 2 – Severability .................................................................................................. 36 Section 3 – Support of Agreement .................................................................................. 36 Section 4 – Term of Memorandum of Understanding ……….......................................... 36 Section 5 – Notice of Intent to Reopen ……………….……….......................................... 37 SIGNATURE PAGE ………………………………………….…………………………………. 38
INDEX ………………………………………….………………………………………………… 39
4 DEFINITION OF TERMS
Association: The exclusive bargaining representative for Police Dispatch employees.
Break in Service: Refers to a voluntary or involuntary separation from employment with the City or Department, as applicable. An authorized leave of absence does not constitute a break in service.
City: The City of San Bernardino.
Day: For the purposes of sick leave and vacation leave, one (1) “day” shall be defined as the number of hours the employee is scheduled to work on that day as part of their regular work schedule.
Exclusion: Excluded from Police Dispatch for purposes of representation are:
classification titles designated as management/confidential, middle- management or safety; positions established and created under federal contract; and temporary, part-time, provisional and probationary individuals.
Mandatory and
Permissive: “Shall” is mandatory; “may” is permissive.
MOU: Memorandum of Understanding.
Police Dispatch: Includes titles listed in the City’s Salary Schedule, as may be amended.
Additional titles in the unit may be established by the Mayor and City Council. Also reference “Exclusions” above.
Probationary
Employee: An employee who has been appointed to a Regular, Full-time position but has not completed their probationary period and has not attained regular status in that position.
Regular Full-Time
Employee: An Employee who has been appointed to a Regular, Full-Time position and has completed their probation period.
5 ARTICLE I
ADMINISTRATION
Section 1 – Parties to Memorandum of Understanding
The Memorandum of Understanding is made and entered into by and between the City of San Bernardino (“City”) and the San Bernardino Police Dispatch Association (SBPDA), pursuant to Government Code Sections 3500 et seq.
Section 2 – Recognition
The City hereby recognizes the SBPDA as the exclusive representative for the purpose of meeting and conferring with respect to wages, hours, terms and conditions of employment for all regular full-time employees within the classifications as set forth below:
Police Dispatcher I
Police Dispatcher II
Should any valid federal or state law or formal determination of any board or court of competent jurisdiction affect any provisions, those affected provisions shall be made to conform to the law or determination and otherwise this MOU shall continue in full force and effect.
Nothing in the above shall be construed as requiring an employee to join the recognized Association nor to maintain his or her membership in the recognized Association as a condition of employment.
Section 3 – Management Rights
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the inherent and express rights, powers and authority, which the City had prior to adopting this MOU, except to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, ordinances, resolutions, state and federal laws and expressly and exclusively retains its management rights, which include but are not limited to:
•The exclusive right to determine the mission of its constituent departments, commissions and boards;
•Set standards of selection for employment promotions;
•Direct its employees;
•Establish and enforce dress and grooming standards;
•Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
•Maintain the efficiency of governmental operations;
•Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
•Determine the content and intent of job classifications; 6 •Determine methods of financing;
•Determine style and/or types of City-issued wearing apparel, equipment or technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted; •determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City;
•Assign work to and schedule employees in accordance with requirements as determined by the City, and establish and change work schedules and assignments upon reasonable notice;
•Establish and modify productivity and performance programs and standards; •Layoff, discharge, suspend, demote, reprimand, withhold salary increases and benefits or otherwise discipline employees in accordance with the applicable law; •Establish employee performance standards including, but not limited to quality and quantity standards; and,
•Take necessary action and carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.
The city shall be free to exercise its rights under this provision without negotiation or challenge from the Association or employees except where it can be demonstrated that such exercise is contrary to law or a specific limitation placed upon the City in another Article of this Agreement. The City’s failure to exercise any right, prerogative, or function reserved to it or the exercise of any such right, prerogative, or function in a particular manner, shall not be considered a waiver of the City’s ability to exercise such rights, prerogatives, or functions or preclude the City from exercising the same in some other manner.
Section 4 – Employee Rights
A. Employees have the right to a safe and harassment free work environment as set forth in the City’s policy on Non-Discrimination/Workplace Harassment. Employees of the City have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, wages, hours and other terms and conditions of employment. Employees of this City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by employee organizations because of the exercise of these rights. Representation rights of the Association as exclusive representative shall not be interfered with.
B. The City, through its representatives, shall meet and confer in good faith only with representatives of formally recognized employee organizations regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment.
7 C. Individual Agreement - The City of San Bernardino shall not negotiate with or enter into memorandum of understanding or grant rights or benefits not covered in this agreement to any employee unless such action is with the concurrence of the SBPDA and an authorized bargaining representative of the City. Any such individual agreement that is not in accordance with this provision shall be invalid.
Section 5 – Agency Personnel Rules
A. Purpose. It is understood and agreed that there exists within the City in written or unwritten form, certain personnel rules, policies, practices and benefits generally contained in the applicable City of San Bernardino Municipal Code; The City of San Bernardino Uniform Personnel Rules and Policies, as amended; Resolution No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and, Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-Employee Relations, as amended, which documents will continue in effect, except for provisions modified by the City Council in accordance with federal or state laws, orders, regulations, official instructions or policies.
B. Department Work Rules. The City may prepare, issue and enforce rules and safety regulations necessary for the safe, orderly, and efficient department operations. A copy of such rules shall be sent to the Association office. The reasonableness of any disciplinary action taken as a result of a violation of any departmental work rule may be determined in the grievance procedure or the appeal process in the Personnel Rules, if applicable, at the employee's election. The City shall make reasonable efforts to acquaint employees with work rules. Work rules shall be uniformly applied.
The Police department will provide a copy of updates to Departmental Work Rules as they occur.
C. Personnel Rules. The City represents that in implementing Section 508 of the City of San Bernardino’s Charter that became effective on January 31, 2017, the following provisions shall be included as part of the City’s uniform policies:
1. Education Tuition Assistance
2. Employee Assistance Program (EAP)
3. Catastrophic Leave
4. Injury Leave
5. Leave of Absence without Pay
6. Military Leave
7. Physical Examinations
8. Reasonable Suspicion Drug and Alcohol Testing
The above sections will be included will be included in the City’s Uniform Policies and shall be made available to the Association and bargaining unit employees upon completion.
If a conflict arises between the Personnel Rules or the City’s Uniform Policies and the 8 MOU, the MOU shall prevail.
D. The modification of the City’s Personnel Rules, department work rules and the City’s Uniform Policies may be subject to the meet and confer or meet and consult process to the extent a bargaining obligation exists under applicable law.
Section 6 – Grievance Procedure
Definition of Employee Grievance: A grievance is an alleged violation of the terms of the MOU or of the application of laws, ordinances, resolutions concerning or affecting wages, hours or other conditions of employment. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure or through disciplinary appeals to the Personnel Commission. If the employee chooses to appeal disciplinary action to the Personnel Commission, they shall be precluded from filing a grievance. This procedure is not intended to be used to effect changes in the terms of this MOU or those matters not covered by this MOU.
Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer. The Equal Employment Officer/Director of Human Resources may recommend that the matter be brought as a formal grievance. Alleged violations of the Employer-Employee Relations Ordinance shall be processed through the procedure contained therein.
As used in this procedure, the term "immediate supervisor" means the lowest level of supervisor not within the Police Dispatch representation unit. The procedure provides a mechanism for settling the grievance informally with the "immediate supervisor," up to and including the Division Head.
If this proves unsatisfactory, the grievance may be formally presented to the Department Head or designee, the Director of Human Resources, and finally to the City Manager who will be the ultimate authority.
The aggrieved employee shall have the right to be represented, if they desire, by the designated Association representative.
Working Day: As used in this section, "working day" shall refer to the employee’s working day or to the working day of the other party involved (Supervisor, Division Head, Department Head, Director of Human Resources, City Manager and/or their designees), depending upon whose response or action is pending.
