San Jose City Council
December 13, 2022

TO: HONORABLE MAYOR FROM: Jennifer Schembri

AND CITY COUNCIL

SUBJECT: SEE BELOW DATE: December 9, 2022

Approved Date
12/9/2022

SUBJECT: APPROVAL OF THE TERMS OF AN AGREEMENT WITH THE SAN JOSE POLICE OFFICERS’ ASSOCIATION (SJPOA) FOR THE TERM
OF JULY 1, 2022 THROUGH JUNE 30, 2025

REASON FOR ADDENDUM

This item recommends the approval and implementation of the terms of a collective bargaining agreement which was agreed to on December 6, 2022, between the City and the SJPOA for the term of July 1, 2022 through June 30, 2025, and authorizing the City Manager to execute the agreement with those terms. Police Officers provide important public safety services to the public, and the implementation of the collective bargaining agreement will assist in providing stability for the City and its workforce and assist in recruitment efforts for Police Officers.

RECOMMENDATION

Adopt a resolution approving the terms of a collective bargaining agreement between the City and the SJPOA for the term of July 1, 2022 through June 30, 2025, and authorizing the City Manager to execute the agreement with those terms.

OUTCOME

Adoption of the resolution and authorization to execute an agreement would result in a collective bargaining agreement between the City and the SJPOA and authorize the City Manager to execute an agreement with a term of July 1, 2022, through June 30, 2025.

BACKGROUND

The City’s most recent collective bargaining agreement with the SJPOA expired on June 30, 2022. The SJPOA currently represents approximately 1,167 full-time budgeted positions in the COUNCIL AGENDA: 12/13/22
FILE: 22-1941
ITEM: 3.6

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

San José Police Department. This bargaining unit includes employees in the classifications of Police Recruit, Police Officer, Police Sergeant, Police Lieutenant, and Police Captain.

In March 2022, negotiations with the SJPOA on a successor Memorandum of Agreement (MOA) commenced, and on or about December 6, 2022, the City and the SJPOA reached an overall Tentative Agreement on the terms to be contained in the successor MOA between the City and the SJPOA for the period of July 1, 2022, through June 30, 2025.

The Tentative Agreement on a successor MOA is pending ratification by the SJPOA membership. The SJPOA will notify the City of the ratification results prior to the December 13, 2022, City Council meeting.

ANAL
YSIS

A complete copy of the Tentative Agreement is attached (Attachment A). The following is a summary of the key provisions of the Tentative Agreement.

Term The agreement will be effective July 1, 2022 through June 30, 2025.

Pensionable General
Wage Increase
Fiscal Year 2022-2023
Effective December 11, 2022, all salary ranges for employees holding positions in classifications assigned to the SJPOA shall be increased by approximately 5%. This general wage increase is inclusive of the adjustment to holiday-in-lieu compensation in recognition of Juneteenth being added as a City-observed holiday.

Fiscal Year 2023-
2024
Effective the first full pay period of Fiscal Year 2023-2024, all salary ranges for employees holding positions in classifications assigned to the SJPOA shall be increased by approximately 4%.

Fiscal Year 2024-
2025
Effective the first full pay period of Fiscal Year 2024-2025, all salary ranges for employees holding positions in classifications assigned to the SJPOA shall be increased by approximately 3%.

One-time Non-
Pensionable Lump Sum
Payment
In lieu of receiving a general wage increase retroactive to June 26, 2022, a $4,470.00 one-time, non-pensionable lump sum payment shall be made to full-time employees holding positions in classifications assigned to the SJPOA effective December 11, 2022. To receive the one-time, non-pensionable lump sum

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

payment, a full-time employee must have been employed in a SJPOA represented position on June 26, 2022, and still be employed in a SJPOA represented position effective December 11, 2022.

Shift Differential Effective the first full pay period following Council approval in open session, but no earlier than the first full pay period in January 2023, the following provisions shall be implemented:

Shift Differential for Patrol Assignments
A swing shift differential of two dollars and twenty-five cents ($2.25) shall be paid to employees for each regularly scheduled hour worked between 3:00 p.m. and 1 a.m., if at least five (5) hours of a regularly assigned schedule of continuous work hours are worked after 3:00 p.m. and before 1:00 a.m., including attached overtime hours.

A graveyard shift differential of two dollars and fifty cents ($2.50) shall be paid to employees for each regularly scheduled hour worked between 9:00 p.m. and 7:00 a.m., if at least five (5) hours of a regularly assigned schedule of continuous work hours are worked after 9:00 p.m. and before 7:00 a.m., including attached overtime hours.

Shift differential shall be paid to an employee for the hours worked when assigned to cover another employee’s temporary absence and when the absent employee would have otherwise qualified for shift differential as defined above.

Paid leave time does not qualify for payment of shift differential except when an employee uses a minimum of forty (40)
consecutive hours of vacation or compensatory time. The employee will continue to be paid shift differential as though they had worked their assigned shift during the period of vacation.

Except as otherwise required by State or Federal law, shift differential pay shall not be included as regular compensation in computing other benefits.

Education Incentive –
Advanced Peace Officer

Effective the first full pay period of Fiscal Year 2023-2024, the Advanced POST Certificate Training pay will be increased from

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

Standards and Training
Certificate (POST)
approximately seven and one-half (7 ½%) percent to
approximately eight and one-half (8 ½%) percent.

Recruitment and
Retention Pay
Effective the first full pay period of Fiscal Year 2024-2025, the 4% ongoing retention premium pay shall be rolled into base pay for all salary ranges for employees holding positions in classifications assigned to the SJPOA.

Compensatory Time Once an employee’s compensatory time balance reaches 300 hours, all requested time off, other than for sick leave purposes, must be coded as compensatory time off, until the compensatory time balance is below 240 hours, at which point an employee may elect to use any available vacation leave or compensatory time, unless the employee is within 60 hours of reaching the maximum vacation balance, at which point it will be the employee’s election.

Voluntary Overtime
Clarification
Employees who request to use sick leave will be ineligible to work any voluntary overtime assignments for a period of 24 hours beginning from the start of the shift they called in sick. In the event that time is worked during the 24-hour period, the employee will receive pay at the 1.0 rate for any hours actually worked.

Voluntary overtime shall be defined as any pre-planned, scheduled assignment apart from an employee’s regular work assignment (i.e., a previously scheduled overtime Patrol shift).

Standby Duty
Clarification
Employees assigned to the sections noted herein and who are required to perform standby duty shall be eligible for standby compensation when explicitly informed and required by their supervisor to perform standby duty as described below.

1. The Sexual Assault Investigations Unit

2. The Homicide Detail

3. The Crime Scene Unit

4. The Bomb Squad

5. Air Surveillance (See Section 5.2.8)

6. Internal Affairs

7. Covert Response Unit

8. MERGE

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

Standby Duty Pay shall not be automatic for any classifications assigned to the units specified above, and must be explicitly required of the employee as described in this article.

Instances in which employees are explicitly required to perform Standby Duty must be confirmed in writing by the Chief of Police or the employee’s supervisor and must confirm that the employee meets the eligibility requirements as described in this article.

Employees eligible for and receiving a premium pay (hazard pay) for their assignment in any of the units specified above are not eligible for Standby Duty Pay, unless they are explicitly informed and required, in writing, by their supervisor to perform standby duty as described below.

• In no circumstance should an employee who is eligible for and receiving a premium pay (hazard pay) for their
assignment in any of the units specified above regularly code Standby Duty Pay.

Employees in the classification of Police Lieutenant shall be eligible for Standby Duty Pay in accordance with this article only in instances where the employee is explicitly directed by the Chief of Police or designee in writing.

Employees not assigned to a unit listed in this article shall be eligible to receive standby compensation if the employee is explicitly directed by the Chief of Police or the employee’s supervisor in writing to perform standby duty regardless of their assigned unit.

Standby shall mean the explicit and absolute requirement that an employee be available during specified off-duty hours to receive communication regarding a requirement to return to work and to be fit and able to return to work, if required. It shall not be considered standby when an employee is contacted and required to return to work but has not been required to be available for receipt of such contact, in which case the employee may be entitled to Call Back Pay.

