POLICE SAFETY
EMPLOYEES
MEMORANDUM
OF
UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
And
The San Bernardino Police Officers’ Association
July 01, 2025, to June 30, 2029
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.................................................................................................... 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 Section 12 – Notice of Administrative leave …………….................................................... 15
ARTICLE III Compensation ………………….................................................................. 15 Section 1 – Salaries........................................................................................................ 15 Section 2 – PERS/ Retirement ....................................................................................... 16 Section 3 – Overtime …………....................................................................................... 17 Section 4 – Assignment to Higher Position ..................................................................... 18 Section 5 – On-Call/ Call-Back/ Standby ........................................................................ 19 Section 6 – Educational Incentive .................................................................................. 20 Section 7 – Court Fines ………………………………....................................................... 21 Section 8 – Special Skills Pay ..…………….................................................................... 21 Section 9 – Longevity Pay ……………………………………............................................ 23 Section 10 – Assistant Watch Commander ...................................................................... 24 Section 11 – Release Time ……………............................................................................ 24
ARTICLE IV Fringe Benefits …………………................................................................. 25 Section 1 – Health/ Life Insurance – Active Employees .................................................. 25 Section 2 – Uniform Allowance ……………………………............................................... 27 Section 3 – Deferred Compensation …………………..................................................... 27 Section 4 – Safety Equipment ………………………………………………....................... 27
ARTICLE V Leaves …………………............................................................................... 28 3 Section 1 – Pre-Petition Leave Banks ............................................................................ 28 Section 2 – Vacation ……............................................................................................... 28 Section 3 – Holidays ………............................................................................................ 30 Section 4 – Sick Leave ................................................................................................... 31 Section 5 – Payment for Unused Sick Leave .................................................................. 32 Section 6 – Retiring Members ........................................................................................ 33 Section 7 – Injury Leave …............................................................................................. 33 Section 8 – Military Leave …........................................................................................... 33
ARTICLE VI Working Conditions …………………......................................................... 34 Section 1 – Work Schedules ………................................................................................ 34 Section 2 – Shift Change ……......................................................................................... 35 Section 3 – Probationary Period ……….......................................................................... 36 Section 4 – Seniority ...................................................................................................... 36 Section 5 – Reemployment ............................................................................................ 36 Section 6 – Physical Examinations ................................................................................. 36
ARTICLE VII General Provisions …………………........................................................... 36 Section 1 – Term ………………………........................................................................... 36 Section 2 – Notice of Intent to Reopen ........................................................................... 37 Section 3 – Recruitment Obligations .............................................................................. 37 Section 4 – Severability ………………………………..……….......................................... 37 Section 5 – Entire Agreement and Waiver Clause ……………….…................................ 37 Section 6 – Prevailing Benefits ....................................................................................... 38
SIGNATURE PAGE ………………………………………….…………………………………. 39
4 DEFINITION OF TERMS
Administration: Any elected or appointed official of the City and any employee of the City whose job classification is Management or Confidential employee.
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 Officers' Association (SBPOA).
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 Safety Personnel within the classifications in this appropriate unit. 5 Employee
Organization: The San Bernardino Police Officers’ Association (SBPOA).
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.
Tense: The present tense shall also include the past and the future.
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 Officers 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 employees in accordance with the applicable law;
• establish employee performance standards, including but not limited to, quality and 7 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.
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 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. 8 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
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 Officers and other sworn, nonmanagement positions in the San Bernardino Police Department, including but not limited to, the following classifications. Police Officer; Corporal; Detective; and, Sergeant. 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 this MOU for the parties hereto, to confirm and maintain the spirit of cooperation, which has existed between the City of San Bernardino 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 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, support or sanction or engage in any curtailment or restriction of work. Should any curtailment or restriction of work take place, paid leave benefits (sick leave, vacation, etc.) will not be available during such periods of time. 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 any such work disruption occurs.
