POLICE
MANAGEMENT
ASSOCIATION
MEMORANDUM
OF
UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
And
The San Bernardino Police Management Association
July 01, 2025, to June 30, 2028
2 TABLE OF CONTENTS
Article/Section Title NO.
Definition of Terms ..........................................................................................4 ARTICLE I Administration ............................................................................................. 6 Section 1 – Parties to MOU .............................................................................................. 6 Section 2 – Management Rights ...................................................................................... 6 Section 3 – Mutual Aid …………....................................................................................... 7 Section 4 – Employee Rights ........................................................................................... 7 Section 5 – Agency Personnel Rules & Uniform Policies ................................................. 7 ARTICLE II Employer-Employee Relations ................................................................... 8 Section 1 – Recognition/ Union Security .......................................................................... 8 Section 2 – No Strike ………............................................................................................. 8 Section 3 – Payroll Deduction ……………........................................................................ 9 Section 4 – Grievance Procedure ..................................................................................... 9 Section 5 – Employee Representatives ………............................................................... 12 Section 6 – Investigation Rights ……………...…………………....................................... 13 Section 7 – Non-Discrimination ...................................................................................... 14 Section 8 – Personnel Files ............................................................................................ 14 Section 9 – Political Activities ..........................................................................................14 Section 10 – Use of City Resources ................................................................................. 14 Section 11 – Prospective Lawsuits ................................................................................... 15 ARTICLE III Compensation ………………….................................................................. 15 Section 1 – Salaries........................................................................................................ 15 Section 2 – PERS/ Retirement Plan ............................................................................... 16 Section 3 – Compensation Reimbursable Overtime for Working Contractual Events ..... 16 Section 4 – Assignment to Higher Position ..................................................................... 17 Section 5 – Optional Cell Phone Allowance ................................................................... 17 Section 6 – POST Incentive ........................................................................................... 17 Section 7 – Court Fines ………………………………....................................................... 18 Section 8 – Bilingual Pay ..…………………..................................................................... 18 Section 9 – Physical Fitness Program …………………………………….......................... 18 Section 10 – Technology Allowance ………...................................................................... 19 Section 11 – Longevity Pay ……………............................................................................ 19 Section 12 – Education Pay ……………........................................................................... 19 ARTICLE IV Fringe Benefits …………………................................................................. 20 Section 1 – Health/ Life Insurance – Active Employees .................................................. 20 Section 2 – Uniform Allowance ……………………………............................................... 22 Section 3 – Professional Development………………….................................................. 22 Section 4 – Deferred Compensation …………………………………………..................... 22 3 Section 5 – Safety Equipment ………………………………………………....................... 23 ARTICLE V Leaves …………………............................................................................... 23 Section 1 – Pre-Petition Leave Banks ............................................................................ 23 Section 2 – Vacation ……............................................................................................... 23 Section 3 – Holidays ………............................................................................................ 25 Section 4 – Sick Leave ................................................................................................... 26 Section 5 – Payment for Unused Sick Leave .................................................................. 27 Section 6 – Injury Leave …….......................................................................................... 28 Section 7 – Administrative Leave …................................................................................ 28 ARTICLE VI Working Conditions …………………......................................................... 29 Section 1 – Work Schedules ………................................................................................ 29 Section 2 – Probationary Period …….............................................................................. 29 Section 3 – Seniority …………...……….......................................................................... 29 Section 4 – Reemployment ............................................................................................ 29 Section 5 – Physical Examinations ................................................................................. 30 ARTICLE VII General Provisions …………………........................................................... 30 Section 1 – Term ………………………........................................................................... 30 Section 2 – Notice of Intent to Reopen ........................................................................... 30 Section 3 – Severability ……………................................................................................ 30 Section 4 – Entire Agreement and Waiver Clause ……….….......................................... 30 Section 5 – Prevailing Benefits …………………………………….…................................ 31 SIGNATURE PAGE ………………………………………….…………………………………. 32
4 DEFINITION OF TERMS
Appointing
Authority: The Chief of the San Bernardino Police Department. In the Chiefs absence, the Assistant Chief will be the appointing authority.
Appropriate
Unit: Those positions recognized as belonging to the unit covered by the terms of this MOU.
Association: The San Bernardino Police Management Association (SBPMA).
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.
Chief: The Chief of Police of the City of San Bernardino.
City: The City of San Bernardino.
Continuous
Service: Five-sixths (5/6) of the available compensable days within the 12 month period immediately preceding the date of the employee’s return to service. 217 days for employees working 8-hour shifts and 173 days for employees working 10-hour shifts.
Department: The San Bernardino Police Department.
Division: Any one of the major Divisions of the Department.
Employee: All Management Personnel within the classifications in this appropriate unit.
5 Employee
Organization: The San Bernardino Police Management Association (SBPMA).
Employer: Shall include the City of San Bernardino, and the City of San Bernardino Police Department.
Mandatory and
Permissive: “Shall” is mandatory, “may” is permissive.
Memorandum of
Understanding
(MOU): Shall mean the contractual obligation between the City and the employees of the Unit.
Singular and Plural: The singular also includes the plural.
Years of
Employment: Shall include all full-time services for the City of San Bernardino unless otherwise stated
6 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 Management Association (“Association”), in accordance with Government Code Sections 3500 et seq.