Employees assigned to standby duty shall be required to:
• Be ready to respond in a reasonable amount of time to a request to perform job-related duties;

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

• Be readily available at all hours by telephone, or other communications devices; and,
• Refrain from activities that might impair the performance of their assigned duties upon a call (i.e., any alcohol
consumption).

An employee performing standby duty in accordance with this article shall be credited with two (2) hours compensation at the appropriate rate for such standby duty performed on a regularly assigned workday and three (3) hours compensation at the appropriate rate for such standby duty assigned on regularly scheduled days off.

If the employee on standby is called back to work, Call Back Pay shall be paid in lieu of Standby Duty Pay.

Modification of
Bargaining Unit Work
The City and the SJPOA agree that during the term of this Agreement the City has the discretion to contract out/civilianize five (5) positions except positions in patrol, investigations or Internal Affairs. Any discussion regarding the civilianization of positions in patrol, investigations or Internal Affairs will occur separately as part of the Police Reform discussions.

Any contracting out and/or further civilianization of positions represented by the SJPOA during the term of this Agreement would be subject to the meet and confer process. The City will provide advance notice to the SJPOA and the opportunity to demand to meet and confer regarding contracting out and/or further civilianization of work currently performed by
bargaining unit members.

Bereavement Leave All bereavement leave must be used within thirty (30) calendar days following the death of the eligible person. Under extreme circumstances, the thirty (30) day requirement may be waived by the Director of Employee Relations. The decision of the Director of Employee Relations regarding the waiver shall be final, with no process for further appeal.

Discipline The appointing authority may reduce an employee's salary step.

The salary may be reduced by no more than one (1) step of the salary range, and the amount and length of time of the salary reduction will be specified in the Notice of Intended Discipline.

The salary may be reduced either for a specified period of time

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

or until the condition which caused the salary reduction has been corrected.

Community Policing Community Policing Officers will be trained in other City and County services so they can quickly respond to and refer concerns to the most appropriate agency. Examples include, but are not limited to:

• Urban blight
• Trash cleanup
• Abandoned car removal
• Graffiti
• Vandalism
• Neighbor disputes
• Unhoused persons/camps
• Gang activity
• Neighborhood Watch/Neighborhood Association liaison

A City-issued phone with dedicated Community Policing
number will be provided to Community Policing Officers for the purpose of providing residents and businesses with a designated phone number to contact for each division.

Assignments Effective calendar year 2023, requests for shift and beat assignments based on seniority shall be accepted from the employees in the representation unit in March and/or September of each year, subject to the rights of the Assistant Chief of Police or in his/her absence his/her specifically designated
representative to deny such request if, in his/her opinion, the obligation of the Department to provide the public with police service of the highest quality would not be fulfilled. The resulting schedule based on this shift bidding shall be implemented for the shifts beginning in May and/or November of each year.

Employees assigned to the eighteen (18) Community Policing Officer patrol positions as outlined in Article 52, designated Foot Patrol Officers, and employees in the classification of Police Lieutenant regularly assigned to day or swing shifts will request a shift and beat assignment based on seniority annually in March of each year.

In the event that patrol staffing turnover increases in patrol divisions by more than 50% in the November 2024 shift bid,

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

when compared to patrol turnover data from the May 2024 shift bid, requests for shift and beat assignments will automatically revert to being accepted annually from employees in March of each year. Patrol staffing turnover analysis shall not include any personnel assigned to an annual shift, and shall not include any personnel who leave patrol assignments for specialized
assignments, have promoted, retired, or been administratively assigned.

Side Letter Agreement
Continuation –
Investigations of Alleged
Police Officer
Misconduct
The City and the SJPOA agree to the following through the term of the agreement.

• Any investigative report conducted by Internal Affairs (IA) will be reviewed by the Independent Police Auditor (IPA). Selected investigative reports may also be
reviewed by the Office of Employee Relations (OER), at
its choosing. For investigations that are not deemed
tolled pursuant to the Public Safety Officers’ Procedural Bill of Rights (POBR), the investigative report will be provided to the IPA and/or OER no later than nine (9)
months from the date the alleged misconduct was
discovered by a person in the Department authorized to
initiate an investigation before it is submitted to the IA Commander.

• The IPA and/or OER may provide written requests to the IA investigator in a timely manner, which may include,
but are not limited to, requests for IA to interview
additional witnesses, ask additional questions, or review an additional issue. The IA investigator must address
written requests provided by the IPA and/or OER. The
IA investigator must provide an additional opportunity
for the IPA and/or OER to review any revisions to the
investigative report based on the written requests
provided by the IPA and/or OER prior to submission of
the investigative report to the IA Commander.

• The parties agree that this Side Letter shall allow the IPA and/or IPA staff to be permitted to ask direct questions of a subject or witness officer during an administrative
interview. In full compliance with POBR, the parties
further agree that an officer is required to answer the IPA’s questions just as they are required to answer
questions posed by IA. The parties acknowledge that the

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

POBR limits the number of interrogators in an
administrative interview to no more than two at a time.

Nothing herein changes that.

• San Jose Municipal Code section 8.04.010 and
subsection A.3.a will be amended to reflect the
expiration date of this Agreement.

The parties agree to continue discussions on issues related to investigations of alleged police officer misconduct.

Side Letter Agreement –
Body Worn Camera
Policy
The Body Worn Camera Unit will produce compliance reports of metrics on body worn camera usage for supervisor review.

These reports will include, at minimum, the following metrics:

• Activations / deactivations
• Event number association
• Event type tagging

All supervisors shall review the compliance reports of their subordinates and ensure the body worn cameras are being used in accordance with policy.

Any files with no or incorrect event numbers shall be corrected by the Department member who made the recording within
seven (7) days of notification of the error. Any files with no or incorrect event type tagging shall be corrected by the
Department member who made the recording within seven (7) days of notification of the error.

Side Letter Agreement –
Paid Parental Leave Pilot
Program
Effective as soon as practicable, the City of San Jose (“City”) and the San Jose Police Officers’ Association (SJPOA) agree to conduct a City-Paid Parental Leave Pilot Project (“Pilot Program”).

The terms and conditions of the Pilot Program shall be as follows:

• Effective for births, adoptions or foster care placements that occur after the implementation of the Pilot Program, full-time employees shall be eligible for City-Paid
Parental Leave for a maximum of one (1) week
consisting of up to forty (40) hours of continuous paid

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

time off for the following City-Paid Parental Leave
reasons:

a) The birth of a child of the employee or the
employee’s registered domestic partner.
b) The placement, through adoption or foster care,
of a minor child with the employee or the
employee’s registered domestic partner

In addition to the forty (40) hours of continuous paid
time off, full-time employees shall also be eligible use up to 120 hours of their available sick leave for City-Paid Parental Leave reasons

o “Child” means a biological, adopted, or foster
child who is under 18 years of age.

• An individual may be eligible for City-Paid Parental
Leave on any day in which he or she is unable to perform his or her regular or customary work because of one or
more City-Paid Parental Leave reasons.

• T o be eligible for the City -Paid Parental Leave an
employee must have passed probation and completed at
least 2,080 hours of service from the most recent date of hire.

• Employees must complete a Leave of Absence
Application 30 days prior to the commencement of leave
where possible and submit required documentation upon
request by the City. Requests for City-Paid Parental leave are subject to approval by the employee’s Department
Director/designee.

• City-Paid Parental Leave shall be provided once per
payroll calendar year. City-Paid Parental Leave is not an accrued benefit and not subject to pay out upon
termination of employment. Thus, employees are not
paid out their City-Paid parental Leave when they leave the City and City-Paid Parental Leave may not be carried over beyond the end of the last day of pay period 26 for each payroll calendar year. City-Paid Parental Leave is a “use it or lose it” benefit based on the payroll calendar

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

year. The payroll calendar year begins the first day of pay period one and ends the last day of pay period 26.

• All leave provided under this Pilot Program runs
concurrently with qualifying leave under the federal
Family and Medical Leave Act and California Family
Rights Act.

• City-Paid Parental Leave and the use of available sick leave balances for City-Paid Parental Leave reasons must be used and completed no later than 12 months from the
birth or placement of a child.