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 9 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 shal l 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
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 t o 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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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 submitt ed 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) t he 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 Division Head . If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the division head, who may follow the steps outlined in Step 1 above. In any event, the division head 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 Association 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.
a. If the grievance is still not adjusted, the aggrieved party, with the agreement of the Association, may file a written appeal with 12 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 SBPOA Board Representative ( Board 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 Board 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. Board Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Board Rep will not be granted time off or compensation for the purpose of handling grievances outside this unit. The Association shall notify the City of the names of each Board Rep each January. The City shall recognize a ratio of one (1) Board Rep for every 50 permanent employees in the unit, but not less than five (5). Board Reps shall include: One (1) from Detective Bureau; three (3) from Patrol; one (1) from MET/Traffic; and, one (1) from SIB.
13 Section 6 – Investigation Rights
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 t o 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.
14 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
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 Af fairs 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 representativ e. The Association shall be held fully responsible for any damages to and the security of any facility that is used by the Association.
15 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;
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.
Such other items as may be approved by the department management upon request of the department.
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.
Section 12 – Notice of Administrative Leave
The Association and City agree that notice shall be given to the POA by the Police Department the same day that an Association member is placed on administrative leave, or as soon as reasonably possible thereafter.
ARTICLE III
COMPENSATION
Section 1 – Salaries
Effective the first full pay period following August 1, 2025, the salary ranges for all unit members shall be increased by three percent (3%) to reflect a cost-of-living increase (COLA). 16 Effective the first full pay period following January 1, 2026, the salary ranges for all unit members shall be increased by two and twenty hundredths of a percent (2.2%).
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%).
Effective the first full pay period following July 1, 2028, the salary ranges for all unit members shall be increased by three and one half percent (3.5%).
Section 2 – PERS/ Retirement
A. Retirement Benefits. SBPOA 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;
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. 17 Section 3 – Overtime
A. Policy. It is the policy of the City to discourage overtime, except when necessitated by abnormal or unanticipated workload situations. The City has the right to require overtime to be worked as necessary. Consistent with this policy, the Chief will make every e ffort to assign overtime evenly among the employees with similar skills or assignments.
B. Definition. Overtime is defined as all compensable hours in excess of the regularly scheduled workday or 40 hours per week. All overtime shall be reported in increments of 15 minutes and is non-accumulative and non-payable when incurred in units of less than 15 minutes.
Notwithstanding the above, for those employees assigned to work a 3/12.5 weekly work schedule, overtime shall be defined as:
• All compensable hours in excess of 160 hours in a 28-day period, hereby adopted in accordance with Section 7(k) of the Fair Labor Standards Act, or
• All compensable hours in excess of an employee’s regularly scheduled workday except that in those weeks in which the employee is scheduled to work the 10- hour shift, overtime shall be paid for compensable hours in excess of 47.5 hours.
For payroll purposes, employees assigned to work a 3/12.5 weekly work schedule will be paid bi-weekly, with the 28-day work period being divided into two 14-calendar day pay periods: one pay period shall include 75 scheduled hours and the other 14- day calendar day pay period shall include 85 scheduled hours.
C. Compensation. An employee who works overtime authorized by the department shall be compensated at time-and-a-half. Payment for overtime shall be made on the first regular payday following the pay period in which overtime is worked, unless overtime compensation cannot be computed until some later date, in which case, overtime will be paid on the next regular payday aft er such computation can be made. The employee may decide that they be paid for the overtime or accumulate such overtime at time -and-a-half. Such determination must be made at the time the employee submits the overtime slip. Overtime compensation for details or assignments outside the normal budgetary process or that are funded through grant funds shall be compensated in cash. Payment for unused accumulated overtime shall be made upon termination, retirement or paid to the survivor upon death of the employee.
Accumulated overtime, placed in a compensatory time bank, shall not exceed 240 hours.
D. All accumulated compensatory time shall be paid to a unit member upon promotion of the member.
18 Requests for use of accumulated overtime made fourteen (14) days in advance of the time requested, will be granted unless a public safety issue or serious deployment issue arises.
E. 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 not 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 not be deducted one (1) hour of compensation time.
If employees are required to work beyond their standard end of shift, employees will be compensated at their normal overtime rate.