Section 2 – 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 has prior to entering into this MOU, except to the extent that the provisions of the MOU specifically curtail or limit such rights, powers and authority.
Furthermore, the City retains all rights, powers and authority under City Charter, Ordinances, Resolutions, State and Federal law, and expressly and exclusively to:
determine the mission of its constituent departments, commissions and boards; set standards of selection for employment and promotion; direct its employees;
establish and enforce dress and grooming standards;
maintain the efficiency of governmental operations;
determine the methods, means, numbers and kinds of personnel by which government operations are to be conducted;
determine the content and intent of job classifications; determine methods of financing;
determine style and/or types of City issued wearing apparel, equipment or technology to be used, provided that no such measures which threaten the safety of employees shall be adopted;
determine and change the facilities, methods, technology, means, organizational structure, size and composition of the work force and allocate and assign work by which the City operations are to be conducted, provided however, that no such measures which threaten the safety of employees shall be adopted; 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 subject to all applicable meet and confer obligations; assign work to and schedule employees in accordance with requirements as determined by the City; and establish and change work schedules and assignments as set forth in the MOU;
establish and modify productivity and performance programs and standards; layoff, discharge, suspend, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline 7 employees in accordance with the applicable law;
establish employee performance standards, including but not limited to, quality and quantity standards;
take necessary actions 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 3 – Mutual Aid
Nothing herein shall in any way be construed to limit the use of any public safety agency or any member in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this article be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is indeed necessary or desirable by the jurisdictions or the agencies involved.
Section 4 – Employee Rights
Employees shall have all the rights, which may be exercised in accordance with state law, federal law, the Charter and applicable ordinances, resolutions, rules and regulations, including:
A. 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.
B. The right to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City.
C. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal by other employees, employee organizations, management or supervisors as a result of their exercise of rights indicated in (A) and (B) above.
Section 5 – Agency Personnel Rules and Uniform Policies It is understood and agreed that there exists within the City the “Civil Service Rules and Regulations for the Classified Service”; Resolution No. 10584, Establishing Uniform and 8 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.
These documents will continue in effect, except for those provisions modified by the City Council in accordance with any applicable state or federal laws, orders, regulations, official instructions or policies. In the case of proposed changes by other than agreement, the City shall consult with the Association or meet and confer when required by statute. In cases of emergency, the Association and City will meet as soon as possible after the changes. In addition, the Association shall have the right to meet and consult with the City on any relevant employment Uniform Policies the City proposes to implement.
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section 1 – Recognition/ Union Security
Formal recognition of the Association is acknowledged for purposes of meeting and conferring on wages, hours, working conditions and other terms and conditions of employment and of general representation of its members. The Association has been recognized formally as the majority representative of the appropriate unit composed of Police Managers in the San Bernardino Police Department, including but not limited to, the following classifications: Police Lieutenant; Police Captain; and, Police Assistant Chief. These positions are recognized regardless of assignment, receipt of incentive pay or acting in a higher position.
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 heretofore existed between the City of San Bernardino and the employee organization. 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 its citizens. The Association and City hereby agree that they shall at no time nor 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 of 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, including but not limited to, “blue flu” or strikes, at any time during the term of this MOU. The parties shall endeavor to discourage any such work disruptions or curtailment and shall make affirmative efforts to return employees to their jobs in the event that a work disruption occurs. 9 Section 3 – Payroll Deduction
It is agreed that the Association membership dues, insurance and premiums for plans sponsored by the Association 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 and insurance premiums 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 and insurance premiums were deducted.
The Association acknowledges that it has and will continue to comply with all applicable requirements and laws pertaining to dues and other deductions. The City shall not be liable to the Association, employees or any other persons, financial or otherwise, by reason of the requirements of this section for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Association shall indemnify, defend and 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.
Section 4 – Grievance Procedure
A. Purpose. The City of San Bernardino and the Association realize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors and management. It is recognized that to maintain high employee morale and harmonious relations, an orderly method of processing grievances is necessary.
This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints.
The representative of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process.
The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on their standing with their supervisors or their loyalty as a City employee, nor be a reflection on the employee’s supervisor or the department involved, unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process.
B. Definition. A grievance is an alleged violation of the terms of this MOU or of the application of any laws, ordinances, practices, resolutions or regulations concerning or affecting wages, hours or other conditions of employment except as excluded in the following paragraph. The remedy selected by the employee shall be the sole and exclusive remedy pursued, either through the grievance procedure or through appeals to the Personnel Commission, as may be applicable. However, nothing herein shall be interpreted as relinquishment of the rights set forth in City of San Bernardino Charter Sections 253, 254, and 255.
10 Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer. Alleged violations of the Employer-Employee Relations Ordinance shall be processed through the procedure contained therein.
C. Representation. The aggrieved employee shall have the right to be represented. This representation may commence at any step in the grievance procedure. Legal counsel and/or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless they so desire. If the employee’s legal counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the MOU.
D. Consolidation of Grievances. In order to avoid the necessity of processing numerous similar grievances at one time, a single grievance may be filed or multiple grievances may be consolidated into a single grievance.