Procedural Steps for Handling Grievances:
A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and a supervisor in the employee's chain of command, up to and including the Division Head. Oral presentation of the grievance must be submitted to the Informal Step within ten (10) working days of the incident causing the grievance or of the grievant’ s knowledge of the incident’s occurrence.
The date and the subject of the incident should be provided with the request for the informal meeting. Within ten (10) working days of the presentation of the grievance, 9 the supervisor shall provide an oral response to the employee. The supervisor will document (for record purposes) their response to the employee in the event the grievance proceeds to the Formal level.
When a grievance is filed and the matter complained of originated at the Police Chief’s level, the initial grievance shall be filed directly with the Chief of Police. If the grievance alleges a violation of law, a City uniform policy, ordinance, or resolution, the grievance shall be filed with the Human Resources Director.
B. Formal:
1. If the grievance is not adjusted to the satisfaction of the employee involved, the grievance shall be submitted in writing by the employee or their designated representative to the Department Head or their designee within ten (10) working days from the date of the oral response to the informal grievance (Part A). The written grievance shall include the date of the incident, a description of the alleged facts, witnesses, and the provision alleged to have been violated. The Department Head or their designee shall meet with the employee and/or their designated representative within the next ten (10) working days of receipt of the written grievance and shall deliver their answer in writing to the employee within ten (10) working days after the meeting.
2. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within ten (10) working days from the date of delivery of said answer. The Director of Human Resources or their designee shall meet with the employee, and if the employee desires, the designated Association representative, within ten (10) working days after receipt of the appeal, shall deliver their answer in writing to the employee within ten (10) working days after the meeting.
3. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Manager or their designated representative within ten (10) working days from the date of delivery of said answer.
The City Manager or their designated representative shall deliver their answer in writing within ten (10) working days after receipt of the appeal.
4. The decision of the City Manager or their designated representative is final and binding on all parties, unless reversed by a court decision.
5. All grievances shall be treated as confidential, and no publicity shall be given to the final resolution of the grievance.
C. Time Limits: Any formal grievance not answered by the City within the specified time limit listed above shall be deemed settled on the basis of the Association’s original demand (i.e. make whole remedy) unless there are extenuating circumstances or the investigation is continuing. Grievances settled by default 10 shall not establish a precedent as to the interpretation of the disputed language.
Likewise, any specified adjustment not appealed by the employee or their designated representative within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. Timelines as above may be extended by mutual agreement only.
Consolidation of Grievances: In order to avoid the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed as long as the grievances are from employees within a single department. The City also has the right to consolidate responses to such grievances. If the grievant is a group of three (3) or more employees within a department, the group shall appoint one (1) or two (2) employees who signed the grievance to speak for the collective group throughout the grievance process.
Section 7 – Skelly Rights
It is mutually agreed that the City subscribes to the concept and application of progressive discipline for minor offenses. Discipline shall be imposed upon an employee only for just cause.
If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public.
When an action for suspension or termination has been taken, subject to appeal, the employee will be apprised of the action, the reason therefore, and will be provided with a copy of the charges including material on which the action was based. Employees have the right to Association representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-Brown Act).
A. The employee shall receive reasonable advance notice of the proposed disciplinary action per the City’s Personnel Rules.
B. The notice shall contain the reasons, charges, and statement of the events or circumstances upon which the proposed action is based.
C. The employee shall be given the materials, if any, upon which the action is based.
D. The employee shall have the right to respond either orally or in writing within five (5) working days of receipt of Skelly package to the appointing authority (Department Head/Division Head) imposing the discipline.
The disciplinary procedure should be used for all serious disciplinary actions, which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and, (4) suspensions.
Section 8 – Probationary Period
The probationary period for newly hired and promoted employees into positions in this unit shall be 2080 paid hours from the date of hire. “Paid hours” shall include hours actually worked (excluding overtime) and paid leaves such as vacation, holiday, sick leave and 11 compensatory time but shall not include time spent on any leave of absence, including 4850 time, modified/light duty and military leave,
In addition, the probationary period of new hires may be extended at the discretion of the Police Chief for a period not to exceed 1040 hours.
Section 9 – Seniority
Department Heads will consider seniority in authorizing vacations, scheduling shift assignments and transfers. Seniority shall prevail when all other factors are not significantly different. "All other factors" is defined as special qualifications, skills, work performance, as well as attendance and safety. An employee shall not attain seniority until the completion of a probationary period, upon which time the seniority date shall be from the last date of hire within the department, division or section. In the event of layoffs, due to lack of work or funds that the department deems it necessary to reduce the working force, the last employee hired within the classification so reduced shall be the first laid off unless they possess special qualifications or whose loss of skills would adversely affect the public welfare or has superior work performance that can be documented. An employee shall be given at least thirty (30) days notice prior to layoff.
Section 10 – Personnel Files
A. The Human Resources Department shall keep and maintain an official personnel file for employees, which shall contain information relative to the employee. No other files, records or notations shall be official except as may be prepared or used by the City or its counsel in the course of preparation for any pending case, such as the Department of Fair Employment and Housing or Personnel Board matter or grievance.
B. An employee's department may maintain a file pertaining to an employee, which shall contain job-related information only. It shall be the supervisor's responsibility to inform the employee, with a copy thereof, of any detrimental material in the file that may affect the employee's performance evaluation. An employee may grieve over the factuality of, or propriety of, any material in such file. Such files shall be confidential.
Both the City and the Association agree that an employee's failure to challenge any material in such file does not justify the conclusion that the employee is in agreement with any such materials. Such files shall not contain a copy of any disciplinary action against an employee.
C. Employees and/or their authorized representatives, if authorized by the employee, shall have the right, upon written request, to review the contents of their official personnel files and department files. Such review may be made during working hours with no loss of pay for time spent, and the employee may be accompanied by their authorized representative if they wish. Reasonable requests to copy documents in the files shall be honored.
D. A copy of any disciplinary action or material related to employee performance, which is placed in the personnel file, shall be served upon the employee (the employee so noting receipt), or sent by certified mail (return receipt requested) to their last address appearing on the records of the City. It is the obligation of each employee to provide 12 the City with their current address.
E. A full-time, permanent employee shall have thirty (30) working days in which to file a written response to an employee performance evaluation entered in their personnel file. Such written response shall be attached to the employee performance evaluation.
The thirty (30) working days will commence with the date the employee receives the evaluation for signature. The Human Resources Department will distribute to all City departments a memorandum explaining employee performance evaluation response procedures for Police Dispatch employees.
F. Employees may request that any documents contained in the file of a derogatory nature will be purged from their files after a period of twenty-four (24) months and no further actions have occurred similar in nature. The department head shall review said request and notify the employee and the SBPDA of their decision in writing within seven (7) calendar days. After review by the Department Head, if the employee is not satisfied with the outcome, the employee may request that the City Manager and/or the Director of Human Resources review all requests to purge negative items from personnel files. The decision of the City Manager and/or the Director of Human Resources as to what will be purged from the personnel files shall be final and binding.
Section 11 – Bulletin Boards
The City will provide adequate space on bulletin boards in each department/division for the purpose of the Association posting notice of pertinent Association business. The Association agrees that nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the event that there is a dispute arising out of the pertinence of any literature the Association chooses to post, the City Manager or their designated representative and an Association representative will meet as soon as possible to resolve the problem.
Section 12 – Safety Committee
There is established a City-wide Safety Committee in which the Police Dispatch Employees have membership. The SBPDA shall appoint two (2) members to the Safety Committee. The appointments should not include more than two members and one alternate. The Committee will review all recordable accidents (both City equipment and personal injury of City employee) and make recommendations to the City Manager or their designee for all corrective actions in establishing better job safety.