The provisions contained in this Side Letter will expire on June 30, 2025.

Police Reforms Work
Plan Reopener
Continuation
The City and the SJPOA are committed to continuing
discussions related to items on the Police Reforms Work Plan, including the Reimagining Community Safety work plan item to identify new ways in which police officers can address social issues and reduce social conflicts that are non-criminal in nature, and identify initiatives and practices to help improve community and police relations. These items include, but are not limited to, continuing discussions on the following issues:

• Expansion of Reserve Officer Duties
• Use of Force Review
• Less than Lethal Use of Force Options
• Body Worn Camera Footage Audits
• Recruitments and Promotions
• Investigation of Alleged Police Misconduct

Continuation of Other
Existing Side Letters
• Biometric Timeclocks
• Letter of Intent – Calls for Service
• Early Intervention System

CONCLUSION

It is recommended that the City Council adopt the Administration’s recommendation to approve the terms of a collective bargaining agreement between the City and the SJPOA for the term of July 1, 2022 through June 30, 2025, as outlined in this memorandum, and authorize the City Manager to execute an agreement with those terms.

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

EVALUATION AND FOLLOW-UP

No further follow-up action with the Council is expected at this time.

CLIMATE SMART SAN JOSE

The recommendation in this memorandum has no effect on Climate Smart San José energy, water, or mobility goals.

PUBLIC OUTREACH

This memorandum will be posted on the City’s website for the December 13, 2022, City Council Meeting.

COORDINATION

This memorandum has been coordinated with the City Manager’s Budget Office and the City Attorney’s Office.

COMMISSION RECOMMENDATION/INPUT

No commission recommendation or input is associated with this action.

COST SUMMARY/IMPLICATIONS

The ongoing increased cost of the 5% general wage increase effective December 11, 2022 is approximately $6.2 million in 2022-2023 and is approximately $10.7 million ongoing in the General Fund. The one-time non-pensionable lump sum bonus of $4,470, for full-time employees holding positions in classifications assigned to POA on June 26, 2022 and still employed in a POA represented position effective December 11, 2022, is approximately $5.2 million in the General Fund. The shift differential pay, effective January 22, 2023, is approximately $1.2 million in 2022-2023 and is approximately $2.1 million ongoing in the General Fund. To the extent necessary, actions to increase the Police Department’s personal services budget, offset by a decrease to the Salaries and Benefits Reserve, will be brought forward in the 2022-2023 Mid-Year Budget Review scheduled for City Council approval on February 14, 2023.

The ongoing increased cost of the 4% general wage increase effective the first full pay period of Fiscal Year 2023-2024 is approximately $9.0 million in the General Fund. The ongoing

HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA)

increased cost of the Education Incentive that increases the Advanced Certificate compensation from 7.5% to 8.5% of the employee’s salary is approximately $1.7 million in the General Fund.

The ongoing costs from the 5% general wage increase and shift differential pay in 2022-2023 and the 4% general wage increase and Advanced Certificate compensation in 2023-2024 will be factored into the 2023-2024 Base Budget and the 2024-2025 Five-Year General Fund Forecast (February Forecast) scheduled for release at the end of February 2023.

The ongoing increased cost of the 3% general wage increase effective the first full pay period of Fiscal Year 2024-2025 is approximately $7.0 million in the General Fund. The ongoing increased cost of rolling in the 4% retention premium pay into base pay is approximately $1.7 million in the General Fund due to increased pension contributions. The ongoing increased cost of the 3% general wage increase and the rolling in of the 4% retention premium pay will be factored into the February Forecast and the 2024-2025 Base Budget. Based on preliminary estimates by the City’s actuary, there will potentially be a $39 million dollar increase in the Police and Fire Retirement Plan’s unfunded liability due to the rolling of the 4% retention pay into base pay. This would be approximately 3% of the 2021 valuation UAL of $1.239 billion.

This estimated amount is based on the 6/30/21 valuation and assumes everything remains the same from that valuation, which will not be the case. Unfunded liability is amortized over a period of 15 years. This increase will not impact City contribution rates until Fiscal Year 2025- 2026.

CE
QA

Not a Project, File No. PP17-010, City organizational and Administrative activities resulting in no changes to the physical environment.

Jennifer Schembri
Director of Employee Relations
Director of Human Resources

The principal author of this memorandum was Elsa Cordova, Assistant to the City Manager in the Office of Employee Relations. For questions, please contact Jennifer Schembri, Director of the Office of Employee Relations and Director of Human Resources, at (408) 535-8150.

Attachment A – SJPOA Tentative Agreement

2022 POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

TERM
• July 1, 2022 – June 30, 2025
WAGES
• Fiscal Year 2022-2023
5% general wage increase effective December 11, 2022. Effective December 11, 2022, all salary ranges for employees holding positions in classifications assigned to the POA shall be increased by approxim ately 5%. This general wage increase is inclusive of the adjustment to holiday-in-lieu compensation in recognition of Juneteenth being added as a City-observed holiday.

In lieu of receiving a general wage increase retroactive to June 26, 20 22, a $4,470.00 one-time, non-pensionable lump sum payment shall be made to full- time employees holding positions in classifications assigned to the POA effective December 11, 2022 . To receive the one-time, non-pensionable lump sum payment, a full-time employee must have been employed in a POA represented position on June 26, 2022, and still employed in a POA represented position effective December 11, 2022.
• Fiscal Year 2023-2024
4% general wage increase ef fective the first full pay period of Fiscal Year 2023- 2024. Effective the first full pay period of Fiscal Year 2023-2024 , all salary ranges for employees holding positions in classifications assigned to the POA shall be increased by approximately 4%.
• Fiscal Year 2024-2025
3% general wage increase ef fective the first full pay period of Fiscal Year 2024- 2025. Effective the first full pay period of Fiscal Year 2024-2025 , all salary ranges for employees holding positions in classifications assigned to the POA shall be increased by approximately 3%.

SPECIAL PAYS
• Shift Differential (See Attached)
• Education Incentive (See Attached)
• Recruitment and Retention Premium Pay (See Attached)

HOURS OF WORK AND OVERTIME
• Compensatory Time (See Attached)
• Voluntary Overtime (See Attached)
• Standby Duty (See Attached)

MODIFICATION OF BARGAINING UNIT WORK
• Modification of Bargaining Unit Work (See Attached)
Attachment A
2022 POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

BEREAVEMENT LEAVE
• Bereavement Leave (See Attached)

DISCIPLINE
• Disciplinary Actions – Salary Step Reductions (See Attached)

DISABILITY LEAVE AND SECONDARY EMPLOYMENT
• Disability Leave and Secondary Employment (See Attached)

PHYSICAL EXAMINATIONS
• Physical Examinations (See Attached)

COMMUNITY POLICING
• Community Policing (See Attached)

ASSIGNMENTS
• Assignments (See Attached)

SIDE LETTERS
• Investigations of Police Officer Misconduct (See Attached) • Body Worn Camera Policy (See Attached)
• Paid Parental Leave Pilot Program (See Attached)

POLICE REFORM REOPENER
• Police Reform Re-Opener (See Attached)

HOUSEKEEPING
• Housekeeping – Part 1 (See Attached)
• Housekeeping – Part 2 (See Attached)
• Retirement (See Attached)
• Health Insurance (See Attached)
• Dental Insurance and In Lieu (See Attached)
• Other Health Benefits (See Attached)

CONTINUATION OF EXISTING SIDE LETTER AGREEMENTS
The Side Letter Agreements listed below will remain in effect through June 30, 2025:
• Biometric Timeclocks
• Letter of Intent – Calls for Service
• Early Intervention System
2022 POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

OTHER TERMS
The terms contained in the Promotional Memorandum of Agreement s hall remain status quo with a term of July 1, 2022 to June 30, 2025.
*This agreement is considered tentative and shall not be considered final or binding until ratified by the membership and approved by the City Council. This document sets forth the full agreements of the parties reached during these negotiations. Anything not included in the document is not part of the Tentative Agreement.