E. Time Limits. Time limitations are established to settle a grievance quickly. Time limits may be modified by agreements of the parties. If at any stage of the grievance procedures the grievant is dissatisfied with the decision rendered, it shall be the grievant’s responsibility to initiate the action, which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal grievance may be entertained in or advanced to any step if the parties jointly so agree.
F. Steps in the Grievance Procedure. The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee’s grievance. An attempt to settle the grievance in the informal structure at the employee-supervisor level is required. The grievance must be submitted to the informal step as soon as possible but in no event later than within thirty (30) working days of the incident causing the grievance or the grievant becoming aware of the event or act giving rise to the grievance. When a grievance is filed by (1) the Association (as opposed to an individual), or (2) the matter complained of originated at the Police Chief’s level, the initial grievance shall be filed at Step 3, 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.
Note. If the employee chooses to appeal disciplinary action to the Personnel Commission, they shall be precluded from filing a grievance or any other parallel appeal. The filing of a lawsuit during the grievance process shall automatically terminate the further processing of the grievance.
The date and the subject of the incident should be provided with the request for the informal meeting.
11 1. Informal. Initially, the grieving employee shall on a personal face-to-face basis discuss their complaint with their immediate supervisor informally.
Within fifteen (15) calendar days, the supervisor shall give their decision to the employee orally.
2. Formal.
Step 1. Written Grievance to Supervisor. If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to their immediate supervisor. This must be accomplished within fifteen (15) calendar days of being informed of the supervisor’s informal decision. Within fifteen (15) working days of receiving the written notification of the employee’s grievance, the supervisor may meet with the employee and thoroughly discuss the grievance. The employee may appear personally and may be represented by a representative of their choice. In any event, the supervisor shall give a written decision to the employee within fifteen (15) calendar days after receipt of the written grievance.
Step 2. Meet with the Assistant Chief. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the Assistant Chief, who may follow the steps outlined in Step 1 above. In any event, the assistant chief shall give a written decision to the employee within fifteen (15) calendar days after receipt of the grievance.
Step 3. Meet with Chief. If the grievance has not been satisfactorily resolved at this level, it may be appealed fifteen (15) calendar days to the Chief, who may follow the steps outlined in Step 2 above. In any event, the Chief shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the Director of Human Resources.
Step 4. Review by the Director of Human Resources. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within fifteen (15) calendar 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 union representative within fifteen (15) calendar days after receipt of the appeal. The designated City representative shall deliver their answer in writing to the employee within fifteen (15) calendar days after the meeting.
Step 5. Final Step.
12 a. If the grievance is still not adjusted, the aggrieved party, with the agreement of the Association, may file a written appeal with the City Manager or their designated representative within fifteen (15) calendar days from the date of delivery of said answer, stating in writing the facts and basis of the complaint and the desired result.
b. The grievance shall then be heard by a neutral hearing officer selected by the Parties from a list provided by the State Mediation and Conciliation Service, whose decision shall be advisory to the City Manager. Grievances shall only be advanced to advisory arbitration with the agreement of the Association. The cost for hearing all grievances advanced to an advisory arbitration hearing shall be split equally between the City and Association, including any cancellation fee if both parties are mutually responsible, otherwise the party responsible shall pay the entire cancellation fee.
c. The City Manager or their designated representative shall deliver their answer in writing within fifteen (15) calendar days after receipt of the hearing officer’s advisory decision.
d. The decision of the City Manager or their designated representative is final and binding on all parties, unless reversed by a court decision.
e. All grievances shall be treated as confidential, and no publicity will be given the final resolution of the grievances.
Section 5 – Employee Representatives
When requested by an employee, a Job Representative (Job Rep) may investigate any alleged grievance in the department and assist in its presentation. The representative shall be allowed reasonable time therefore during working hours without loss of time or pay, upon notification and approval of their immediate supervisor, with the concurrence of the division or department head. The privilege of a Job Rep to leave work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Rep will not be granted time off or compensation for the purpose of handling grievances outside this unit.
Section 6 – Investigation Rights
13 When an employee is under investigation and subjected to interrogation by their commanding officer or any other member of the department, which could lead to punitive action, such interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action is defined as any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for purposes of punishment.
The Police Department will make a good faith effort to conclude within 90 calendar days any investigation that could lead to discipline of a unit member.
For disciplinary appeals, the member may request that a neutral hearing officer hear the matter and submit a proposed decision to the City’s Personnel Commission. The Commission shall review the decision and recommended discipline, and either adopt the findings and the disciplinary action in its entirety, modify the recommended disciplinary action, and/or request additional findings from the hearing officer. The Commission shall retain jurisdiction of final disposition of the disciplinary action.
The Police Department will exclude disciplinary action, which is not final in preparing performance evaluations. However, the Police Department retains the right to consider such disciplinary action, once finalized, in subsequent performance evaluations, ratings for promotions and so forth.
If an employee on the graveyard shift wishes to appeal a disciplinary action to the Personnel Commission, the employee’s shift may be rescheduled to the day shift on the date of the Personnel Commission meeting, provided that the shift change is for the disciplined employee only and the employee requests the shift change in advance through the chain of command.
The City hereby adopts and incorporates herein by reference all provisions of the Public Safety Officers’ Procedural Bill of Rights (Government Code Section 3300, et. seq.).