The Safety Committee shall forward to SBPDA, if requested, a copy of all minutes, findings and recommendations that pertain to SBPDA employees at the conclusion of each meeting.
Section 13 – Labor-Management Committee
The SBPDA will designate two (2) representatives to meet with the City on a mutually agreeable basis to discuss matters pertinent to the welfare of the City and employees. The Association may have additional representatives present when appropriate for the discussion of scheduled matters. Normally, such meetings shall be during working hours. In addition, the purpose of the meeting will be to listen and correct employees’ safety concerns as it relates to City policy, OSHA, the MOU, and any other safety regulatory body. 13 Section 14 – Employee Representatives
SBPDA may designate no more than two (2) representatives who will be allowed reasonable release time to contact SBPDA Business Representatives and participate in required committee meetings. Association representatives shall not receive any additional time or compensation for the designation. Association representatives may, if requested, represent Police Dispatch employees in disciplinary action meetings, as required by law (e.g. Skelly meetings), including investigation interviews. SBPDA shall provide the City an initial list of stewards and thereafter upon request by the City. The position of association representative shall not interfere with the daily operations of the City.
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section 1 – Recognition/ Security
The City hereby acknowledges that the SBPDA is recognized by the City as the exclusive representative for the Police Dispatch employees for purposes of meeting and conferring on wages, hours, and other terms and conditions of employment and for all other matters related to employer-employee relations for these employees. The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections and concerns are involved, such as grievances and disciplinary matters; provided, however, the representation rights of the Association as exclusive representative shall not be compromised thereby. If a unit member does not wish to be represented by the Association in matters pertaining to grievances and disciplinary appeals and wishes to represent themself, such member shall be required to provide the Association and the City with a signed statement waiving the right to Association representation in such matters.
Section 2 – No Strike
It is the purpose of the MOU, for the parties hereto, to confirm and maintain the spirit of cooperation, which has existed between the City and the employees of the City. It is recognized that adequate dispute resolution procedures exist to resolve differences and that any work disruptions are unproductive to City operations and services provided to its citizens.
The Association and the City agree that they shall, at no time or in any way, jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Association and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Association shall not, on behalf of itself and its members, individually or collectively engage in, support or sanction any curtailment or restriction of work at any time during the term of this MOU. The parties shall endeavor to discourage any such work disruptions or curtailment and shall make 14 affirmative efforts to return employees to their jobs in the event that any such work disruption occurs.
Section 3 – Payroll Deduction for Dues
It is agreed that the Association membership dues shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues deducted from the pay warrants of employees covered hereby shall be made to the Association within 30 days after the conclusion of the month in which said membership dues were deducted.
The City shall not be liable to the Association, employees or any other persons by reason of the requirements of this section for the remittance of any sum other than those constituting actual deductions made from the employee wages earned. The Association shall hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of, or by reason of, action taken by the City under this section.
Indemnification. The Association acknowledges that it has, and will continue to, comply with all applicable requirements, regulations, and provisions of law pertaining to dues deductions.
It is further agreed that the City assumes no obligation or liability, financial or other arising out of the provisions of this Article.
The Association shall indemnify, defend and hold the City harmless from any claims made and suits instituted against the City in regard to the application of this Article. The Associations' indemnity and liability obligation is more fully set forth as follows: (1) SBPDA shall defend, indemnify and hold harmless the City of San Bernardino and its officers and employees from any claim, loss, liability, cause of action or administrative proceeding arising out of the operation of this Article. (2) The City, immediately upon receipt of notice of such claim, proceeding or legal action shall inform SBPDA of such action, provide SBPDA with all information, documents, and assistance necessary for the Associations’ defense or settlement of such action and fully cooperate with SBPDA in providing all necessary employee witnesses and assistance necessary for said defense. The cost of any such assistance shall be paid by SBPDA. SBPDA upon its compromise or settlement of such action or matter shall immediately pay the parties to such action all sums due under such settlement or compromise. SBPDA, upon final order and judgment of a Court of competent jurisdiction awarding damages or costs to any employee, shall pay all sums owing under such order and judgment.
Section 4 – Employee Lists
The City shall provide a list of names and other information as required by law to the Association as requested.
Section 5 – Budget Documents
15 The City agrees to provide or make available electronically to the Association a copy of the annual financial report, preliminary budget, final budget and resolutions or ordinances as requested by the Association.
Section 6 – Employee Orientation
The City will distribute the Memorandum of Understanding, or contract term and conditions, as part of the employee orientation program conducted by the City for new employees. The City will allow the Association to make a presentation at employee orientations no later than the Friday preceding the employee’s start date.
New employee orientation generally means an “in person” meeting designated as such and scheduled with representatives of the City to advise and inform new employees of their employment benefits, responsibilities, City Rules, and other similar related matters.
Notice Requirements
The City will make every effort to provide written notice (by email, letter, or text) to the Association of all new employee orientations. The Association’s exclusive representative shall receive not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable. The new employee orientation notice provided to the Association shall include the date, time, and location of the orientation.
This will allow for proper scheduling to ensure that a representative from the Association are available to meet with the employee prior to or following the orientation session. If the Association or its representative are not available on the day or time the City has scheduled its orientation, the City will allow the Association to meet with the new employee within 30 calendar days of hire.
During the new employee orientation, the City shall make every effort to provide a written statement, obtained from the Association to each new employee hired into a position/classification represented by the Association, that the employee’s position is represented by the Association. To properly identify current Association leaders, the Association will provide a roster of representative(s) to the City prior to such orientation.
The Association will be provided the opportunity for one (1) representative to meet with the new employee for up to 45 minutes of uninterrupted private time prior to or following new employee orientation. The Association may provide written materials, including a packet of information, to the new employee(s). The Association agrees in its portion of the orientation not to engage in speech that could cause substantial disruption or material interference with City business and activities and to comply with all City policies and procedures.
The Association’s presentation will be conducted during paid City time as a regular part of the new employee orientation. At no time shall any Association member incur any overtime or additional costs to the City. The Association will provide the Human Resources Department, at least 48 working hours in advance notice, of the name of the Association member who they wish to attend the orientation.
16 Section 7 – New Employee Information
Upon request by the Association, the Human Resources Department will furnish the Association with information on new Police Dispatch employees, excluding their home addresses. Data will include name, job title, department, work location, work, home and personal cellular telephone numbers, and personal email addresses on file, if any.
Section 8 – Association Logos
A. Police Dispatch employees wishing to demonstrate their support for, or affiliation with, SBPDA shall be permitted to wear an Association button, badge, logo, or pin as long as the button, badge, logo, or pin does not create a safety or health issue or interfere with the efficient operations of the employer.
B. In consideration of the above, said button, badge, logo, or pin must be consistent with all of the following:
1. Removable;
2. For uniformed employees only, it must be centered and fit on the pocket flap or in the area where the pocket flap is supposed to be on the jacket, shirt, blouse, or sweater;
3. It may not carry a message that is libelous, obscene or defamatory.
C. Police Dispatch employees will be permitted to wear an Association button or pin as long as it does not create a safety or health issue, interfere with the efficient operations of the employer, or conflict with previously adopted uniform standards in department work rules/operating procedures.
Section 9 – Non-Discrimination
Neither the City nor the Association shall unlawfully discriminate against any employee because of race, color, ancestry, sex, sexual orientation, age, physical or mental disability, medical condition, national origin, political affiliation, religion, or any other basis as required by federal, state, or local law.
Section 10 – Contract for Services
It is not the intent of the City to contract out work for the sole purpose of causing employees to lose their jobs. If a decision is made by the City to contract work not now contracted, and that decision will result in changes in the work conditions or status of employees in the unit, the City agrees to meet and confer in good faith with the Association prior to making a final recommendation to the City Council. If the City puts out a bid for contract services, the 17 affected department will have the opportunity to bid for services. Contract awards are subject to the City Council approval and will not be part of this agreement.