F. SBPOA 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 SBPOA Memorandum of Understanding. The City and the SBP OA acknowledge that under no circumstance shall this provision result in any additional cost to the City.
G. 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.
H. 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 SBPOA as to providing routine police 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.
I.
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 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 same step for the higher classification (e,g., 5th step 19 detective would be paid 5th step sergeant) or 5% above their current compensation, whichever is greater. In no event shall the base salary exceed the top step 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.
Substantive addition of duties of a higher -level classification to an employee’s budgeted position should be considered for a classification study.
Employees in the Police Officer classification who are assigned as a Field Training Officer for one week or longer shall receive Field Training Officer pay. Such pay shall be equal to the difference between the top step of the Police Officer classification and the top step of the Detective/Corporal classification.
Section 5 – On-Call/Call-Back/Standbv
On-Call. All members are subject to being placed on-call, or held over, at the direction of the Chief or designee for any civil unrest, natural disaster or investigation. An employee placed in an "on-call / held over" status by Police Management will receive four (4) hours pay for all or any portion of a 24- hour day. On-call status shall start at the end of the employee's scheduled workday and at 0800 hours for employees on a scheduled day off.
A. Four (4) personnel will be placed in an on-call status for the purpose of homicide investigations. These personnel, consisting of three (3) P-2’s and one (1) P-3, will be compensated with one (1) hour of overtime, equal to time-and-a- half of their current rate of pay. Periods of time for on-call will be established by the department to coincide with the needs of the investigations division.
Effective the first full pay period following August 1, 2025, each assigned unit member (4 total) of the Traffic division who are placed on-call shall be compensated at time- and-a-half for each day they are placed on call, equivalent to 10 ½ hours of straight time per week.
Employees placed on- call are expected to remain available, be fit for duty, and respond in accordance with department requirements.
Whether or not the time an employee is on-call need be counted as compensable working time depends upon the employee's freedom while on-call, as defined by the Fair Labor Standards Act (FLSA).
B. Call-Back. For all unit members (other than Homicide or Motors personnel noted above), compensation for those called back after the end of their scheduled workday or for non-emergency situations on a day off (e.g. to correct a report) will be a one (1) hour minimum at time-and-a-half, as applicable.
Employees called back on an unanticipated, unscheduled basis on their scheduled day off for emergency situations (civil unrest, investigation, natural disaster) shall be 20 eligible for a minimum of 3 hours of pay at the applicable rate (generally at 1.5x times).
This minimum shall only apply if the employee works less than three (3) hours. If an employee is called back under these conditions and work more than three (3) hours they shall be compensated for all hours actually worked at the appropriate rate.
C. Standby. In the event an employee is placed on standby for a court subpoena, the employee will receive three (3) hours' standby pay. If the employee is called to court and does not go beyond 1200 hours in that day, it will be considered part of the three (3) hours' standby. If the employee has to appear after the noon recess, any additional time will be added to the three (3) hours' standby. In cases where the subpoena is for 1330 hours or another time, the standby will start with the time stated on the subpoena.
In those cases where the subpoena is for 1330 or later, the employee's time will be computed at the amount of time between the time of the subpoena and 1700.
Employees will receive a half-hour (1/2) travel time for going to court.
If an employee works graveyard shift and has an 8: 00 a.m. court appearance; the employee will receive overtime pay for a minimum of one (1) hour. For all hours worked in excess of the one (1) hour, employees will receive overtime pay for actual time worked.
In the event the employee is required to pay parking fees, the employee will be reimbursed. If employees are required to stay through noon recess, they will be paid for the actual time worked.
Section 6 – Educational 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).
Effective the first full pay period following January 1, 2029, the amount will be increased to three hundred and seventy-five dollars ($375); 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). Effective the first full pay period following 21 January 1, 2029, the amount will be increased to eight hundred and seventy -five dollars ($875); or,
C. Seven hundred and twenty -five dollars ($725) 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 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 ($8 50). Effective the first full pay period following January 1, 2029, the amount will be increased to nine hundred dollars ($900).