Lawful Exercise of Rights; Insubordination; Administrative Appeal.
A. No employee shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment because of the lawful exercise of the rights granted herein or the exercise of any rights under any existing administrative grievance.
Nothing in this section shall preclude a head of an agency from ordering an employee to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge them with insubordination.
B. No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the employee with an opportunity for administrative appeal.
Section 7 – Non-Discrimination
14 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, religion, or any other basis as required by federal, state, or local law.
Section 8 – Personnel Files
No member shall have any comment adverse to their interest entered in their personnel file as described in PC 832.8, or any other files used for any personnel purposes by the employer, without the member having first read and signed the instrument containing the adverse comment indicating they are aware of such comment, except that such entry may be made if after reading such instrument, the member refuses to sign it. Should a member refuse to sign, that fact shall be noted on the document and signed or initialed by such officer.
A member shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to and accompany the adverse comment.
In all instances other than a written warning or commendation, the consultation reports will be purged from the supervisor’s file in compliance with departmental standard operating procedures. Citizen/internal complaints will be purged from the Internal Affairs files in compliance with the departmental Standard Operating Procedures.
Section 9 – Political Activities
Except as otherwise provided by law or whenever on duty or in uniform, no employee shall be prohibited from engaging in or be coerced or required to engage in political activity.
Section 10 – Use of City Resources
The Association may be granted permission to use department facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by the Association from the Chief or a designated representative. The Association shall be held fully responsible for any damages to and the security of any facility that is used by the Association.
The department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards may be used for the following notices.
A. Scheduled Association meetings, agenda and minutes;
B. Information on Association elections and results;
15 C. Information regarding Association special, recreational and related bulletins; D. Reports of official business of the Association, including reports of committees or the Board of Directors;
E. MOU, pay scales, job announcements, promotion lists, etc.
Posted notices shall not be obscene or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Association and should have prior written approval of the Chief or an authorized representative. Denial of approval shall not be arbitrary or capricious or discriminatory.
Section 11 – Prospective Lawsuits
The Association and City agree that prior to filing a lawsuit, they shall notify the other party of their intent and shall meet within thirty (30) days to attempt resolution of the matter in question with the intent of reaching a mutually acceptable solution.
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 three percent (3%) to reflect a cost-of-living increase (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 percent (3%).
Effective the first full pay period following July 1, 2027, the salary ranges for all unit members shall be increased by three percent (3%).
Section 2 – PERS/ Retirement Plan
A. Retirement Benefits. SBPMA members are provided retirement benefits under the Public Employee’s Retirement System (CalPERS) as follows.
Tier I: Employees hired prior to September 1, 2011 shall receive a 3% @ 50 retirement benefit;
16 Tier II: CalPERS "Classic Members" hired on or after September 1, 2011 shall receive a 3% @ 55 retirement benefit;
Tier Ill: CalPERS "New Members" hired on or after January 1, 2013 and December 31, 2015 shall receive a 2.7% @ 57 retirement benefit in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA);
Tier IV: CalPERS “New Members” hired on or after January 1, 2016 shall receive a
2.5% @ 57 retirement benefit in accordance with PEPRA.
B. Required Bargaining Unit Member Contributions.
CalPERS classic members shall contribute 12% of compensation earnable as member contributions toward their retirements.
CalPERS “new members” shall contribute member contributions of 50% of the normal costs in accordance with Government Code § 7522.30.
C. In accordance with Government Code § 21624 and § 21635, the “post survivors’ retirement” benefit provided under the City’s contract with CalPERS shall be provided to all employees.
D. For Tier I and Tier II employees, the final compensation period will be single highest year as provided under the City’s contract with CalPERS.
Section 3 – Compensation Reimbursable Overtime for Working Contractual Events Association members who are required to 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 overtime, (either straight time or premium overtime) in accordance with the contract between the City and the third party. The City and the SBPMA acknowledge that this provision shall not result in any additional cost to the City.
Section 4 – Assignment to Higher Position
An employee of the department temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive days shall receive the pay for the higher classification (e,g., lieutenant would be paid captain pay) or 5% above their current compensation, whichever is greater. In no event shall the base salary exceed the top step (if a top step is defined) of the higher classification in which the employee is acting. The Chief shall certify monthly as to the assignment and the period of time worked in the higher rank to validate entitlement to the higher salary. 17 The determination as to whether higher acting pay (also referred to as Temporary Upgrade Pay by CalPERS) is pensionable shall be determined by CalPERS. However, such pay is currently generally considered pensionable compensation only under the following conditions: 1) the employee is fully relieved of the duties of their regular position during the acting assignment and is performing the full scope of duties associated with the higher classification; and 2) the employee is a Classic Member as defined by the CalPERS system.
Employees classified under the Public Employees’ Pension Reform Act (PEPRA) are not eligible to have higher acting pay reported as pensionable compensation.
Substantive addition of duties of a higher-level classification to an employee’s budgeted position should be considered for a classification study.
Section 5 – Optional Cell Phone Allowance
Employees who are required to have cell phones for conducting City and Department business may, in lieu of receiving a City issued paid cell phone, elect to maintain a personal cell phone for that purpose. Employees who select this option are entitled to be reimbursed $65.00 per pay period.