ARTICLE III
COMPENSATION
Section 1 – Salaries
Effective the first full pay period following July 1, 2025, the salary ranges for all unit members shall be increased by two and a half percent (2.5%) to reflect a cost-of-living adjustment (COLA), effective the first full pay period following January 1, 2026, the salary ranges for all unit members shall be increased by two percent (2%). Effective the first full pay period following July 1, 2026, the salary ranges for all unit members shall be increased by three and a half percent (3.5%), unless increases in City revenues fall below 3.75%. In which case the salary ranges for all unit members shall be increased by one and seventy-five hundredths (1.75%) effective the first full pay period following July 1, 2026, AND by one and seventy-five hundredths (1.75%) effective the first full pay period following January 1, 2027. All salary ranges for classifications represented by the SBPDA shall be amended by the City Council in accordance with these provisions.
Section 2 – Classification/Compensation Study
The parties agree to an economic reopener commencing in or about April/ May, 2027. The purpose of this reopener is to discuss the classification and compensation study (“Study”) the City is currently conducting and expected to be completed before the start of the 2027-28 fiscal year.
Any salary equity adjustments to individual classifications will be considered alongside any across-the-board salary adjustments and other increases in compensation, taking into account such factors as the total cost of bargaining unit compensation, market competitiveness, recruitment/retention, and the availability of financial resources. Annual salary adjustments will be contingent upon available funding and evaluated within the City’s long-term financial plan.
If the City fails to allocate any funds to address pay equity issues, then a three percent (3%) across-the-board increase will go into effect at the beginning of the first full pay period following July 1, 2027. However, if funds are allocated by the City to address pay equity, the parties will negotiate pay equity and/or other economic items and there shall be no automatic or guaranteed across-the-board increase.
It is expressly agreed that the parties may extend the MOU by mutual agreement during this economic reopener.
Section 3 – Retirement Benefits
SBPDA members are provided retirement benefits under the California Public Employees’ Retirement System (CalPERS) as follows:
Tier I: Employees hired on or before October 3, 2011 shall receive a 2.7% @ 55 18 retirement benefit;
Tier II: CalPERS "Classic Members" hired on or after October 4, 2011 shall receive a 2% @ 55 retirement benefit;
Tier Ill: Cal PERS "New Members" hired on or after January 1, 2013 shall receive a 2% @ 62 retirement benefit in accordance with the Public Employees' Pension Reform Act of 2013 (PEPRA).
Employee Share - Effective 2/1/2013, all Tier I and Tier II employees shall pay the employee's share of the retirement contribution, either 8% for the 2. 7@ 55 formula or 7% for the 2%@ 55 formula. Effective 1/1/2013, Tier Ill employees shall pay the employee contribution required by the PEPRA, calculated at 50% of the normal cost.
Employer Share - Effective 2/1/2013, all employees shall pay 1.304% of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code.
The City will pay the employer contribution for the Fourth Level 1959 Survivor Benefit.
For Tier I and II employees, the final compensation retirement calculation shall be based upon their single highest year of compensation earnable as provided under Section 20042 of the California Government Code. The compensation earnable period for Tier III PEPRA employees will be three years.
The City and SBPDA acknowledge that the PEPRA laws and regulations shall govern a determination of whether employees are hired as "new members" or "classic or legacy" members.
Section 4 – Overtime
All employees in Police Dispatch will receive overtime based on the requirements of the Fair Labor Standards Act (FLSA). Employees shall be paid overtime compensation at the FLSA rate for all hours worked over 40 hours in the designated work week. Holiday, compensatory time, concession leave, workers’ compensation, and authorized unpaid leave hours shall not apply towards hours worked in the work week.
Overtime work shall not be authorized unless the employee has obtained the prior approval of their Department Head or designated Division Head. Emergency overtime work may be authorized by the employee's supervisor without such prior approval, if obtained at the earliest possible time after the performance of emergency work.
In instances where standby and call-back work is required and directed, it shall be regulated by, and paid in accordance with, the provisions contained in Article III, Section 6.
Compensatory Time Bank: When an employee works overtime, they shall earn overtime at the FLSA rate. Following prior approval of overtime as described above, the employee will 19 either be paid for the overtime worked or the number of overtime hours worked will be placed in a compensatory time bank, based on the employee's request. The Finance Department (Payroll) will track the compensatory time accrued and used, and the compensatory time balance will appear on the employee's paycheck. Department Head approval will be required in order for employees to use time from the compensatory time bank.
Once an employee's compensatory time bank reaches eighty (80) hours, the employee will be paid for all subsequent overtime worked. By the end of June 30 each year, an employee's compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory time bank in excess of forty (40) hours as of June 30 of each year will be paid at the employee's regular rate of pay and will be included on the first paycheck in December.
If the employee terminates employment or if the employee is promoted to a position in the City, the compensatory time bank will be paid off at the then current rate of pay.
Daylight Savings Time:
Employees required to work during daylight savings time when their shift is extended by one (1) hour (clocks are turned back one (1) hour) will be compensated for that hour.
Employees required to work when their shift is reduced by one (1) hour (clocks are turned forward one (1) hour) will be deducted one (1) hour of compensation time.
Section 5 – Special Event Overtime
SBPDA members who work special events where the City has contracts with third parties to provide public safety services and where the third parties pay for the cost of such labor services shall be entitled to be paid an overtime rate of two times the member's regular rate of pay provided the third party agrees. Such costs may include costs associated with workers' compensation coverage, Medicare, CalPERS contributions and other expenses required by the SBPDA Memorandum of Understanding. The City and the SBPDA acknowledge that under no circumstance shall this provision result in any additional cost to the City.
To be eligible for double time for work performed under such third-party contracts, the third party must agree in writing to indemnify the City against all liabilities and injuries incurred solely from the event, event management, or as a result of actions of event staff.
Special Event shall mean any short-term event of less than 30 days where the services provided are outside of the normal scope of duties of the SBPDA as to providing routine dispatch services to the City of San Bernardino. Special Events shall not include long-term contracts with third parties to provide services for more than 30 days. Special Events shall not include contracts with third parties who are non-profit organizations.
Double time shall mean an increase in pay equal to two times the current regular rate of pay for the individual member assigned to the special event.
Section 6 – Higher Acting Classification Pay
20 Upon approval by the City Manager, a Department/Division Head may assign or reassign a qualified unit employee to discharge the duties of a higher classification when a position is vacant or in the absence of the incumbent due to resignation, termination, promotion, or an extended leave of absence, or other emergency circumstances.
An employee assigned in writing by the Department/Division Head, with the approval of the City Manager, shall receive acting duty pay starting on the sixth consecutive day of each acting duty assignment. No acting duty pay will be paid for the first five (5) days of each acting duty assignment, except for those employees who can prove that they have served a total of twenty (20) days in a higher-acting classification during the previous twenty-four (24) months, based upon their official Human Resources Department records. No Police Dispatch employee that is on probation shall be placed in a higher acting classification. Further, no Police Dispatch employee shall be in a higher acting classification for more than one (1) year.
As a condition to receiving the higher acting pay, the Department designee must complete the required Personnel Action Forms (PAFs) and the Department Head and the City Manager must approve the request.
An employee assigned to work in a higher classification on an acting basis shall receive at least five percent (5%) above their current base rate of pay.
The City will not circumvent the intent of this article by using various employees to thwart the intention of this article.
Employees who believe they are performing duties of a higher level outside of their current classification, and who believe they have been unable to resolve the situation satisfactorily, shall have the right to appeal their issue via the current grievance procedure (Article I, Section VI).
To be eligible for higher acting pay, unit members shall: 1) perform the full range and majority of the duties in the higher-level classification that are unrelated to an employee’s current classification; and, 2) perform the full range and majority of the higher classification duties for five full working days based upon the unit member’s assigned work schedule.