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 – Special Skills Pay
A. Bilingual Pay. Effective the first full pay period following each full-time employee who passes the City's bilingual proficiency exam shall be compensated as follows:
$171/month for police officers, $213/month for detectives/corporals and $241/month for sergeants. The City shall reserve the right to determine languages for which testing will be conducted.
B. Canine Pay . Effective the first full pay period following January 1, 2026, those assigned to Canine (Handlers and Coordinator) shall be paid a special assignment pay of $362/month for police officers, $446/month for corporals/detectives and $506/month for sergeants. Effective the first full pay period following January 1, 2027, Canine Handlers and Coordinator shall be paid a special assignment pay of $382/month for police officers, $466/month for corporals/detectives and $526/month for sergeants. Effectiv e the first full pay period following January 1, 2028, Canine Handlers and Coordinator shall be paid a special assignment pay of $ 412/month for police officers, $49 6/month for corporals/detectives and $55 6/month for sergeants.
Effective the first full pay period following January 1, 2029, Canine Coordinators shall be paid a special assignment pay of $ 432/month for police officers, $516/month for corporals/detectives and $576/month for sergeants.
C. Motors Pay. Motors shall be paid a special assignment pay of $342/month for police officers, $426/month for detectives/corporals and $486/month for sergeants.
D. SWAT Pay. Effective the first full pay period following January 1, 2026, members of 22 the SWAT team shall be paid a special assignment pay of $191/month for police officers, $233/month for detectives/corporals and $261/month for sergeants. Effective the first full pay period following January 1, 2027, members of the SWAT team shall be paid a special assignment pay of $211/month for police officers, $253/month for detectives/corporals and $281/month for sergeants. Effective the first full pay period following January 1, 2028, members of the SWAT team shall be paid a special assignment pay of $241/month for police officers, $283/month for detectives/corporals and $311/month for sergeants. Effective the first full pay period following January 1, 2029, members of the SWAT team shall be paid a special assignment pay of $261/month for police officers, $303/month for detectives/corporals and $331/month for sergeants.
E. Mounted Unit Pay . Effective the first full pay period following January 1, 2026, employees in the Mounted Unit shall be paid a special assignment pay of $191/month for police officers, $233/month for detectives/corporals and $261/month for sergeants.
Effective the first full pay period following January 1, 2027, employees in the Mounted Unit shall be paid a special assignment pay of $211/month for police officers, $253/month for detectives/corporals and $281/month for sergeants. Effective the first full pay period following January 1, 2028, employees in the Mounted Unit shall be paid a special assignment pay of $241/month for police officers, $283/month for detectives/corporals and $311/month for sergeants. Effective the first full pay period following January 1, 2029, employees in the Mounted Unit shall be paid a special assignment pay of $261/month for police officers, $303/month for detectives/corporals and $331/month for sergeants.
Members of the Mounted Unit participating in special events (e.g. raves) shall be paid four (4) hours per deployment for horse maintenance, transportation, and readiness.
This time shall be accounted for as two (2) hours at the beginning of each deployment and two (2) hours at the conclusion of each deployment.
F. Drone Pay. Effective the first full pay period following January 1, 2026, employees assigned to Drone operations shall be paid a special assignment pay of $100/month for police officers, detectives/corporals and sergeants.
G. Shift Differential Pay. Effective the first full period following January 1, 2026, employees whose regularly assigned work shift starts at 5 p.m. or later, shall be paid shift differential pay of $181/month for police officers, $223/month for detectives/corporals and $251/month for sergeants. Effective the first full pay period following January 1, 2027, the amount will increase to $191/month for police officers, $233/month for detectives/corporals and $261/month for sergeants. Effective the first full pay period following January 1, 2028, the amount will increase to $201/month for police officers, $243/month for detectives/corporals and $271/month for sergeants.
Effective the first full pay period following January 1, 2029, the amount will increase to $211/ month for police officers, $253/month for detectives/corporals and $281/month for sergeants.
23 Section 9 – Longevity Pay
Effective July 1, 2024, each employee with twenty (20) or more years of service to the City shall receive longevity pay of two hundred sixty-eight dollars ($268) per month.