Section 6 – POST Incentive
All police officers shall be entitled to receive in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below.
A. Two hundred dollars ($200) additional compensation per month shall be paid each police officer who has obtained a Peace Officer Standards Training (POST) Intermediate Certificate; Effective the first full pay period following January 1, 2026, the amount will be increased to two hundred and fifty dollars ($250). Effective the first full pay period following January 1, 2027, the amount will be increased to two hundred and seventy-five dollars ($275). Effective the first full pay period following January 1, 2028, the amount will be increased to three hundred and twenty-five dollars ($325); or,
B. Seven hundred dollars ( $700) additional compensation per month shall be paid each employee who has obtained a POST Advanced Certificate. Effective the first full pay period following January 1, 2026, the amount will be increased to seven hundred and fifty dollars ($750). Effective the first full pay period following January 1, 2027, the amount will be increased to seven hundred and seventy-five dollars ($775). Effective the first full pay period following January 1, 2028, the amount will be increased to eight hundred and twenty-five dollars ($825); or,
C. Two hundred seventy-five dollars ($275) additional compensation per month shall be paid to each employee who has obtained a POST Supervisory Certificate; Effective the first full pay period following January 1, 2026, the amount will be increased to 18 seven hundred and seventy-five dollars ($775). Effective the first full pay period following January 1, 2027, the amount will be increased to eight hundred dollars ($800). Effective the first full pay period following January 1, 2028, the amount will be increased to eight hundred and fifty dollars ($850);or, D. One thousand four hundred and eighty-five dollars ($1,485) additional compensation per month shall be paid each employee who has obtained a POST Management Certificate.
Section 7 – Court Fines
The City shall pay for court fines imposed upon each member as a result of their conviction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment, which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member.
Section 8 – Bilingual Pay
Effective the first full pay period following July 1, 2025, up to two (2) employees from SBPMA who pass the City's bilingual proficiency exam shall be compensated at $250 per month.
Additional employees may be eligible based on consideration of such factors as critical need and financial resources or constraints. The City Manager or designee shall retain the right to select and determine the total number of eligible employees. The City shall reserve the right to determine languages for which testing will be conducted. Such incentive shall be paid on a bi-weekly basis.
Section 9 – Physical Fitness Program
Effective the first full pay period following October 1, 2025, SBPMA members who pass the required testing shall receive $250 per month. In order to qualify to obtain and maintain this incentive pay in subsequent fiscal years, an employee must pass the required testing prior to the following fiscal year (e.g. May/June for FY 26/27. Such incentive shall be paid on a bi- weekly basis. Those employees who are unable to test during this period (i.e. those newly promoted) may test outside this testing schedule to receive this incentive pay beginning the pay period after the qualification is obtained.
Section 10 – Technology Allowance
SBPMA members require up to date technology to efficiently manage Department operations. In lieu of receiving city issued technology, such as desktop computers, laptops, tablets, printers, scanners, and software employees may elect to utilize their own 19 technological equipment. SBPMA members shall receive an annual technology allowance of $500 to be paid on a bi-weekly basis.
Section 11 – Longevity Pay
Each employee with twenty (20) or more years of compensated service to the City shall receive longevity pay of seven hundred dollars ($700) per month. Effective the first full pay period following July 1, 2025, a twenty-five (25) year level will be established at $1,000 per month.
Effective the first full pay period following July 1, 2026, each member with twenty (20) years of completed service will receive $750 per month and each member with (25) years of completed service will receive $1,050 per month.
Effective the first full pay period following July 1, 2027, each member with twenty (20) years of completed service will receive $800 per month and each member with twenty-five (25) year of completed service will receive $1,100 per month.
Section 12 – Education Pay
All SBPMA members shall be entitled to receive in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below.
A. Each Lieutenant who has obtained a Bachelor’s Degree shall receive two hundred and fifty dollars ($250) per month; if a Graduate Degree or higher is obtained, they shall receive three hundred dollars ($300) per month. Each Captain and Assistant Chief who has obtained a Graduate Degree or higher shall receive four hundred and fifty dollars ($450) per month.
B. Effective the first full pay period following July 1, 2026, each Lieutenant who has obtained a Bachelor’s Degree shall receive three hundred dollars ($300) per month; if a Graduate Degree or higher is obtained, they shall receive four hundred dollars ($400) per month. Each Captain and Assistant Chief who has obtained a Graduate Degree or higher shall receive five hundred and fifty dollars ($550) per month.
C. Effective the first full pay period following July 1, 2027, each Lieutenant who has obtained a Bachelor’s Degree shall receive three hundred and fifty dollars ($350) per month; if a Graduate Degree or higher is obtained, they shall receive five hundred dollars ($500) per month. Each Captain and Assistant Chief who has obtained a Graduate Degree or higher shall receive six hundred and fifty dollars ($650) per month.
ARTICLE IV
FRINGE BENEFITS
Section 1 – Health/Life Insurance - Active Employees
20 A. During the term of this agreement the City’s Contributions for Healthcare benefits shall be as follows:
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 given to the employee. Any contribution not utilized by the employee shall revert to the City.