Section 7 – Call-Back/Standby Assignment and Pay
An employee who is free to engage in their own pursuits while off duty, subject only to carrying a cellphone, is not working while on standby. If called back, the employee shall be paid for the time actually worked in accordance with Article Three, Section IV (Overtime).
If a Department Head places an employee on standby, defined as the employee being in a state of readiness and immediate availability to come to work outside of their normal work hours, the SBPDA and the City hereby agree that the following is compensation in full for the hours of work of the employee when in such standby status:
Standby Status Hours Compensated
For the employee's five (5) work days during their
work week (or prorate at 1.5 hours/day)
7.5 hours for 5 days
21 For the employee's two (2) non-work days during
their work week (or pro rate at 2.0 hours/day)
4 hours for 2 days
OR,
For all seven (7) days during a work week 10 work hours AND,
For any holiday, as described in this MOU, during
which the employee stands by for all or any portion
of the 24-hour day
2 extra work hours per scheduled
holiday - added to the above
Payment for hours described above shall be compensated at the regular rate of pay.
Police Dispatch Call-Back Pay: An employee cannot be in standby status and call-back status at the same time.
Employees not formally assigned to standby status may still be called back to work. If reached by their supervisor and called back to work, the employee will be paid for actual hours of work at the FLSA overtime rate of time-and-one-half (1-1/2) unless the employee has worked less than forty (40) hours in the work week due to use of paid or unpaid sick time, vacation, holiday, and compensatory time. In such cases, employee will be paid straight time. An employee called back to work shall be paid for a minimum of two (2) hours of work.
The Police Dispatch employees covered by this MOU are not so severely restricted in their activities while in standby status as to be "working while 'on call'" as that term is used in the Fair Labor Standards Act 29 CFR 785.17.
The Department will prepare a qualified list of employees for call-back/standby. Department Heads will consider the following factors in establishing and maintaining callback and standby lists: employee seniority; special qualifications and skills.
When assigning call-back and standby on a rotation basis, only the employee who appears first on the list may reject an assignment to call-back or standby. Rejecting an assignment will automatically place the first employee at the bottom of the list. The employee listed next must take the assignment.
Departments and Divisions may use procedures that vary from the above, if the procedures are: (1) consistent with Department/Division work rules; or, (2) implemented result of an emergency situation.
Employee Court Subpoena Time: All City employees appearing in court on their day off for a work-related court subpoena will receive compensation for the actual time spent in court, with a three (3) hour minimum. Additionally, employees will receive one-half (1/2) hour travel time for going to court. Employees will be reimbursed for all parking fees associated with the court appearance.
22 In the event an employee is placed on standby on their day off for a work-related court subpoena, the employee will receive three (3) hours standby pay for each day on a standby status.
For morning standby subpoenas where employees are called to court and do not go beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby along with one-half (1/2) hour of travel time. If employees have to appear in court after the noon recess, the actual additional time along with one-half (1/2) hour of travel time will be added to the three (3) hours standby. In cases where the subpoena is for 1:30 p.m. or another time, the standby will start with the time stated on the subpoena.
All court-related compensation will be paid as time worked and at the appropriate straight time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any prior time actually worked pursuant to such subpoena.
It is hereby agreed by and between the parties hereto that the Police Dispatch employees covered by this provision are not so severely restricted in their activities while on standby status as to be "working while 'on call'," as that term is used in the Fair Labor Standards Act 29 CFR 785.17.
Section 8 – Educational Incentive
Effective the first full pay period following July 1, 2027, all employees shall be entitled to receive in addition to their regular salary and as may be appropriate, an incentive payment as outlined below.
Forty-two dollars and fifty cents ($42.50) additional compensation per month shall be paid to each dispatcher who has obtained a Peace Officer Standards Training (POST) Intermediate Public Safety Dispatcher Certificate.
Section 9 – Shift Differential
Association employees shall receive the following pay differential in addition to their pay for actual shift work designated as either the swing or graveyard shift.
A. An employee assigned to the swing shift (normal start and ending time of 4:00 p.m. to 2:00 a.m., respectively, or where the majority of their scheduled hours fall between those hours) shall receive $65 per month extra for all hours actually worked during such assignment; or,
B. An employee assigned to the graveyard shift (normal start and end time of 9:00 p.m. to 7:00 a.m., respectively, or where the majority of their scheduled hours fall between those hours) shall receive $100 per month extra for all hours actually worked during such assignment.
C. Any non-swing/graveyard shift employees who work overtime in a swing or graveyard 23 shift will only be paid at the regular rate of pay (no additional differential pay).
D. The Departments, by memo, will inform Payroll which employees are permanently assigned to swing and graveyard shifts and should receive the additional monthly pay.
Permanent is defined as working thirty (30) days or more.
Section 10 – Bilingual Pay
Police Dispatch employees, as designated by the City Manager and who meet the certification and eligibility requirements as developed by the City, shall be compensated at the rate of seventy-five dollars ($75) per month. The duties of the employee receiving bilingual pay may be reviewed annually to determine that bilingual duties assigned to an employee are being performed on a regular and frequent basis. The designated employees may be tested annually for certification and recertification.
The City shall determine the number of eligible employees based on the consideration of such factors as most critical need and financial resources/constraints. The City Manager or designee will retain the right to select the eligible employees. The City shall reserve the right to determine languages for which testing will be conducted.
Section 11 – Training Pay
Parties agree to establish a working group within 30-60 days after City Council approves the MOU regarding training program requirements for new dispatchers. As a condition to receiving training compensation under this Section, all training assignments must be designated as to length and scope of training on Departmental forms. All training assignments must also be approved in writing by the Department Head or their designee prior to the commencement of the training assignment.
Qualified employees who are assigned to train a new dispatcher for a minimum of one week or longer will receive compensation of five percent (5%) of their base pay per week.
Training assignments may be discontinued at any time and for any reason, and will be based, in part, upon the needs and budget of the Department.
The position that qualifies for a training pay program includes Dispatcher II (assuming all Dispatcher I flex to Dispatcher II when completing probation/training).
ARTICLE IV
FRINGE BENEFITS
Section 1 – Health Benefits and Life Insurance
A. The City will contribute $738.00 per month toward health premiums for Employee Only, $1,450.00 per month for Employee Plus One, and $1,939.00 per month for Employee Plus Family.
24 Employee Only Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, the City shall continue to pay up to 100% of the cost of Employee Only coverage for the lowest cost plan (currently Kaiser) for the duration of the MOU. The City shall continue to contribute the amount of the lowest cost plan towards health premiums for employees who choose a higher cost plan for Employee Only coverage. The employee shall continue to be responsible for paying the difference in premium costs for the higher cost plan.
Employee Plus One Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, employees enrolled in Employee Plus One coverage shall pay up to the first $30 per month in premium increase of the lowest cost plan (currently Kaiser) each year that this MOU is in effect. The same amount of increase shall apply each year to employees who choose the higher cost plan.
That is, employees who choose the higher cost plan for Employee Plus One coverage shall also pay the same amount of increase, up to the maximum $30 per year increase, as employees in the lowest cost plan, in addition to any difference in cost between the higher cost plan and the lowest cost plan they are currently contributing.
Employee Plus Family Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, employees enrolled in Employee Plus Family coverage shall pay up to the first $55 per month in premium increases of the lowest cost plan each year that this MOU is in effect. The same amount of increase each year shall apply to employees who choose the higher cost plan. That is, employees who choose the higher cost plan for Employee Plus Family coverage shall also pay the same amount of increase, up to the maximum $55 per year increase, as employees in the lowest cost plan in addition to any difference in cost between the higher cost plan and the lowest cost plan they are currently contributing.
The amount of the City’s contribution is based on the selection of the “medical” enrollment category. If an employee elects “employee only” medical coverage, then the “employee only” allowance is provided to the employee. Any contribution not utilized by the employee shall revert to the City.