Classic Members. Effective the first full pay period following January 1, 2026, each member with fifteen (15) years of completed service will receive $75 per month; each member with twenty years of completed service will receive $325 per month; and each member with twenty-five years of completed serv ice will receive $425 per month. This provision is to be phased out upon the retirement or separation from service of the last remaining eligible classic (Pre-PEPRA) member.
Effective the first full pay period following January 1, 2027, each member with fifteen (15) years of completed service will receive $100 per month; each member with twenty years of completed service will receive $350 per month; and each member with twenty -five years of completed service will receive $450 per month.
Effective the first full pay period following January 1, 2028, each member with fifteen (15) years of completed service will receive $125 per month; each member with twenty years of completed service will receive $375 per month; and each member with twenty -five years of completed service will receive $475 per month.
Effective the first full pay period following January 1, 2029, each member with fifteen (15) years of completed service will receive $150 per month; each member with twenty years of completed service will receive $400 per month; and each member with twenty -five years of completed service will receive $500 per month.
PEPRA members. Effective the first full pay period following January 1, 2028, a matching contribution on a 1-for -1 basis to a 457 (b) deferred comp plan will become effective when PEPRA Members (hired on or after January 1, 2013) become eligible. The City contribution given to each unit member will be up to the following matching amounts, only if the qualifying PEPRA member is making the same contributions to their 457 (b) account:
• fifteen years of completed service will receive up to $125 per month; or • twenty years of completed service will receive up to $375 per month; or • twenty-five years of completed service will receive up to $475 per month.
Effective the first full pay period following January 1, 2029, the City contribution given to each unit member will be up to the following matching amounts , only if the qualifying PEPRA member is making the same contributions to their 457 (b) account:
• fifteen years of completed service will receive up to $150 per month; or • twenty years of completed service will receive up to $400 per month; or • twenty-five years of completed service will receive up to $500 per month.
24 Section 10 – Assistant Watch Commander
The Assistant Watch Commander position will be appointed at the discretion of the Chief of Police; they must meet the minimum qualifications established in the Lexipol Policy 1028.3.1.
The position will be for a period of one year unless otherwise reappointed; the employee can be selected to serve as Assistant Watch Commander more than once. The Assistant Watch Commander will serve under the discretion of the Assistant Chief. Compensation shall be $500 a month.
The Assistant Watch Commander position duties include: to serve as a lead over the unit, proactively identify and resolve customer service concerns, respond to employee complaints and/or conflicts, daily briefing training, incident command, addressing intra-agency quality control issues, demonstrate initiative in issue-spotting and problem -solving, effectively mediate and resolve conflict and ascertain potential problems in order to mitigate.
The individual in the Assistant Watch Commander position will be required to fulfill the above duties regularly and consistently through the term of the position.
Section 11 – Release Time
Effective following Council approval of the MOU, the POA shall be granted up to 300 hours of release time during regularly scheduled work hours to conduct Association business and engage in Association activities to include attending training, Association functions, conferences, meetings, and grievance investigations. Meeting and conferring or attendance at Board meetings and representational meetings (e.g. investigatory interviews, grievance meetings) with department or City representatives shall not be counter against these hours.
Release time shall not be used for fundraising, lobbying, other political activities, any activity that is not permitted by law or policy, or to pursue any action against or which discredits or does not align with the City’s interests.
Release time hours shall not be considered hours worked for purposes of calculating overtime pay. The department may deny requests that would result in overtime or minimum staffing not being met. Approval of release is subject to reasonable advance notice.
Release time has no cash value and expires at the end of the Fiscal Year (no carryover of hours).
City and department policy apply during release time. The City shall not be responsible for the conduct of any activities while on release time and the Association shall indemnify and hold the City harmless.
ARTICLE IV
FRINGE BENEFITS
Section 1 – Health/Life Insurance - Active Employees
25 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: $738.00 for employee only, $1,450.00 for employee plus one and $1,939 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, 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 Resolution 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 c ost 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 inc reases of the lowest cost plan 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 +1 coverage shall al so 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.