FOR THE CITY: FOR THE UNION:

Jennifer Schembri Date Sean Pritchard Date
Director of Employee Relations President, SJPOA
Director of Human Resources
Anthony Mata Date
Chief of Police
12/6/22
12/6/22
12/6/2022
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

SHIFT DIFFERENTIAL
City Proposed Language:

Effective the first full pay period following Council approval in open session, but no earlier than the first full pay period in January 2023, the following provisions shall be implemented:

5.5.11 Shift Differential for Patrol Assignments.

5.5.11.1 A swing shift differential of two dollars and twenty-five cents ($2.25) shall be paid to employees for each regularly
scheduled hour worked between 3:00 p.m. and 1 a.m. , if at least five (5 ) hours of a reg ularly assigned schedule of continuous work hours are worked aft er 3:00 p.m. and
before 1:00 a.m, including attached overtime hours.

5.5.11.2 A graveyard shift differential of two dollars and fifty cents ($2.50) shall be paid to employees for each regularly
scheduled hour worked between 9:00 p. m. and 7:00 a.m., if at least five (5) hours of a regularly assigned schedule of continuous work hours are worked after 9 :00 p.m. and
before 7:00 a.m, including attached overtime hours.

5.5.11.3 Shift differential shall be paid to an employee for the hours worked when assigned to cover another employee’s
temporary absence and when the absent employee w ould
have otherwise qualified for shift differential as defined above.

5.5.11.5 Paid leave time does not qualify for payment of shift differential except when an employee uses a minimum of
forty (40) consecutive hours of vacation or compensatory time. The emplo yee will continue to be paid shift differe ntial as though th ey had worked their assigned shift during the period of vacation.

5.5.11.6 Except as otherwise requ ired by State or Federal law, shift differential pay shall not be incl uded as regular
compensation in computing other benefits.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

EDUCATION INCENTIVE AND REIMBURSEMENT
ARTICLE 7 EDUCATION INCENTIVE

7.1.2 The City agrees to pay each person who is awarded the Advanced Certificate additional compensation equal to the difference between his/her salary and the salary that is specified in the City's biweekly Salary Schedule at his/her salary range that is approximately seven and one-half (7 1/2% ) percent higher than his/her salary range for each biweekly pay period for which he/she is entitled to receive a salary under the provisions of this Agreement from and after the first day of the biweekly pay period following the earliest of either:
a. He/she files with the Finance Department that he/she has been awarded the Advanced Certificate from the Commission on Peace Officer Standa rds and Training, or
b. Sixty (60) days after the Police Department certifies and informs the Finance Department that the person has completed all of the requirements for the Advanced Certificate and the application for the Advanced certificate has been filed with the Commission on Peace Officer Standards and Training.

1. Proof of Advanced Certificate must be submitted to the Finance Department as soon as it has been received.

2. If within 180 days of the Police Department certifying and informing the Finance Department that the person has completed all of the requirement for the Advanced Certificate and the application has been filed with the Commission on Peace Officer Standards and Training proof is not filed with the Finance Department that said Advanced certificate h as been awarded or if it is determined by the Commission on Peace Officer Standards and Training that the person is ineligible for the Advanced Certification, any compensation provided pursuant to this agreement shall be terminated and he/she wi ll be requi red to repay to the City all compensation awarded pursuant to this agreement and any future compensation required by this agreement will start from and after the first day of the biweekly pay peri od following the filing of proof with the Finance Department that he/she has been awarded said Advanced Certificate. Once a determination is made that a repayment is due to the City, the full amount shall be due and payable to the City. Should an employee not make immediate payment in full a ny amounts due and payable will be deducted pursuant to Section 11.3.

Effective the f irst full pay period of Fiscal Yea r 2023-2024, the City agrees to pay each person who is awarded the Advanced Certificate additional compensation equal to the difference between his/her salary and the salary that is specified in the City's biweekly Salary Schedule at his/her salary range that is approximately eight and one-half (8 1/2%) percent higher than his/her salary range for each biweekly pay period for which he/she is entitled to receive a salary under the provisions of this Agreement as provided above. 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

RECRUITMENT AND RETENTION PREMIUM PAY
ARTICLE 5 WAGES AND PREMIUM PAY

5.1 Recruitment and Retention Pay
In acknowledgement of the current recruitment and retention issues of classifications assigned to the POA, effective January 3, 2016, all salary ranges for em ployees holding positions in classifications assigned to the POA shall receive an approximate 4% ongoing retention premium pay. T his payment is not pensionable.

Effective the first full pay period of Fiscal Year 2024- 2025, the 4% ongoing retention premium pay shall be rolled into base pay for all salary ranges for employees holding positions in classifications assigned to the POA. 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

COMPENSATORY TIME
ARTICLE 13

13.6.2 The outstanding amount of accrued compensatory time owed to an employee shall not exceed 240 hours by the end of each calendar year. An employee may exceed the 240 limit during the year but shall be responsible for bringing the balance back to the 240 hour maximum level by taking the time off prior to the end of the calendar year. This time off must be pre-approved by the supervisor.

13.6.2.1 Once an employee’s compensatory time balance reaches 300 hours, all requested time off, other than for sick leave purposes, must be coded as compensatory time off, until the compensatory time balance is below 240 hours, at which point an employee may elect to use any available vacation leave or compensatory t ime, unless the employ ee is within 6 0 hours of reaching th e maximum vacation balance, at which point it will be the employee’s election.

13.6.3 Once compensatory time off has been approved and scheduled, the employee shall be permitted to take such time o ff, un less emergency circumstances necessitate cancellation of such scheduled time off. In such event, the employee will remain credited with the compensatory time canceled.

13.6.4 Except as provided in Section 13.6.5 below, overtime worked by the employee for compensatory time shall remain compensatory time to be taken, subject to provision 13.6.2 and 13.6.3 above, so long as the employee continues his/her employment in a classification represented by the Organization. Any employee whose employment is t erminated by reason of resignation, discharge, or retirement, and who, at the time thereof has accrued unused compensatory time, shall be paid for such time at the appropriate rate. In the event of the death of an employee who has accrued unused compensatory time, the appropriate payment shall be made to the executor of the will, the administrator of the estate or other representative, as authorized by law.

13.6.5 Notwithstanding the provisions of section 13.6.4 above, the City shall have authority to require e mployees to immediately take time off to reduce the outstanding amount of accrued compensatory time off above the 240 hour maximum level, with the following exceptions:

13.6.5.1 If an employee is unable to reduce his/her comp-time balance to 240 hours by the end of the last pay period of the calendar year, by December 1 of that year, an employee s hall submit a written plan to h is/her immediate supervisor outlining how the excess hours will be reduced. If the employ ee submits a plan by that date, the employee shall receive a ninety (90) day carryover (to March 31 of the next calendar year) of any accrued
compensatory time hours above the 240 hour maximum level.

The plan shall include the reason(s) for the carryover need and plan of action to bring the compensatory time balance back into compliance by March 31. While on the plan, the employee will be ineligible for any voluntary overtime assignments, unless the 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

overtime is authorized for pay; authorization for paid overt ime shall be consistent with Department policy.

13.6.5.2 If an employee’s compensatory time balance is above the 240 maximum level at the end of the last pay period of the calendar year and the employee complied with the provision of subsection 1 3.6.5.1 above but earned additional compensat ory time hours above those previously identified for a ninety (90) day carryover or the employee did not submit a carryover plan because his/her compensatory time balance was at or below the 240 maximum level at the time the carryover plan was due for submittal; the employee shall submit either an amended or new plan to his/her immediate supervisor by the end of the first pay period of the new calendar year outlining how the excess hours will be reduced. If the employee submits the amended or new plan within the specified timeline, the employee shall receive a ninety (90) day carryover (to March 31 of the new calendar year) of any accrued compensatory time hours above the 240 hour maxim um level. The plan shall include the reason(s) for the carryover ne ed and plan of action to bring the compensatory time balance back into compliance within the ninety (90) day time frame.

13.6.5.3 If emergency circumstances necessitate that an additional sixty (60) days (beyond the limits set forth in provision 13.6.5. 1) is needed for an em ployee to bring his/her compensatory time balance into compliance with provision 13.6.2, the employee shall submit a written request to the Chief of Police, again outlining the reason(s) for the carryover need and plan of action to br ing th e compensatory t ime balance b ack into compliance.