B. Insurance benefits available for purchase by employees include: medical, dental, vision, and supplemental life and accidental death and dismemberment insurance.
Unless otherwise specified, City contributions cannot be used for any voluntary benefits offered to unit members.
C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above.
25 D. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B.
E. Cafeteria monies may be redesigned or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee.
F. The City shall provide each employee with $10,000 basic life insurance and $25,000 Accidental Death and Dismemberment (AD&D).
G. An employee who does not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage, and execute a “Waiver of Benefits and Release Agreement” releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who elect to waive the City’s health care insurance may receive a stipend as shall be determined by the City on an annual basis. The parties acknowledge, for the term of this MOU, health care stipends are in an amount of $3,500, will be paid to those employees who elect to waive the City’s health care insurance, and will be paid in December of the Plan Year. Employees must be employed through the end of the last payroll period in November to qualify for this benefit. Unless hired during the benefit year, employees must participate in the program for the full 12 months to receive the full stipend.
Employees on payroll on November 30 th who were hired during the benefit year and did not work the entire 12-month period shall earn the stipend on a pro-rata basis.
Employees who waived insurance benefits during Open Enrollment, but later requested to enroll in benefits prior to November 30th, will not be eligible for any portion of the stipend. Employees who elect to drop coverage mid-year are not eligible to participate in the stipend program. Health Care stipends are not considered compensation for purposes of CalPERS retirement calculations and are subject to federal and state withholding taxes.
H. The Association agrees to participate in the City’s Joint Labor-Management Health Benefits Committee (“Committee”) to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually. During the term of this MOU, the City reserves the right, and the Association agrees, to reopen this MOU on providers and/or any provision in this Section.
I. All full-time, regular employees will be covered under the City’s Long Term Disability (LTD) insurance plan. The City will pay 100% of the LTD insurance plan premiums for full-time, regular employees during the length of this MOU.
J. Employees must be in a paid status for fifteen (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable state or federal law. Members who have been suspended or discharged pending an administrative appeal shall be eligible for continuation of 26 benefits pending final disposition of the disciplinary matter by the City’s Personnel Commission.
Section 2 – Uniforms
The City shall provide uniforms to any employee required to wear a uniform.
ARTICLE V
LEAVES
Section 1 – Vacation
A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows:
Completed Years of
Continuous Service
Rate of Accrual Per Pay
Period
Equivalent Hours Per
Year
1 Year** 3.0769 hours 80 hours
5 Years 4.6153hours 120 hours
15 Years 6.1538 hours 160 hours
20 Years 7.6923 hours 200 hours
*Service year begins on initial date of employment in a full-time, regular status. ** No vacation granted or accrued if service is less than 1040 paid hours.
At the time of voluntary and involuntary termination of employment, an employee shall be entitled to receive compensation for the number of vacation hours, which have been accrued but not used. In the event said employee has been permitted to take vacation, which exceeds number of hours actually accrued, a deduction shall be made from the employee's final compensation for the number of hours in excess of the accrual.
B. The amount of accrual shall not exceed the specified number of hours granted per year.
C. Employees shall not be permitted to work in their City position in lieu of taking vacation in order to receive additional compensation.
D. Vacation credits may be accrued and accumulated up to a maximum of two (2) years total accumulated vacation credits upon approval of the Department Head, as per the 27 employee's rate of accrual. Vacations or portions thereof from a prior year may be taken consecutively with vacations or portions thereof of a succeeding year, subject to the approval of the Department Head. Except as approved by the Department Head, no vacation or portion thereof from a prior year shall run consecutively with the vacation of a succeeding year; and, a period of three (3) or more months should normally elapse between the expiration of one year's vacation and the commencement of the next year's vacation.
Requests to utilize accrued vacation shall be submitted in writing on City approved forms to the Department Head. Department Heads shall respond to vacation requests submitted on City approved forms within five (5) workdays. Department Heads shall not unreasonably delay responses to employee vacation requests. Nothing in this article shall be construed to prevent a response to the employee's request before the expiration of five (5) workdays.
The vacation period to which any employee shall be entitled shall be assigned by the Department Head in the calendar year when due, except when the Department Head with the approval of the City Manager or their designee determines that an emergency or other valid factors prevent the employee from utilizing their vacation during the calendar year when due. Should this occur, the employee's vacation should be rescheduled at the very earliest mutually acceptable date.
In the event an employee is compensated for less than fifty percent (50%) of the payroll period, they shall not be credited with any vacation accrual for that pay period.
E. Upon termination, payment for earned vacation or deduction for unearned vacation shall be made on the basis of the hourly rate of pay being received by the employee on the date of termination.
F. Whenever the terms "year" or "years of employment" appear herein, they shall be deemed to include all services for the City of San Bernardino.
G. The employee shall not lose any vacation time off due to action by the City.
H. When an employee returns to work after a break in continuous service, and when such break in continuous service shall have been by leave of absence with the approval of the City Manager or their designee, vacation time shall not accrue during such break in continuous service, but shall accrue from the date of return to service from such approved leave of absence, based upon the total length of service of the employee.
I. Employees may sell back up to forty (40) hours of vacation time per year providing that the following conditions have been met:
1. Employees must have a minimum of one hundred twenty (120) hours in their vacation balance before sell back occurs.
2. Employees must have taken a one-consecutive (1) week vacation during the past year prior to the sell back of hours.
28 3. Employees must complete a sell back form, which must include a Department Head signature.
4. Forms must be submitted to the Finance Department on or before April 15th of each year.
5. Payment for vacation sell back hours will be paid (using current Council approved salary rates in the salary resolution) on the employee’s May paycheck each year.
Section 2 – Holiday Leave
A. Holiday Leave Accrual. City Designated Holidays: Employees shall be entitled to thirteen (13) City-designated holidays, the equivalent of one hundred and seventeen (117) holiday hours each year for those employees on a 5/40 or a 9/80 regular work schedule. Those employees on a 4/10 work schedule shall be entitled to thirteen (13) City-designated holidays, the equivalent of one hundred thirty (130) holiday hours each year. The following days will be holidays for the purpose of this MOU:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
In addition to the above, all employees, including new employees, shall be credited with eighteen (18) hours of Holiday Account time per calendar year (formerly floating Holidays).
All hours of holiday leave will be credited to an employee’s account on January 1st of each year this MOU is in effect. New hire employees who are hired by the City after January 1 of the calendar year shall receive a prorated number of floating holiday leave hours, at the rate of 1.5 hours per month, based on their hire date. For example, a new employee hired on July 1 of a calendar year shall receive nine (9) hours of floating holiday leave.
B. Holiday Leave Carry-Over. On June 30th of each year that this MOU is in effect, Police Dispatch employees may carry over up to forty (40) hours of accrued holiday leave.
Any holiday leave in excess of forty (40) hours on June 30th will be forfeited. 29 C. Scheduling Holiday Leave. All full-time employees within the bargaining unit, with the exception of those employees shown in the following paragraphs, shall be allowed the above holidays at full pay when such holidays occur within the regularly assigned working periods, provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. If it becomes necessary for an employee to work on any of the above-mentioned holidays, except as provided herein, they shall receive pay at the regular rate and shall be allowed another day off at full pay as approved by the Department Head. The Department Head shall consider employees' requests for scheduling the eighteen (18) holiday account hours per calendar year, provided however, the final right to allot the hours to be observed is reserved exclusively to the Department Head. The Department Head will not unreasonably withhold permission to take time off. The employee may supplement the holiday with accrued vacation, accrued holiday time, or compensatory time.
D. Other Provisions:
1. Employees who, due to scheduling, must work on a recognized City holiday will be compensated on the basis of the number of hours worked on said holiday, excluding lunch/dinner break. The hours accruing to the employee’s holiday account for that day will be based upon the employee’s work schedule as provided in Article VI, Section I Work Periods.