The City’s monthly contributions towards employees’ cafeteria benefits shall be as follows: $1008.00 for employee only, $1,450.00 for employee plus one and $1,939.00 for Family coverage.
Employee Only 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 Only coverage shall pay up to the first $10 per month in premium increases of the lowest cost plan (currently Kaiser) each year that this Agreement 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 Only coverage shall also pay the same amount of increase, up to the maximum $10 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 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 Agreement 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 +1 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 (currently Kaiser) each year that this Agreement 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. 21 B. Insurance benefits available for purchase by employees include: medical, dental, vision, supplemental life and accidental death and dismemberment insurance.
However, City contributions cannot be used for any voluntary benefits offered to members through Colonial Life.
C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above.
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. The City shall provide each employee with $50,000 term life insurance and $50,000 Accidental Disability and Dismemberment (AD&D).
F. The City shall pay funeral expenses of up to $10,000 for a police officer killed in the line of duty.
G. Enrollment in City insurance plans is subject to the regulations availability established by each plan’s provider.
H. 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 of $2,500 on the first pay period in December. 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 30th 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.
I. The SBPMA 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.
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 22 benefits pending final disposition of the disciplinary matter by the Personnel Commission.
Section 2 – Uniform Allowance
A. Rain Gear. The City shall continue its current method to provide appropriate duty rain gear for personnel.
B. Utility Uniforms. Each employee of the bargaining unit shall be furnished one utility uniform. Said uniform shall be maintained in assigned lockers or in the vehicle available for use at all times.
C. Uniform Allowance. Each employee in the bargaining unit shall receive an annual uniform allowance of $950. Such uniform allowance shall be paid on a bi-weekly basis.
New employees must wait until the completion of their first full year of service to begin receiving their annual uniform allowance.
Section 3 – Professional Development
Professional Development is essential for SBPMA members. Job related training, seminars, conferences, classes, and membership in professional organizations/subscriptions facilitate this development. Each SBPMA member will be provided with seven hundred and fifty dollars ($750) each year to pay for membership dues, subscriptions, fees for attendance and/or materials for professional development. Such allowance shall be paid on a bi-weekly basis.
Section 4 – Deferred Compensation
The City shall sponsor a 401 (a) Deferred Compensation Plan. The City shall contribute to each SBPMA member’s 401 (a) account in the following amounts: Lieutenants: two hundred and twenty-five dollars ($225) per month; Captains: three hundred dollars ($300) per month; Assistant Chief three hundred and seventy-five dollars ($375) per month. Any payment exceeding the 401 (a) annual contribution limit for defined contribution plans shall be paid to the employee as taxable wages, subject to customary withholdings.
The City shall continue to sponsor a 457 (b) Deferred Compensation Plan, which shall be available to employees on a voluntary basis. Unspent “cafeteria” contributions may not be diverted into a deferred compensation or like plan.
Section 5 – Safety Equipment
A. New employees who are required to have safety equipment will be furnished same on a one-time basis, including safety equipment hardware, leather and safety vests.
B. Replacements will be issued upon return of worn-out items. It shall be the duty of each 23 employee to use normal diligence in their use and any willful damage or loss shall obligate the employee to replace the item at their expense. Upon reassignment or separation from the department, these items shall be returned to the City.
The City Director of Finance shall have direct control over the purchase, issue, and replacement of the above-described items. The Chief shall certify in writing to the Director of Finance as to an individual’s entitlement.
ARTICLE V
LEAVES
Section 1 – Pre-Petition Leave Banks
The monetary value of all pre-petition leave bank accruals, including without limitation, vacation, sick leave, concession leave, and holiday leave, will be the subject of distribution as part of the bankruptcy unsecured creditors' pool. All leave balances accrued on or before August 1, 2012 (Pre-Petition Leave) shall be placed in the unsecured creditor pool and will not be available for cash-out (or the cash equivalent) by the SBPMA members. This position is consistent with the Recovery Plan adopted by the City Council on May 18, 2015. Under the City's Recovery Plan, all City employees are subject to these restrictions on pre-petition leaves. Upon separation from employment with the City, employees will receive payment for any post-petition leave balances according to the terms and conditions outlined in their existing MOU.
Section 2 – 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 4.6153 hours 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 1,040 paid hours. 24 B. When an employee resigns or otherwise leaves the service of the City and has not used their earned post-petition vacation, payment shall be made for the benefit of the employee into the City’s 401 (a) plan for the earned portion of their vacation. Any payment exceeding the 401 (a) annual contribution limit for defined contribution plans shall be paid to the employee as taxable wages, subject to customary withholdings.
Calculation of the payment for earned vacation or deduction for unearned vacation upon separation to determine the amount to be contributed to the 401(a) plan shall be made in accordance with the wage rate in effect on the final day of employment.
C. 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 approval of the Mayor and Common Council, vacation time shall not accrue during such break in continuous service but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee.
D. Whenever the terms “years or years of employment” appear herein, it shall be deemed to include all services for the City of San Bernardino.
E. If an employee leaves the City service prior to the completion of the year in which they used such leave, a deduction will be made from such employee’s final paycheck for the unearned portion of such vacation. Employees shall not be allowed to use unearned vacation time.
