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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 16, 2026
To: Honorable Mayor and City Council Members
From: Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Side Letter Agreement with SBPOA Regarding SWAT Pay (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-157, approving a Side Letter Agreement to the 2025-2029 Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), updating Article III - Compensation, Section 8 – Special Pay, Subsection (D) – SWAT Pay.
City Manager's Comments
City Manager recommends approval.
Executive Summary
The proposed Side Letter Agreement with the San Bernardino Police Officers Association (SBPOA) addresses an administrative gap related to how SWAT special assignment is reported to CalPERS. While the City has continuously reported this compensation to CalPERS as hazard pay, an audit from CalPERS identified that written documentation supporting the City’s reporting of SWAT pay required additional language to be added to the MOU in order to remain compliant with CalPERS regulations on reporting of this special compensation.
Approval of this Side Letter will ensure compliance with CalPERS special compensation requirements, preserve retirement benefit eligibility for affected employees, and formally document compensation practices.
Background
SWAT Special Assignment Pay has been an established component of Police Department operations and compensation for employees assigned to the Department’s Special Weapons and Tactics (SWAT) function. 3 5
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Following the recent retirements of several members represented by the SBPOA the California Public Employees’ Retirement System (CalPERS) identified the need for a Side Letter Agreement to formally document the existing SWAT Special Assignment Pay and ensure continued compliance with CalPERS requirements governing reportable special compensation under the California Public Employees’ Retirement Law and California Code of Regulations (CCR) Section 571.
Under Government Code sections governing special compensation and CCR Section 571, compensation may be reportable to CalPERS when it is provided to employees for qualifying special skills, work assignments, work conditions, or other qualifying circumstances and meets the regulatory requirements for special compensation. CCR Section 571(a) specifically identifies Hazard Premium Pay as compensation provided to employees who are routinely and consistently exposed to toxic, radioactive, explosive, or other hazardous substances, or who perform hazardous activities to implement health and safety procedures.
The proposed Side Letter Agreement is intended to provide the written documentation necessary to support the continued reporting of SWAT Special Assignment Pay as special compensation for CalPERS purposes, consistent with the requirements of CCR Section 571. Formalizing the existing compensation arrangement will provide greater clarity and regulatory compliance for the City, the bargaining unit, and affected employees, while supporting the appropriate inclusion of qualifying SWAT compensation in employees’ CalPERS-covered compensation. This documentation is intended to help protect affected employees from an unintended reduction in retirement benefits resulting from the absence of a current written agreement supporting the special compensation item.
Discussion
The following language will be included in the side letter when adopted:
D. SWAT Pay.
Effective the first full pay period following January 1, 2026, members of 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.
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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.
All unit members who are routinely and consistently assigned to SWAT shall receive the applicable SWAT pay. Unit members assigned to SWAT routinely and consistently respond to high-risk incidents and perform hazardous activities to implement public safety procedures. The City shall report this compensation to CalPERS as Special Assignment Pay – Hazard Premium.
Strategic Goals and Priorities
The proposed Side Letter Agreement aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community: Build a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
There is no financial impact to update SWAT Pay Language in a side letter as this is a corrective item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-157, approving a Side Letter Agreement to the 2025-2029 Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), updating Article III - Compensation, Section 8 – Special Pay, Subsection (D) – SWAT Pay.
Attachments
Attachment 1 – Resolution No. 2026-157
Attachment 2 – Side Letter Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
August 6, 2025, The Mayor and City Council approved the Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Officers Association
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Eric Levitt, City Manager