The approval of this request shall be at the discretion of the Chief of Police.

13.6.5.4 No e mployee shall be required to reduce his/her individual number of accrued hours of compensatory time belo w 240 hours without the approval of the individual employee.

13.6.6 Supervisory approval or disapproval of compensatory time off shall be based on scheduling and staffing needs and not on an individual's reason for seeking to use the compensatory time.

13.6.7 The City reserves the right to buy down any employee's outstanding balance of compensatory time, subject to the provision of subsection 13.6.5.3. Such buy down shall be uniform, by percentage, as to all employees within a bureau.

13.6.8 In the ev ent the outstanding amount of accrued compensatory tim e owed to an employee exceeds 480 hours, the employee will automatically receive payment for any hours in excess of 480 hours.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

VOLUNTARY OVERTIME
ARTICLE 13 HOURS OF WORK AND OVERTIME

13.6.9 Employees who request to use sick leave will be ineligible to work any voluntary overtime assignments for a period of 24 hours beginning from the start of the shift they ca lled in sickthe day the sick leave is requested and the immediate day a fter (24 hou rs from the start of the shift) . In the even t that time is worked during the 24-hour period, during this period the employe e wi ll receive pay at the 1.0 rate for any hours actually worked.

Voluntary overtime shall be defined as any pre- planned, scheduled assign ment apart from an employee’s regular work assignment (i.e. a previously scheduled overtime Patrol shift). 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

STANDBY DUTY
ARTICLE 15 STANDBY DUTY

15.1 Employees assigned to the sections noted herein and who are required to perform stan dby duty shall be eligible for standby compensation in accordance with 15.3 , when explicitly informed and required by their supervisor to perform standby duty as described in Section 15.2 below.

1. The Sexual Assault Investigations Unit.

2. The Homicide Detail

3. The Crime Scene Unit

4. The Bomb Squad

5. Air Surveillance (See Section 5.2.8)

6. Internal Affairs

7. Covert Response Unit

8. MERGE

15.1.1 Standby Dut y Pay s hall not be aut omatic for any classifications assigned to the units specified above, and must be explicitly required of the employee as described in this article.

15.1.2 Instances in which employees are explicitly required to perform Standby Duty must be confirmed in writing by the Chief of Police or the employee ’s su pervisor and must confirm that the employee meets the eligibility requirements as described in this article.

15.1.3 Employees eligible for and r eceiving a premium pay (hazard pay) for their assignment in any of the units specified above are not eligible for Standby Duty Pay, unless they are explicitly informed and required, in writing, by their supervisor to perform standby duty as described in Section 15.2 below.

15.1.3.1 In no circumstance should an employee who is eligible for and receiving a premium pay (hazard pay) for their
assignment in any of the units specified above r egularly code Standby Duty Pay.

15.1.4 Employees in the classification o f Police Lieutenant shall be eligible for Stand by Duty Pay in accordance with this article only in instances where the empl oyee is explicitly directed by the Chief of Police or designee in writing.

15.1.52 Employees not assigned to a unit listed in 15.1this article shall be elig ible to receive standby compensation in accordance with 15.3 if the empl oyee is explicitly directed by th e employee’s 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

supervisor Chief of Police or the employee’s supervisor in writing to perform standby duty as described in 15.2 regardless of their assigned unit.

15.2 Standby shall mean the explicit and absolute requirement that an employee be ava ilable during s pecified off-duty hours to receive communication regarding a requirement to return to work and to be f it and able to return to work, if required. It shall not be considered standby when an employee is contacted and required to return to work but has not bee n required to be available for receipt of such contact, in which case the employee may be entitled to Call Back Pay in accordance with Article 14.

Employees assigned to standby duty shall be required to:
• Be ready to respond i n a reasonable amount of time to a request to perform job-related duties;
• Be readily available at all hours by telephone, o r oth er communications devices; and,
• Refrain from activities that might impair the performance of their assigned duties upon a call (i.e. any alcohol consumption).

15.3 An employee performing standby duty in accordance with section 15.1 or

15.2this article shall be cre dited wi th two (2 ) h ours compensatio n a t the appropriate rate for such standby duty performed on a regularly assigned work daywork day and three (3 ) hours compensation at the appropr iate rate for such stan dby duty assigned on regularly scheduled days off.

Such compensation shall be provided as set forth in Section 13.6 of this Article.

If the employee on standby i s called back to work, callback payCall Back Pay (as provided in Article 14 .1) shal l b e paid in lieu of standby payStandby Duty Pay.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

MODIFICATION OF BARGAINING UNIT WORK
ARTICLE 51 MODIFICATION OF BARGAINING UNIT WORK

51.1 The City has the discretion to contract out and/or civilianize the following positions during the term of this Agreement:
# Position Number
1 Bureau of Field Operations Administrative
Positions (BFO) 2
2 Public Information Officers (PIOs) 1
3 Crime Evidence/Warehouse Officer 2
4 Reserve Unit Officer 1
Total 6
The City and the POA further agree that during the term of this Agreement the City has the discretion to contract out/civilianize an additional five (5) positions except positions in patrol, investigations or Internal Affairs. Any discussion regarding the civilianization of positions in patrol, investigations or Internal Affairs will occur separately as part of the Police Reform discussions.

51.251.1 Any contracting o ut a nd/or further civilianization of positions represented by the POA during the term of this Agreement would be subject to the meet and confer process. The City will provide advance notice to the POA and the opportunity to demand to mee t a nd confer regarding contracting out and/or further civilianization of work currently performed by bargaining unit members.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

BEREAVEMENT LEAVE
ARTICLE 33 BEREAVEMENT LEAVE

33.1 Each full-time employee shall be granted bereavement leave with full pay for a period of forty (40) work hours to attend the customary obligations arising from the death of any of the following relat ives of such employee or employee’s spouse or employee’s domestic partner. All leave must be used within fourteen thirty (1430) calendar days following the death of the eligible person. Under extreme circumstances, the fourteen thirty (1430)-day requirement may be waived by the Director of Employee Relations. The decision of the Director of Employee Relations regarding the waiver shall be final, with no process for further appeal:
a) Parent/Step Parents
b) Spouse
c) Child/Step-Child
d) Brother/Sister/Step-Brother/Step-Sister/Half-Brother/Half-Sister e) Grandparents/Step-Grandparents
f) Great Grandparents/ Step- Great Grandparents
g) Grandchildren
h) Domestic Partner
i) Sister in-law/Brother in-law/Daughter in-law/Son in-law

33.1.1 A domestic partner, as re ferenced in Section 33.1, must be the domestic partner registered with the Department of Human Resources.

33.2 No eligible emp loyee shall be granted bereavement leave in the event of the death of any of the above relatives, if such employee is not sched uled to work when such bereavement leave is required.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

DISCIPLINARY ACTIONS
ARTICLE 25 GRIEVANCE PROCEDURE

25.8 Disciplinary Grievances

25.8.1 Employees in the bargaining unit shall only be disciplined for cause. Discipline is de fined to include those matters that are cognizable before the Civil Service Commission plus disciplinary transfers.

25.8.1.1 The San José Municipal Code defines disciplinary action as dismissal, demotion and suspension. In
addition, the appointing authority may reduce an
employee's salary step. The salary may be reduced
by no more than one (1) step of the salary range, and
the amount and length of time of the salary reduction
will be specified in the Notice of Intended Discipline.

The salary may be reduced either for a specified
period of time or until the condit ion which caused the salary reduction has been corrected.

25.8.2 Persons on probationary status (entry-level or promotional) may not appeal under this agreement rejection on probation.

25.8.3 Letters of reprimand may be appealed under this section on ly to the City Manager level.

25.8.4 Documented Oral Counselings (D OCs) retained by the Internal Affairs Division may be appealed under this section only to the level of Assistant Chief of Police. Ho wever, should a particu lar DOC b e the result of the Assistant Chief's having reduced a higher form of discipline to a DOC with which the affected officer is still dissatisfied, such DOC may be appealed to the level of the Chief of Police. DOCs received fo r preventable, automobile accidents shall not be appealable unless the officer con tends that the accident was not preventable.