F. Vacation credits may accrue and accumulate for a maximum of two (2) years’ total accumulated vacation credits on a carryover basis from year to year. Vacations or portions thereof from any one year so accrued may run consecutively with vacations or portions thereof of the next succeeding year. Vacation credits accrued during an industrial disability are not subject to this term.
G. Compensation for vacation other than for earned vacation at the time of termination of employment shall be limited to the amount normally earned during regularly assigned working time.
H. Once per year, members of the bargaining unit will convert one-quarter (1/4) of their unused post-petition vacation leave into a contribution to the City’s 401(a) plan. The value shall be calculated using the then current wage rate. The City shall make the contribution on the first payday in September. Any contribution exceeding the 401 (a) annual contribution limit shall be paid to the employee as wages, subject to customary withholding.
In addition, once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their post-petition holiday leave to the City. An eligible employee shall notify the City by August 1 of their request for sellback for the prior fiscal year ending June 30. The City shall compensate eligible employees on the first payday in September.
25 I. In the event that an employee is compensated for less than 50 percent of the total number of work hours in the pay period, they shall not accrue vacation hours for that period.
J. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of Article V, Section (2) I.
Section 3 – Holidays
A. Employees shall be entitled to thirteen (13) City-designated holidays and two (2) floating holidays, the equivalent of 150 holiday hours each year, as listed below.
New Year's Day
Martin Luther King, Jr. Day
President’s Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve
Employees shall accrue 20 hours from floating holidays effective January 1 of each year. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six (6) months in a full-time position shall be eligible to take floating holidays. Employees shall not be allowed to use unearned holiday time.
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 1.6666 hours per month, based on their hire date. For example, a new employee hired on July 1 of a calendar year shall receive ten (10) hours of floating holiday leave.
Demands of work permitting, employees of this unit may utilize holiday leave on the holidays designated above. If the demands of work are such that the employee cannot take off on a designated holiday, the employee shall bank the time for cash-out at the end of the calendar year. When a holiday falls on an employee’s regularly scheduled day off, the employee shall bank 10 hours of holiday leave for cash-out at the end of the calendar year.
SBPMA members shall be paid for their unused holiday account balance, at the end of each calendar year at the employee’s wage rate of pay in effect at the time of the payoff. The regular rate of pay, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, 26 Education Incentive, Temporary Upgrade Pay (if meets requirements under Article III, Section 4), Longevity Pay, POST, Technology Allowance, Professional Development, and Uniform Allowance. Employees who separate from employment with a holiday leave balance shall be paid at the wage rate on the final day of their employment.
B. Holiday earned in any twelve-month period are not cumulative beyond the total number of holidays allowed each year by this pay plan. Employees may not exceed a balance of 150 hours at any time. Holiday hours accrued as a result of on industrial disability are not subject to this cap.
Section 4 – Sick Leave
A. Sick leave means absence from duty of an officer or employee because of illness or injury, exposure to contagious disease, attendance upon a member of their immediate family who is seriously ill or requires the care or attendance of an officer or employee, or death in the immediate family of the officer or employee. Immediate family is defined as husband; wife; domestic partner; grandmother; grandfather; mother; father; sister; brother; son; daughter; mother-in-law; father-in-law; sister-in-law; brother-in-law; daughter-in-law; or son-in-law. SBPMA members may use unlimited sick leave for the care of an immediate family member.
B. No absence due to illness or injury in excess of 40 hours shall be approved except after the presentation of satisfactory evidence of illness or injury; and, the Chief shall have the right to require the presentation of a certificate from a practicing physician or the County Health Officer stating that an officer or employee is physically able to perform their work and duties satisfactorily before permitting an officer or employee who has been on sick leave to return to work.
C. In order to receive compensation while absent on sick leave, the employee shall notify their immediate superior or the station commander prior to the time set for beginning their daily duties, or as may be specified by the Chief. When the absence is for more than one workday, the employee may be required to file a physician’s certificate or a personal affidavit with the Director of Human Resources stating the cause of the absence.
D. Sick leave with pay shall be granted to all regular employees. Sick leave shall not be considered as a right, which an employee 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.
E. Whenever an employee is compensated hereunder for sick leave and has not had a vacation at the end of the current calendar year, they shall be allowed to take their vacation in the calendar year they return to duty.
F. Whenever the term “service of City” appears herein, it shall be deemed to include all service of the City of San Bernardino.
G. All full-time officers and employees of the City who are actively on duty, have been in 27 the service of said City for six (6) months or more continuously, and who are compelled to be absent from their work on account of illness or injury other than that which is compensable under Article V, Section 6, Injury Leave, of this MOU, shall receive their full salary, wages or compensation for a period of one (1) day for each month of continuous service, provided that such salary, wages or compensation shall cease upon the exhaustion of all accumulated sick leave.
H. Sick leave accruals and payouts (Section 5 below) shall only include post-petition sick leave accrued after August 1, 2012. An employee may only accrue a maximum of 1040 hours of sick leave. Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave shall not accumulate during periods of leave of absence without pay. Employees will not be allowed to use unearned sick leave.
I. The 48 hours of sick leave granted after six (6) calendar months of continuous service as herein provided for all full-time employees shall be computed at the rate of approximately 4.0 hours per pay period. In the event that an employee works less than 50 percent of the total normal work hours in the pay period, they shall receive no sick leave benefit for such pay period and shall not be credited with the 4.0 hours of sick leave.
J. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only.
Section 5 – Payment for Unused Sick Leave
A. For the purpose of this section, the “retirement” shall have the meaning ascribed to it and the definition therefore as set forth in Section 20060 of the Government Code.
B. Sick leave accrued as a result of an industrial disability will not be subject to the accrual maximums and will be paid out in full if the disability results in an industrial retirement with the payout being deposited for the benefit of the employee into the City’s 401(a) plan. Any payout exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings.
C. Each fiscal year an employee will receive a contribution in lieu of pay for accrued post- petition sick leave to the City’s 401 (a) plan pursuant to the terms set forth below.
1. The City shall make the contribution on the first payday in September. Any contribution exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholding.
2. The contribution shall be equal to the value of one-fourth (1/4) of the number of hours of post-petition sick leave accrued as of the date of the contribution. The value shall be calculated using the then current wage rate.
The employee’s accrued post-petition sick leave shall be reduced by the number of post-petition sick leave hours converted to a contribution on 28 behalf of the employee to the City’s 401(a) plan.
D. At the time of retirement only, any employee having fifteen (15) years of continuous service with the City of San Bernardino, shall cash out up to 50% of unused post- petition sick leave.
At the time of any separation from service, any employee having 20 years of continuous service with the City of San Bernardino or more, shall cash out 75% of unused post-petition sick leave. Cash outs shall be deposited into the members 401 (a) plan. Any cash outs exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings.
E. Besides scenarios listed in Section D above, no sick leave shall be paid out to any SBPMA Member.
Section 6 – Injury Leave
Employees who are receiving payments under Labor Code Section 4850 shall accrue vacation, sick leave and holiday credits during such absence from duty and are not subject to accrual maximums. When employees are off duty on injury leave and have not had a vacation at the end of the current year, they shall be allowed to take this vacation in the calendar year they return to duty.
Section 7 – Administrative Leave
In lieu of monetary compensation, all forty (40) hour/week SBPMA employees shall be assigned one hundred and twenty (120) hours of Administrative Leave per year each July 1st. Administrative Leave shall not be carried beyond the end of any fiscal year and shall not be paid for at any time.
ARTICLE VI
WORKING CONDITIONS
Section 1 – Work Schedules
All employees of this unit shall be assigned to a 4/10 work schedule. The 4/10 work schedule shall consist of four (4) consecutive workdays of ten (10) consecutive hours each, inclusive of a paid meal period and breaks. Each week, it is understood that, as managers, the employees of this unit shall occasionally be required to modify their daily schedule to meet the demands of the position, and thus are provided the flexibility to adjust their working hours to accomplish their necessary duties.
29 Section 2 – 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 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 3 – Seniority
Seniority is herein defined to be an employee’s length of service with no break in service of longer than 30 days within the Police Department and/or classification in which the employee is presently assigned. The department may consider seniority in vacation scheduling, shift assignments and transfers within classification.
Section 4 – Reemployment
An employee who has terminated City employment and who is subsequently rehired in the same classification in a regular position within a 90-day period may receive restoration of salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as of the date of rehire.
Section 5 – Physical Examinations
The City shall pay medical fees for the physical examination of any member of the PMA when such examination is required and directed by the City.
ARTICLE VII
GENERAL PROVISIONS
Section 1 – Term
The Term of this Agreement shall be three (3) years, commencing on July 1, 2025 through June 30, 2028.
Section 2 – Notice of Intent to Reopen
Commencing on January 1, 2027, either Party may submit to the other, a written request to bargain for a successor agreement, including a list of proposals on economic or non- economic issues.
30 Section 3 – Severability
If any provision of the MOU is held by the proper legislative or judicial authority to be unlawful, unenforceable, unconstitutional or not in accordance with applicable statutes or not applicable to Charter cities, all other provisions of the MOU shall remain in full force and effect for the duration of this MOU. If there is any conflict between the provisions of this MOU and the provisions of federal, state, or local government regulations, the provisions of the federal, state or local government regulations shall be controlling. Upon the issuance of a decision declaring any article, section or portion of this MOU to be unlawful, unenforceable, unconstitutional or not applicable to Charter cities, the parties agree to meet and confer immediately concerning only those articles, sections, and portions.
Section 4 – Entire Agreement and Waiver Clause
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, ordinance, resolution, personnel and departmental rules and regulations, within 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 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, and
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.
Section 5 - Prevailing Benefits
All benefits, privileges and working conditions authorized for the employees at the present time, which are not included in this MOU and within the scope of representation shall remain in full force during the term of this MOU, unless changed by mutual consent. 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 proposed changes in accordance with applicable law.
31 SAN BERNARDINO POLICE MANAGEMENT EMPLOYEES (“SBPMA”)
MEMORANDUM OF UNDERSTANDING
2025 – 2028
Executed this _______ day of ____________________, 2025 ___________________________ ___________________________ Eric Levitt, City Manager Adam Affrunti, President
San Bernardino Police Management
Association
___________________________
Jose Castro, Vice President
San Bernardino Police Management
Association
ATTEST:
___________________________
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
___________________________