2. If a holiday occurs on a normal day off for an employee, the employee shall receive no additional pay.
3. The decision as to whether in-lieu of time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the Department Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular annual vacation period, but must be taken within one (1) year of the date in-lieu time was earned.
4. On or about November 30th of each calendar year, the City Manager shall determine, and the Human Resources Department will distribute, the schedule of specific days that the above holidays will be observed. For example, holidays listed above may be allowed on a Monday, if any such holiday falls on Sunday, and may be allowed on the preceding Friday, if such holiday falls on a Saturday for all employees, except those covered by other provisions herein.
5. Holidays earned in any twelve (12) month period may not be accumulated beyond the total number of holidays allowed each year by this MOU.
E. Upon separation from the City, employees shall be paid for ninety percent (90%) of their current holiday account.
30 Section 3 – Sick Leave
A. Definition: Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease or attendance upon a member of their immediate family who is seriously ill and requires the care of or attendance of any employee. Immediate family means: husband; wife; domestic partner; grandmother; grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren; grandchildren; and, step-grandchildren.
Sick Leave Usage for Family Members: Not more than eighty (80) hours of sick leave within any calendar year may be granted to an employee for the care of or attendance upon members of their immediate family, as defined above.
Not more than forty (40) hours of sick leave within any calendar year may be approved for an employee for each absence for purposes of attending the funeral of a member of the employees' immediate family. The City may require an employee to submit evidence of eligibility to use sick leave for purposes of attending the funeral of a member of the employee's immediate family.
B. Sick Leave Usage for Employees:
1. Upon the department's request, an employee must provide a physician's statement to justify a sick leave of forty (40) consecutive hours or longer.
Employees suspected of abuse or excessive use of sick leave may also be required to furnish a written statement from their health care provider supporting the use of sick leave and/or the ability to return to work. If a physician’s statement is requested, the Department Head or their designee must notify the employee prior to or on the first day of leave. Thereafter, the employee may be required to submit additional physician statements.
2. No absence due to illness or injury in excess of forty (40) hours shall be approved, except after the presentation of satisfactory evidence of illness or injury. A certificate from a practicing physician or an authorized practicing chiropractor may be required by the Department or Division Head, and shall be subject to their approval concerning such absence. The City Manager, or their designee, may require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by a designated physician, and in the event of an adverse report, to reject such claim for sick leave, in whole or in part and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the City Manager, or their designee, may terminate sick leave compensation and reject any claim therefore. The City Manager shall have the right to require the presentation of a certificate from a practicing physician or a designated physician stating that an employee is physically or psychologically able to perform their work and duties satisfactorily before permitting an employee who has been on sick leave to return to work.
31 3. In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set for beginning their daily duties, or as may be specified in Department/Division work rules.
4. Sick leave with pay shall be granted to all regular employees and to all temporary full-time employees whose positions are funded under federal law who are regularly employed in permanent or federally-funded positions, if such benefit is required by said federal law. Sick leave shall not be considered as a right which employees may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein.
5. Whenever an employee is compensated hereunder for sick leave or injury and has not had a vacation at the end of the current calendar year, the employee must take the vacation time not utilized due to illness or injury during the next calendar year.
6. Such paid sick leave may be used for employee or family illness or for medical reasons or other reasons provided under the City’s Paid Sick Leave Policy (AB 1522) adopted by the Mayor and City Council on June 18, 2015 by Resolution 2015-116. At no time may an employee accrue more than 1,040 hours of sick leave.
C. Employees shall not accumulate sick leave while compensated under the provisions of Catastrophic Leave and Leave of Absence without Pay.
Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave usage shall not be decreased by the fact that any legal holiday occurs during the time off on account of illness. The words "legal holiday" shall have the meaning ascribed to them in Article V, Section 2. Sick leave shall not accumulate during periods of leave of absence without pay.
In the event an employee works less than fifty percent (50%) of the total normal work hours in the pay period, they shall accrue no sick leave for such pay period and shall not be credited with the 3.6923 hours sick leave.
Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only.
Whenever an employee uses all allowable sick leave, further absences may be charged against accrued vacation upon approval of the Department Head. If all allowable sick leave has been used and use of accrued vacation is disapproved, the employee will take loss of pay for the time not covered by allowable sick leave.
Section 4 – Payment of Sick Leave
32 A. Payment for Unused Sick Leave: At the time of retirement only, employees are eligible for compensation for unused post-petition sick leave as follows: a) 288 hours or less = no cash value; b) 289-479 = cash payment of 20% of accrued post-petition sick leave; c) 480-959 = cash payment of 25% of accrued post-petition sick leave; d) 960 or more hour = cash payment of 35% of accrued post-petition sick leave.
B. Sick Leave Sell Back: On or before February 15th of each year this MOU is in effect, eligible employees will be allowed to cash out up to forty (40) hours of sick leave per year, providing the employee has at least three hundred and twenty (320) hours in their sick leave account after the sell back.
Employees must complete a sell back form, which must include the Department Head’s signature. Forms must be submitted to the Finance Department on or before February 15th each year.
Payment for sick leave sell back will be paid (using the current City Council approved salary rates in the salary resolution) to employees in their March payroll check.
Section 5 – Election Leave
If an employee does not have sufficient time outside of working hours to vote at a statewide election, time off with pay to vote in any general or direct primary elections shall be granted as provided in the State of California Elections Code. Notice that an employee desires such time off shall be given in accordance with the provisions of said Code.
Section 6 – Witness Leave
Employees shall only be entitled to a paid leave of absence when subpoenaed to testify as a witness in civil litigation involving the City, such subpoena being properly issued by a court, agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in any case in which the subpoenaed employee is a party to the action. Witness leave shall not be charged against any accumulated leave balances and shall be compensated at the employee's base hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the subpoena to the City within twenty-four (24) hours of receipt.
Section 7 – Jury Duty
Every general permanent employee of the City of San Bernardino and every employee, whose position is funded under federal law or is employed in a federally funded position, if such benefit is required by said federal law, are covered by this section.
Employees shall provide prior notice to their supervisors regarding jury service. In cases where the completion on any day of such jury service does not exceed a period of four (4) hours duration of the employee's assigned work shift, it shall be the responsibility of 33 the employee to return to work within a reasonable time after their release or discharge from such jury service on that day. However, where such employee is required to continue in jury service for a period in excess of four (4) hours duration on any such regularly scheduled working day, said employee shall not be required to work on that same day of their release or discharge from jury duty. If the start of the employee's shift is two (2) hours or more prior to the commencement of jury duty, the employee shall be required to report to work. This is subject to adjustment based on the location of jury service.
Under such circumstances of compensable jury service, every general permanent employee or every federally funded general employee as aforesaid, shall be paid their regular pay, less jury duty fees while serving on jury duty, provided a copy of all jury fees paid to the individual employee, less automobile expenses allowed, are submitted to the City Finance Department.
Employees shall notify their superiors of any call for jury service promptly upon receipt of notice thereof, and of any absence from duties due to such jury service in order that a replacement or substitute may perform their duties. When an employee fails to promptly report the receipt of a call to jury service when so required, or fails to promptly notify their superiors regarding the absence for jury service, said employee shall be considered as absent without leave and no salary compensation shall be paid.
In the event, during the course of any jury service, an employee is ordered by a judge or other officially recognized judicial body into a state of sequester, the employee shall be paid the regular wage during such time of sequester without supplement from any accrued bank of time.
Any employee who is summoned to Grand Jury Service shall be entitled to all benefits, restrictions and requirements of this section.
The City will pay for all working days and/or partial days in a calendar year of a covered employee who is required to serve jury duty.