25.8.5 Nothing herein constitu tes a waiver of rights of employees otherwise granted by law (e.g., Government Code Sections 3300 et. seq.).

25.8.6 An e mployee c hallenging a suspension, demotion, dismissal , salary step reduction or di sciplinary transfe r shall have the option of choosing between the dispute- resolution provisions of this Agreement, or appeal to the Civil Service Commission. Any 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

employee wh o w ishes to preserve the right of appeal to the Commission must comply with the ti me requirements fo r filing such appeal as specified in the Civil Service Rules. Within twenty (20) days of the date of a Notice of Discipline, the employee may file an appea l with the Civil Service Commission or pursue th e gri evance procedure or both. The grievance procedure shall begin at Step IV Arbitration for this process.

Immediate arbitration shall not apply.

25.8.6.1 Employees who, w ith the approv al of the
Organization, elect to use the dispute-resolutio n
provisions of this Agreement, as opposed to electing
their right to appeal their discipline to the Civil Service Commission, recognize and agree that an y re sulting
arbitrator’s award will be published. The published
version of the arbitrator’s awar d will redact t he name and any other identifying features of the officer to
preserve confidentiality. The opportunity to appeal to
the Civil Service Commission shal l fulfill the City’s
obligations to provide an administrative a ppeal
pursuant to Government Code section 3304.

25.8.7 The employee shall confirm his/hertheir election of remedie s in writing to the Director of Employee Relations. If the employee files an a ppeal to the Civil Service Commission and also an appeal through the grievance procedure of this Agree ment within the required timelines, the election of remedies must be made n o later than 45 days from t he date of the Notice of Discipline. The election of remedies must also be made prior to the submission of a request for a list of arbitrators and prior to scheduling a Civil Service Commission appeal hearing. As otherwise provided in this Agreeme nt, for the matter to go to binding arbitration, the POA must agree (i.e., must be the party taking the matter to arbitration).
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

DISABILITY LEAVE AND SECONDARY EMPLOYMENT
ARTICLE 32 DISABILITY LEAVE AND SECONDARY EMPLOYMENT

32.1 Subject to the terms, conditions, limitations and other provisions contained in this Article, a full-time employee of the City who i s required to be absent from active service for the City as the result of injury arising out of and in the course of his/her full-time employment with the City, shall b e deemed to be on Disability Leave of Absence from active City service fr om the time he/ she i s required because of such injury to be absent from such active City service, to the time it is no longer required by such injury to be absent from such active service or unt il his/her employment with the City ends or is terminated , whichever is the earlie r time, and in such situation, such full- time City employee shall b e entitled to receive, and shall be paid, in lieu of his/her regular salary, and in addition to such temporary disability compensation as he/she may be entitled to under the Workers' Compensation provisions of Division 1 or Division 4 of t he Labor Code of the State of California, such temporary disability leave compensation, if any, as he/she may be entitled to under the following provisions of this Article for the periods of time hereinafter specified in this Article.
“Disability leave of absence” is provided for a full-time employee of the City who is required to be absent from active service for the City as the result of injury arising out of and in the course of an employee’s full- time employment with t he City. Disability leave of absence from active City service extends from the time the employee is absent from City service due to an injury arising out of and in the course of full-time employment for the City to the time it is no longer required by such injury to be absent from such active service or until the employment with the City ends or is terminated, whichever is first. While on disability leave of absence, such employee shall be entitled to receive and be paid, in lieu of regula r salary, and in addition to any temporary disability compensation to which the employee may be paid under the workers’ compensation provisions of the California Labor Code, such temporary disability leave of absence compensation, if any, to which the employee may be entitled, under the following provisions of this Article.

32.2 Anything elsewhere to the contrary notwithstanding, no full-time employee of the City who is required to be absent from active service for the City as a result o f any injury shall be deemed to be on disability leave of absence, or be entitled to any compensation or other benefits under the provisions of this Article unless such employee, as a result and because of such injury and absence from active City service, is entitled to temp orary disability compensation from the City under and by virtue of the Workers' Compensation provisions of Division 1 or Division 4 of the Labor Code of the State of California. If the Workers' Compensat ion Appeals Board of the State of California, or any judicial court havin g jurisdiction over the matter, should determine that such employee is not entitled to temporary disability compensation from the City under said provisions of said Labor Code, said employee shall not be entitled to any benefits under the provisions o f this Article, and any monies theretofore paid to him/her under the provisions of t his Article shall be deemed to have been paid in error, and the City shall be entitled to recover the same.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

Notwithstanding anything to the contrary , disability leave of absence and compensation or benefits as a result of disability leave of absence will only entitle a full-time employee of the City who is required to be absent from active service for the City as a result of injury to compensation or other benefits if the employee is entitled to temporary disability benefits as a result of the injury and absence from service. If any money has been paid to said employee as benefits under the provisions of this Article and it is determined that the employee is not entitled to temporary disability, the City shall be entitled to reimbursement of the benefits/monies paid in error.

32.3 An employee of the City shall not be deemed to be on disability leave of absence and he/she shall not be entitled to any compensa tion or other benefits under the provisions of this Article if the injury as a result of which he/she is required to be absent from active City service results from (i) an act of gross negligence of such employee, or (ii) any work voluntarily undertaken by such employee which he/she had been prohibited from engaging in prior to the date of such injury by an examining physician of the City.

An employee shall not be deemed to be on disability leave of absence and shall not be entitled to any compensation o r other benefits under the provisions of this Article in situations including but not limited to injuries caused by intoxication or unlawful use of drugs, injuries that were intentionally self-inflicted, injuries that arose from an altercation where the employee was the initial aggressor, injuries that occurred during a felony that the employee committed and was convicted for, or injuries that arose out of voluntary participation in an off-duty activity not part of the employee’s work-related duties. The provisions of thi s article will be interpreted in a manner tha t is consistent with the Worker’s Compensation provisions of the California Labor Code.

A n employee shall not be deemed to be on disability leave of absence and shall not be entitled to any compensation or other benefits under the provisions of this Article if the injury results from any work voluntarily undertaken by the employee that is contrary to the work restrictions imposed by an examining physician.

32.4 An employee of the City shall not be deemed to be on disability leave of absence and shall not be entitled to any compensation or othe r benefits under the provisions of this Article for any period of absence from active City service if he/she is offered alternative employment during such period of absence in a class of employment identical or substantially similar to tha t in whic h the employee worked immediately prior to the time he/s he was requi red to be absent, and if, in additio n, such employee was physically qualified for such alternative employment and refused or failed to accept such employment.

32.5 In no event shall any compensation or other benefits be payable under the provisions of this Article to any employee, because of absence resulting from an injury, for any period of time greater than t he s hortest of any o f the following periods of time, to wit: (i) the time during which the employee is required to be absent from active City service a s a r esult of injury arising out of and in the course of his/her full- time employment with the City, (ii ) the period of time for 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

which temporary disability compensation is payable to the e mployee under the Workers' Compensation provisions of Division 1 or Divis ion 4 of the Labor Code of the State of Ca lifornia, (iii) one year. Also, no employee shall be enti tled to any benefit s or compensation under the provisions of this Article because o f absence resulting from an injury for any time after the expiration of f ive years immediately following the date of such injury.

Compensation or other benefits shall not be payable under the provisions of this Article to any employee during a disability leave of absence for any period greater than the following: i) the time the employee is required to be absent from active City service as a result of injury arising out of and in the course of employment with the City ii) the period of time for which temporary disability is payable under workers’ compensation provisions of the California Labor Code or iii) one year, whichever is shortest. No employee is entitled to benefits or compensation under the provisions of this Article beyond five years of the date of injury.

32.6 Unless and except to the extent other wise expressly provided in this Article, an employee who becomes entitled, because of disability, to any leave of absence , compensation or other benefits under the provisions of this Article, shall not be entitled to any salary, leave of absence or other compensation under the provisions of any other Section or Sections of this Article, or under the provisions of Chapter 3.12 of Title III of the San Jose Municipal Code, or under the provisions of any other ordinance or resolution, for or because of his/her injury or absence from active service, the leave, compensation and benefits provided by this Article for disability of such employee, being in lieu of, and not in addition to, salary leaves of absence, or other compensation or benefits to which the employee might otherwise become eligible under the provisions of any other Section of this Article, or under the provisions of Chapter 3.12 of Title III of th e San Jose Municipal Code.