B. Insurance benefits available for purchase by employees include: medical, dental, vision, supplemental life and accidental death and dismemberment insurance.
26 However, City contributions cannot be used for any voluntary benefits offer ed 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 $25,000 term life insurance and $25,000 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 SBPOA 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 benefits pending final disposition of the disciplinary matter by the Personnel Commission.
Section 2 – Uniform Allowance
27 Uniform Allowance. Each employee in the bargaining unit shall receive an annual uniform allowance of $950. Effective the first full pay period following January 1, 2026, each employee in the bargaining unit shall receive an annual uniform allowance of $1,050. Effective the first full pay period following January 1, 2027, each employee in the bargaining unit shall receive an annual uniform allowance of $1,150. Effective the first full pay period following January 1, 2028, each employee in the bargaining unit shall receive an annual uniform allowance of $1,250.
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 – Deferred Compensation
The City shall continue to sponsor a 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 4 – 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. The City shall furnish, for any new (after August 4, 2025) regularly-assigned motorcycle officers the following items as initial issue. (1) motor jacket; (1) safety helmet; (1) pair of boots; (2) pair of riding breeches, which are declared to be necessary for the safety of the officer as specified under Labor Code Section 6401 and Government Code Section 5008.1.
C. Replacements will be issued upon return of worn-out items. It shall be the duty of each 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
28 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-Pe tition Leave) shall be placed in the unsecured creditor pool and will not be available for cash-out (or the cash equivalent) by the SBPOA 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. With the exception of post -petition vacation accrual, all post -petition leave accruals will be deferred pending the final approval and effective date of a Plan of Adjustment by the Bankruptcy Court. Any agreement reached by the parties as to the implementation of this section will be memorialized in a side letter.
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
4.6153hours 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 1,040 paid hours.
B. When an employee resigns or otherwise leaves the service of the City and has not used his earned post -petition vacation, payment shall be made to the employee for the earned portion of his vacation.
Vacation leave will continue to accrue in accordance with Section A (above). Prior to the final approval and the effective date of the City's Plan of Adjustment by the Bankruptcy court, all post-petition vacation accruals shall be paid in accordance with Resolution 2014-158, adopted by the Mayor and City Council on June 16, 2014.
Calculation of payment earned vacation or deduction for unearned vacation upon termination shall be made in accordance with the wage rate in effect on the final day of employment.
29 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, subject to approval of the Chief.
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 be granted the option of selling up to one-quarter (1/4) of their post-petition vacation and holidays to the City. The Chief will approve or disapprove a member's request for sellback. An eligible employee shall notify the City by July 1 of their request for sell back for the prior fiscal year ending June 30. The City shall compensate eligible employees on the first payday in September.
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 11 City-designated holidays, the equivalent of 110 holiday hours each year, as listed below.
New Year's Day
Memorial Day
Independence Day
Juneteenth
30 Labor Day
Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Additionally, employees shall be entitled to one ten (10) hour floating holiday 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 .8333 hours per month, based on their hire date. For example, a new employee hired on July 1 of a calendar year shall receive five (5) hours of floating holiday leave.
B. The Chief shall consider any request of any employee as to preference for taking floating holidays, provided however, the final right to allot the day to be observed is exclusively reserved to the Chief.
C. All full-time employees 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 regular assigned working period, provided they are in a paid status during any portion of the working day immediately pre ceding or succeeding the holiday. If it becomes necessary for employees to work on any of the City-designated holidays, ten (10) hours shall be placed in their holiday account.
D. Upon separation from the City, employees shall be paid for 80% of their current holiday account balance.
E. Holidays as listed above shall be allowed on Monday, if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if any such holiday falls on Saturday, for all employees except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays and Tuesdays.
F. Employees may accrue a maximum of 120 hours in their holiday bank.
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 means:
husband; wife; domestic partner; grandmother; grandfather; mother; father; sister; 31 brother; son; daughter; mother -in-law; father -in-law; sister -in-law; brother -in-law; daughter-in-law; or son-in-law.