Whenever a covered employee is duly summoned as a witness, except where the employee is a litigant or defendant in a criminal case or any action brought about as a result of their own misconduct, they shall receive regular compensation for any regularly scheduled working hours spent in actual performance of such service.
Section 8 – Other Leaves
The City complies with the applicable provisions of the Federal Family and Medical Leave Act (FMLA), the Federal Pregnancy Discrimination Act (PDA), the California Family Rights Act of 1992 (CFRA), the California Pregnancy Disability Leave Law (PDL), and other medical and/or family leave benefits applicable under both Federal and California Rights Act of 1992 (CFRA), the California Pregnancy Disability Leave Law (PDL), and other medical and/or family leave benefits applicable under both Federal and California law. Applicable California and Federal statutory rights and obligations regarding leaves of absence which now exist or that may become in effect during the term of this MOU and are not specifically addressed in this MOU are incorporated by reference, or addressed in a City Uniform Policy. City policies and 34 procedures for administering current and new laws and regulations impacting employee leaves and benefits are available from the City’s Human Resources Department.
ARTICLE VI
WORKING CONDITIONS
Section 1 – Work Periods
A. City Work Schedules: City work schedules shall be as herein defined, except as otherwise provided for:
1. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty (40) hour work week consisting of four (4), ten (10) hour workdays, exclusive of any meal periods assigned by management.
2. 3/12.5 Work Schedule: The 3/12.5 work schedule shall consist of three (3) consecutive 12.5-hour workdays, inclusive of any meal periods assigned by Management. Additionally, with each 28-day work period, employees assigned to the 3/12.5 schedule shall work one (1) 10-hour shift, which shall be scheduled on a day immediately before or after the employee’s regular three- day workweek and shall not include any hours outside of the employee's normal working hours.
The parties agree to collaborate in identifying a schedule that effectively supports the operational requirements of the dispatch center and appropriately serves the needs of the community.
Work schedules shall be posted on all department bulletin boards showing the employee's shift, workdays and where known, hours.
B. Work Schedule Adjustments: It is understood and agreed that Department Heads shall establish such work schedules as may be necessary for the efficient and economical provision of services for the public, and to make such adjustment in work shifts as are from time to time required. The City shall give the employees and the Association two (2) weeks’ notice of any proposed changes in scheduled work shifts prior to implementation. If the Association wishes to consult with management regarding the proposed changes, it shall notify the City within seven (7) calendar days from receipt of notice. Upon notification by the Association, both parties shall meet within ten (10) calendar days in an earnest effort to reach a mutually satisfactory resolution of any problems arising as a result of the proposed changes. Work schedule changes resulting from an emergency situation or circumstances, which disrupt normal City operations as determined by the Department Head, are not bound by the two (2) week notice requirement.
If a light-duty assignment for an employee will result in a shift change, e.g., from day shift to graveyard shift, the City shall give the employee and the Association two (2) weeks’ notice of any proposed shift changes prior to implementation. The procedures described in the first paragraph of Section B above shall apply. 35 1. This section does not include minor adjustments in the starting and ending times of employee shifts.
2. During the two-week notification period, the employee continues on current status/schedule.
ARTICLE VII
GENERAL PROVISIONS
Section 1 – Full Understanding; Waiver
The parties acknowledge that during the meet and confer process which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, ordnance, resolution, personnel and departmental rules and regulations, from the scope of negotiable issues and that the understandings arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Association, for the life of this MOU, each voluntarily and unqualifiedly waives the right to meet and confer and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU or with respect to any subject or matter not specifically referred to or covered in this MOU, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU.
The express provisions of this Agreement for its duration constitute the complete and total contract between the City and Association with respect to wages, hours, and other terms and conditions of employment. Any prior or existing Agreement between the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety.
It is also agreed and understood that nothing in this article shall diminish the rights of the City to exercise its rights under the Management Rights article nor diminish the rights of the Association to meet and confer/consult on the impact of proposed changes in accordance with applicable law.
Section 2 – Severability
It is understood and agreed that this MOU is subject to all current and future applicable federal and state laws and regulations and the current provisions of the charter, ordinances, resolutions and of the rules and regulations of the City. If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of those federal, state or city enactments, or it is otherwise held to be invalid or unenforceable by any court or competent jurisdiction, such part or provision shall be superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the MOU. 36 Section 3 – Support of Agreement
By entering into this MOU, the City and the SBPDA have arrived at a final understanding through the meet and confer process, resolving any differences which may have arisen during that process. Accordingly, it is agreed that the SBPDA and the City will support the MOU for its term and for purposes of Association ratification and Council Approval. Nothing contained in this MOU shall become binding upon the parties until such time as the City Council, by legislative enactment and allocation of funds, agrees and adopts its terms and conditions.
Section 4 – Term of Memorandum of Understanding
The term of this MOU extends through June 30, 2028. The MOU may be extended up to two (2) additional years by mutual agreement of the parties based on the results of the classification and compensation study in fiscal year 2027-28.
If negotiations regarding an MOU are in progress at the time the current MOU expires or if the parties are at impasse, terms and conditions of the current MOU shall remain in effect, as required by law, until a successor MOU is adopted by the Mayor and City Council, or other action is taken to implement the terms and conditions in accordance with law. During the term of this MOU, the provisions regarding allocation, use, and payoffs for pre-petition leave time provided in side letter 2015-271 shall continue to be in effect.
Section 5 - Notice of Intent to Reopen
The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, it shall notify the other party at least one hundred twenty (120) days before the expiration of the MOU. Such notice of intent to reopen shall include a request for a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party.
37 SAN BERNARDINO POLICE DISPATCH ASSOCIATION (“SBPDA”)
MEMORANDUM OF UNDERSTANDING
2025 – 2028
Executed this _______ day of ____________________, 2025 ___________________________ ___________________________ City Manager Victoria Fish, President
___________________________
David Evans, Vice President
ATTEST:
___________________________
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
___________________________
38 INDEX
Subject Page
Agency Personnel Rules ................................................................................................. 7 Association Logos ......................................................................................................... 16 Bilingual Pay ................................................................................................................. 23 Budget Documents ....................................................................................................... 15 Call-Back/Standby Assignment & Pay........................................................................... 21 Classification/Compensation Study .............................................................................. 17 Definition of Terms .......................................................................................................... 4 Election Leave .............................................................................................................. 32 Employee Lists .............................................................................................................. 15 Employee Orientation ................................................................................................... 15 Employee Rights ............................................................................................................. 6 Employee Representatives ........................................................................................... 13 Full Understanding; Waiver ........................................................................................... 35 Health Benefits and Life Insurance ................................................................................ 24 Higher Acting Classification Pay .................................................................................... 20 Holiday Leave ............................................................................................................... 28 Labor-Management Committee .................................................................................... 13 Management Rights ........................................................................................................ 5 New Employee Information ........................................................................................... 16 No Strike ....................................................................................................................... 13 Notice of Intent to Reopen ............................................................................................. 37 Other Leaves ................................................................................................................ 34 Overtime ....................................................................................................................... 18 Parties to MOU ............................................................................................................... 5 Payment of Sick Leave .................................................................................................. 32 Payroll Deduction for Dues ………………………………................................................. 14 Recognition ..................................................................................................................... 5 Recognition/ Security .................................................................................................... 13 Retirement Benefits ...................................................................................................... 18 Safety Committee ......................................................................................................... 12 Salaries ......................................................................................................................... 17 Severability ................................................................................................................… 36 Shift Differential ............................................................................................................. 23 Sick Leave .................................................................................................................... 30 Special Event Overtime ................................................................................................. 19 Support of Agreement ................................................................................................... 36 Term of Memorandum of Understanding ....................................................................... 36 Training Pay .................................................................................................................. 23 Uniforms ....................................................................................................................... 26 Vacations ...................................................................................................................... 26 Work Periods ................................................................................................................ 34