An employee entitled to benefits or compensation pursuant to a disability leave of absence shall not be entitled to any salary, leave of absence or other compensation under the provisions of this Article, the San Jose Municipal Code , any other ordinance or resolution due t o an injury or disability leave of absence .

The disability leave of absence, compensation and benefits provided are in lieu of, not in addition to, other compensation or benefits to which the employee might otherwise become eligible, and the employee is not entitled to a duplication of benefits.

32.7 Subject to the terms, conditions, limitations and other provisions contained in this Article, a full -time employee of the City on disability leave of absence shal l be entitled to the following temporary disability leave compensation, to wit:

Subject to the terms, conditions, limitations and other provisions contained in this Article, a full-time employee of the City on disability leave of absence shall be entitled to temporary disability leave compensation as follows:
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

32.7.1 For the first 365 days of his/her disab ility leave of absence, or for such portion of such 365 days as he/she may be absent on such leave where he/she is abse nt for less than the full term of such 365 days, he/she shall be entitled to an amount of money which when added to th e temporary disability compensation paid or payable to him /her for such period of time under the Workers' Compensation provisions of Division 1 or D ivision 4 of the Labor Code of the State of California, will equal one-hundred (100%) percent of what would have been his/he r regular salary for such period if he/sh e were in active service rather than on disability leave of absence.

T he employee shall be entitled to an amount of money, paid as a supplement, for up to 2080 hours , which when added to the temporary disability compensation paid fo r that period of time, will equal 100% of what would have been the employee’s regular salary had the employee been in active service.

32.7.2 For any period of disability leave of absence following the expiration of the above-mentioned periods of time, he/she shall not be entitled to any compensation, except as provided by Article 31 hereof.

An employee shall not be entitled to any compensation except as provided by Article 31 of these provisions following expiration of the above-mentioned periods.

32.8 No employee shall be entitled to any compensat ion or other ben efits under the provisions of this Article unless the Director of Human Resources shall have determined that such employee is entitled to such compensation or benefits.

32.9 The Director of Hum an Resources in order to properly make any det ermination respecting an employee's claim to benefits hereunder, may require the employee to present evidence proving that such employee is entitl ed to the benefits claimed, including, but not limited to, proof of the injury, proof that it arose out of and in the course o f his/her employment with the City, proof of the disability a nd of its duration, and proof of any other relevant matters. Also, said Director may require the employee to submit himself to medical and physical examinations by physicians selected by said Director.

32.10 The Director of Human Resources shall not make any determination holding that an employee is entitled to any compensation or leave of absence hereunde r for any period of time because of an injury if the Workers' Compensation Appeals Board, or any judicial court having jurisdiction over the matter, shall have already determined that such employee is not entitled because of such injury to any temporary di sability comp ensation whatsoever from the City, or to any such compensation from the City for said period of time, under the Workers ' Compensation provisions of Division 1 or Division 4 of the Labor Code of the State of C alifornia. Any such determination by said Dir ector in v iolation of this paragraph shall be null and void and the City shall be entitled to reimbursement for any compensation paid by the City to the employee for the injury/absence. .
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

32.11 Also, in the event the Director of Human Resources should determine that an employee is entitled to any compensation or leave of absence hereunder for any period of time because of an i njury, and, subsequently, the Workers' Compensation Appeals Board, or any judicial court having jurisdiction over the matter, should deter mine that the employee is not entitled, because of such injury, to any temporary disability compensation whatsoever fr om the City, or to any such compensation from the City for such period of time, under the Workers' Compensation provisions of Division 1 o r Division 4 of sai d Labor Code, then in that event, the determination of said Director shall become null and void an d the City shall be entitled to reimbursement for all monies, if any, there tofore paid by the City to said employee for or because of said injury and absence.

If a decision of the Directo r of Human Resources regarding entitlement to temporary disability compensation or any compensation from the City for a disability leave of absence, conflicts with a determination made by the Workers’ Compensation Appeals Boa rd, or any judicial court having jurisdiction over the matter, the determination of the Director of Human Resources will become null and void and the City shall be entitled to reimbursement for any compensation paid by the City to the employee for the injury/absence.

32.12 Notwithstanding a ny other provisions of this Article, the San Jose Municipal Code, ordinance or resolution to the contrary, and in accordance with San Jose Police Department Duty Manual Section C 1535, an employee of the Ci ty who is placed on disability leave or modified duty shall not be authorized for secondary employment. Em ployees may appea l the suspension of their s econdary employment authorization to the Chief of Police or designee and request they be granted an exemption.

Criteria for denying an exemption request inclu de, but are not l imited to the following: (i) the employee is on total disability and is unable to perform modified duty for the Department that is within work restrictions imposed by an examinin g physician, (ii) if the secondary employment is medically detrimental to the total recovery of the disabled member, or ( iii) th e secondary employment requires substantially the same physical ability as would be re quired in the employee’s classification.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

PHYSICAL EXAMINATIONS
ARTICLE 8 INSURANCE BENEFITS

8.7 Physical Examinat ions
The City will provide adequate funding for the City Medical Services Division to conduct recurrin g ph ysical examinations every two years for employees age forty-five (45) and over and every three years for employees under the age of forty-five (45). Exams for affected employees will be current by the end of the term of this Agreement.

If in the eve nt th ere are any changes in the funding, structure, or staffing of Employee Health Services, the City and the Union agree to meet and confer regarding medical examinations
Employees are encouraged to receive annual physical examinations from their own medical provider. Proof of the annual physical examination may be provided to the Police Department Safety Unit void of any medical information. 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

COMMUNITY POLICING
ARTICLE 52 COMMUNITY POLICING

52.1 The POA hereby reiterates its support for the concept and implementation of community policing, and endorses the same. The POA and the City agree to combine efforts to ensure the success of Community Policing.

52.2 The mutual efforts of the parties include, but are not limited to, joint presentations by the Chief (or his/her designee) and the POA President (or his/her designee) to support Community Policing before members of the Police Department, community groups, media or other forums or groups determined by the parties.

52.3 Each party shall also support and encourage community policing on its own.

52.4 At its own expense, the POA shall provide printed material such as public education brochures on Community Policing for distribution to the residents and businesses in San Jose. Such printed materials shall be found acceptable by the Police Chief before distribution.

52.5 Eighteen (18) patrol positions within existing patrol teams in BFO shall be designated as Community Policing beats, in high gang and crime districts.

52.5.1 Each officer assigned to these specific beats will be responsible for including other community policing efforts within his or her district.

These officers will collaborate with SJPD Special Operations and Bureau of Investigations in an effort to focus their work in high crime areas, and will work with patrol command staff in order to liaison with community action teams and attend community meetings within their district. Community Policing Officers will collaborate with outside law enforcement agencies and City staff in order to gain useful information to perform their assignment efficiently.

52.5.2 Community Policing Officers will be assisted by special operations units in order to address community problems and goals, without affecting their patrol team’s work load or response time to calls for service (e.g., probation and parole searches, surveillance, search warrants, arrest warrant services).

52.5.3 Community Policing Officers will be in full uniform and drive a marked patrol unit in order to deter crime within the “hot spots.”

52.5.4 Community Policing Officers will not be subject to the paid overtime limits for Department approved community policing events, as determined by the Department. Overtime may occur during their scheduled work days, as well as days off, with supervisory approval.

52.5.5 The City and the POA agree to schedule periodic Coffee- With-A-Cop events.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

52.5.6 Community Policing Officers will be trained in other City and County services so they can quickly respond to and refer concerns to the most appropriate agency. Examples include, but are not limited to:
 Urban blight
 Trash cleanup
 Abandoned car removal
 Graffiti
 Vandalism
 Neighbor disputes
 Unhoused persons/camps
 Gang activity
 Neighborhood Watch/Neighborhood Association liaison

52.5.7 A City issued phone with dedicated Community Policing number will be provided to Community Policing Officers for the p urpose of providing residents and businesses with a designated phone number to contact for each division.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

ASSIGNMENTS
ARTICLE 17 ASSIGNMENTS

17.1 It is recognized an d agreed that the prima ry obligation of the Department is to provide service of the highest quality to the public. The r ight to assign personnel is inherent to providing such quality service.