B. Not more than one-half (1/2) of an employee's annual sick leave accrual within any calendar year may be granted to an officer or employee for the care of or attendance upon members of their immediate family. Not more than 40 hours of sick leave may be granted to an officer or employee for each absence due to death of a member of their immediate family as defined above.
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, a certificate from a practicing physician or an authorized practicing chiropractor.
C. In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior or the station commander prior to the time set for beginning his 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 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.
32 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. Any conversion of sick leave resulting from industrial disability will be provided to an employee in accordance with applicable provisions of the Labor Code.
C. Each fiscal year an employee may elect to receive payment in lieu of accrued post - petition sick leave.
1. An eligible employee shall notify the City by August 1st of their desire to receive such payment. The City shall compensate eligible employees on the first payday in September.
2. Providing the employee has at least three hundred and twenty (320) hours in their sick leave account after the sell back, an employee receiving such pay shall receive at the then current salary rate pay for one-fourth (1/4) of the number of hours of post-petition sick leave accrued, less those hours used for the fiscal year period. The employee's accrued post-petition sick leave shall be reduced by the number of post-petition sick leave hours for which pay is provided.
D. At the time of retirement, disability or industrial disability retirement only, any employee having fifteen (15) years of continuous service with the City of San Bernardino, may cash out up to 50% of unused post-petition sick leave. At the time of separation from service, any employ ee having 20 years of continuous service with the City of San Bernardino, may cash out up to 75% of unused post-petition sick leave.
Section 6 – Retiring Members
At the time of an employee’s subsequent separation from service, payments for unused sick leave (upon retirement only), vacation and holiday in the amounts, percentages, and schedules specified in the MOU shall be contributed to the employee’s 401(a) account, up to the legal allowable limit. Any cash outs exceeding the 401 (a) annual contribution limit shall 33 be paid to the employee as taxable wages, subject to customary withholdings. This provision is subject to plan requirements and applicable law.
Section 7 – 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. 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 8 – Military Leave
An employee in the POA having a reserve status in any of the regular branches of the Armed Services of the United States or National Guard, upon request to serve under orders or official notification of required military duty shall be relieved from their C ity duties, upon request, to serve under those training orders without loss of pay for a period not to exceed 30 calendar days in any one fiscal year. The employee shall file with the C ity a copy of such orders or notification of training indicating Theron the date that said duty is to commence and the date duty is to cease. The employee shall receive their regular compensation in addition to their military pay. It is understood that this provision is in accordance with NRS 281.145 and USERRA of 1994.
ARTICLE VI
WORKING CONDITIONS
Section 1 – Work Schedules
The standard workday represents the tour of duty for which an employee is regularly scheduled for work during a 24-hour period commencing from the start of the employee's assigned shift. A regularly scheduled tour of duty, which commences before midnight a nd ends the following day, shall be reported for payroll purposes as time worked for the day in which the tour of duty began.
Work schedules shall be as defined herein, except as otherwise provided for:
A. 5/40 Work Schedule. The 5/40 work schedule shall consist of a 40-hour workweek consisting of five (5), eight- (8) hour workdays, exclusive of any meal periods assigned by management.
B. 9/80 Work Schedule. The 9/80 work schedule shall consist of 80 work hours in a two (2) week period, consisting of eight (8), nine- (9) hour workdays and one (1), eight (8) hour workday, exclusive of any meal periods assigned by management.
C. 3/12.5 and 4/10 Work Schedules:
34 The Parties have agreed to implement a "blended schedule" for employees assigned to patrol whereby some employees will work a 3/12.5 weekly work schedule and others will work a 4/10 weekly work schedule.
• Those employees assigned to work a 3/12.5 weekly work schedule shall work three consecutive days of 12.5 hours each, inclusive of rest breaks and a paid 30- minute meal period. During each 28-day work period, employees assigned to work the 3/12.5 weekly wor k schedule shall also be scheduled to work one 10-hour work shift, inclusive of rest breaks and a paid 30-minute meal period. The 12.5- hour shifts shall generally be scheduled for three (3) consecutive days . The 10- hour shift will generally be scheduled so that it will be adjacent to a 12.5-hour shift, but exceptions may be made to schedule the 10-hour shift for other days in order to accomplish Department -wide training or due to special assignments. The Parties agree to develop policies governing the interaction between the 3/12.5 weekly work schedule and extended training of three days or more, and other issues that may arise.
• Those employees assigned to work a 4/10 weekly work schedule will work four consecutive days of 10 hours each, inclusive of rest breaks and a paid 30-minute meal period. The weekly schedule for employees assigned to work this shift shall be either Monday through Thursday or Tuesday through Friday.
D. Work Schedule Adjustment. It is recognized that during the term of this agreement, it may be necessary for management to make changes in the work schedule to meet the needs of the service, based on the results of a management audit and/or other circumstances that may arise. Any shift schedule changes are subject to the meet and confer process. Except for emergencies or in case of special needs where management finds it necessary to make such changes, it shall notify the Association indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unit and where the Association requests to meet with management, the parties shall expeditiously undertake to consult, as provided by Section 350 et. Seq., of the California Government Code regarding the impact the change would have on the employees of the unit.
In cases of special needs where it would be advantageous to make temporary changes to the regularly assigned shift of some personnel, the Department will make a good faith attempt to give one (1) week advance notice to the affected employee(s).
The Department will not make special needs changes that result in the disruption of consecutive workdays. It is recognized that it may be necessary for management to make unscheduled temporary changes to regularly assigned shifts based on emergencies or matters of public safety.
E. Lunch Hours. Only officers in Patrol will be allowed to take paid meal breaks.
35 Section 2 – Shift Change
Subject to authorization of the Chief, Assistant Chief, Captain, Area Commander or Station Commander, employees in the unit should be allowed to exchange time with other employees of equal rank on the following basis.
A. Time exchanged shall be with equal rank and be agreeable with both parties and shall be requested in a memo signed by both employees.
B. The time exchange requested shall be initiated with the immediate supervisor of the employee requesting the exchange.
C. Time exchanged may be by one standard workday or by a half (1/2) standard workday.
D. Time exchanged shall be repaid by one standard workday or by a half (1/2) standard workday, within a seven (7) day period.
E. Since this is done for the convenience of the employee, in no case shall a shift exchange or repayment of a shift exchange be considered in computation of overtime.
Section 3 – 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 4 – Seniority
Seniority is herein defined to be an employee's length of service with no break in service 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 5 – 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.
36 Section 6 – Physical Examinations
The City shall pay medical fees for the physical examination of any police officer when such examination is required and directed by the City.
ARTICLE VII
GENERAL PROVISIONS
Section 1 – Term
The Term of this Agreement shall be four (4) years, commencing on July 1, 2025 through June 30, 2029.
Section 2 – Notice of Intent to Reopen
Commencing on January 1, 2029, either Party may submit to the other, a written request t o bargain for a successor agreement, including a list of proposals on economic or non- economic issues.
Section 3 – Recruitment Obligations
The City and the SBPOA acknowledge that there has been significant attrition of police safety members and that coming to an agreement on the essential terms and conditions of employment is the first step in stabilizing the San Bernardino Police Department. In recognition of the need to rebuild the Department, the SBPOA agrees that, as a condition of an agreement to the economic terms, it will actively participate in the formulation and implementation of an aggressive recruitment campaign to attract new hires and lateral police officers.
Section 4 – 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 rem ain 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 5 - 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 37 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 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.
Section 6 – 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.
38 SAN BERNARDINO POLICE SAFETY EMPLOYEES’ (“SBPOA”)
MEMORANDUM OF UNDERSTANDING
2025 – 2029
Executed this _______ day of ____________________, 2025
___________________________ ___________________________ Eric Levitt, City Manager Jose Loera, President
San Bernardino Police Officer’s
Association
___________________________
Araceli Mata, Vice President
San Bernardino Police Officer’s
Association
ATTEST:
___________________________
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
___________________________