Management also recognizes the desire of employees to periodicall y req uest changes in work assignments. In March and/or September of each year,Effective calendar year 2023, requests for shift and beat assignments based on seniority shall be accepte d from the employees in the representation unit in March and/or September of each year, subject to the rights of the Assistant Chief of Poli ce or in his/her absence his/her specifically designated representative to deny such request if, in his/her opini on, the obl igation of the Departmen t to provide the public with police service of the highest quality woul d not be fulfilled.

The resulting schedule based on this shift bidding shall be impl emented for the shifts beginning in May and/or November of each year.

Employees assigned to the eighteen (18) Community Policing Officer patrol positions as outlined in Article 52 , designated Foot Patr ol Officers, and employees in the classification of Police Lieutenant regularly assigned to day or swing shifts will request a shift and beat assignment based on seniority annually in March of each year.

In the event that patrol staffing turnover increases in patrol divisions by more than 50% in the November 2024 shift bid, when compared to patrol turnover data from the Ma y 2024 s hift bid, requests for shift and beat assignment s will automatically revert to being accepted annually from employees in March of each year. Patrol staffing turnover analysis shall not include any personnel assigned to an annual shift , and shall not include any personnel who leave patrol assignments for specialized assignments, have promoted, re tired, or been administratively assigned.

The annual shift change shall be implemented as follows:
• In March 2018, or once sworn staffing reaches 1009, whichever, comes first , one-third of the biddable patr ol spots sha ll c onvert to one-year long assignments and shall be subject to officers, sergeants and lieut enants r equests in accordance with section 17.1 annually.

The part ies shall meet and confer regarding which biddable patrol spots shall be one-year long assignments.
• Once sworn staffing reaches 1059, at the following shift change, a further one-third of the biddable patrol spots shall convert to one-year long assignments and shall be subject to officers, sergeants and 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

lieutenants requests in accordance with se ction 17.1 ann ually. The parties shall meet and confer r egarding which biddable patrol spots shall be one-year long assignments.
• Once sworn officer staffing reach es 1109 officers, at the following shift change, all remaining biddable patrol spots shall convert t o one- year long assignments and shall be subject to officers, sergeants and lieutenants requests in accordance with section 17.1 annually. The parties shall meet and confer regard ing which biddabl e patrol spots shall be one-year long assignments.

17.1.1 Any em ployee otherwise eligible to request a shif t and beat assignment as specified in pa ragraph 17.1 above whos e request for such assignment is denied, shall be entitled upon request to an explanation of the denial from the Assistant Chief of Poli ce o r th e Assistant Chief's specifically designat ed representat ive. Such request shall be made t o the A ssistant Chief o r his/her specifically designated representa tive within five working days following the denial.

17.1.2 In the event the matter is not r esolved by the Assistant Chief or his/her specifically designated representative, the employee may w ithin five (5) working days of the receipt of the Assistant Chief's decision appeal to the Employee Relations Director by submitting a written reque st for review. Within ten (10) working days following the receip t of the written request for review, the Employee Relations Dir ector or designee shall hold a meeting with the employee and/or the appropriate employee Organization representative. A written decision sh all be given to the employee and/or the appro priate employee representative within five (5) working days following such meeting.

17.1.3 In the event that the matter is not resolved as a result of the meeting referenced in 17.1.2 above, the employee may re quest a re view by the City Manager or his/her designa ted representative. Such request shall be in writing and shall include the reason or reasons why the employee is not satisfied with the decisions previousl y rendered. Within ten (10) working days o f the receipt of such written request for review, the City Manager or his/her designated represen tative shall notify the employee of the result s of such review. The decision of the City Manager or his/her designated representative shall be final and binding.

SIDE LETTER AGREEMENT

BETWEEN

THE CITY OF SAN JOSE
AND
THE SAN JOSE POLICE OFFICERS’ ASSOCIATION
Investigations of Alleged Police Officer Misconduct
December 6, 2022

The City and the San Jose Police Officers’ Association (POA) agree to the following through the term of the agreement.
• Any investigative report conducted by Internal Affairs ( IA) will be reviewed by the Independent Police Auditor (IPA). Selected investigative reports may also be reviewed by the Office of Employee Relations (OER), at its choosing. For investigations that are not deemed tolled pursuant to the Public Safety Officers ’ Procedural Bill of Rights (POBR), the investigative report will be provided to the IPA and/or OER no later than 9 months from the date the alleged misconduct was discovered by a person in the Department authorized to initiate an investigation before it is submitted to the IA Commander.
• The IPA and/or OER may provide written requests to the IA investigator in a timely manner, which may include, but is not limited to, requests for IA to interview additional witnesses, ask additional questions, or review an additional issue. The IA investigator must address written requests provided by the IPA and/or OER. The IA investigator must provide an additional opportunity for the IPA and/or OER to review any revisions to the investigative report based on the written requests provided by the IPA and/or OER prior to submission of the investigative report to the IA Commander.
• The parties agree that this Side Letter shall allow the IPA and/or IPA staff to be permitted to ask direct questions of a subject or witness officer during an administrative interview. In full compliance with POBR, the parties further agree that an officer is required to answer the Independent Police Auditor’s questions just as they are required to answer questions posed by Internal Affairs . The parties acknowledge that the POBR limits the number of interrogators in an administrative interview to no more than two at a time. Nothing herein changes that. • San Jose Municipal Code section 8.04.010 and subsection A.3.a will be amended to reflect the expiration date of this Agreement.

The parties agree to continue discussions on issues related to investigations of alleged police officer misconduct.

This Agreement is considered part of the tentative agreement for a successor MOA between the parties and shall become effective only as part of the overall tentative agreement for a successor MOA, and when signed by all parties below and approved by the City Council. The provisions contained in this Side Letter will end on June 30, 2025, unless mutually agreed upon by both parties.

FOR THE CITY: FOR THE UNION:

Jennifer Schembri
Director of Employee Relations
Date Sean Pritchard
President, SJPOA
Date
Director of Human Resources

Anthony Mata
Chief of Police
Date
12/6/22
12/6/22
12/6/2022
City of San Jose
December 6, 2022

SIDE LETTER AGREEMENT

BETWEEN

THE CITY OF SAN JOSE
AND
THE SAN JOSE POLICE OFFICERS’ ASSOCIATION (SJPOA)

BODY WORN CAMERA POLICY
The City of San Jose (“City”) and the San Jose Police Officers’ Association (SJPOA) hereby agree to the following changes to the Body Worn Camera Policy.

L 4444 ADMINISTRATIVE REVIEW OF BODY WORN CAMERA FILES:

Revised DATE
It is not the intent of the Department to review body worn camera files, without cause, for the purpose of general performance review of individual officers or to proactively discover policy violations.

Supervisors and Internal Affairs personnel may, however, access body worn camera files for administrative investigations limited to the specific complaint against the officer.

Supervisors should, on a reasonable basis, review body worn camera files to ensure that body worn camera equipment is functioning properly and officers are adhering to the requirements of this policy. Inadvertent discovery of evidence of policy violations during this review shall require the supervisor or Internal Affairs personnel to articulate the reason for expanding the scope of the original audit or investigation.

Supervisors who inadvertently discover policy violations will continue to have discretion to resolve the violation with training or informal counseling. Should the policy violation rise to the level of more formal discipline, the supervisor will adhere to policies set forth in the Duty Manual C 1700 (Allegations, Complaints and Non-Misconduct Concerns Internal Affairs Unit).

Exception: Field Training Officers, Sergeants and the FTO Commander may view body worn camera files to evaluate the performance of recruit officer in the Field Training Program.

Compliance Auditing, as defined in Duty Manual section L 4444.1, is a form of administrative review of body worn camera files and shall be conducted in accordance with Duty Manual section L 4444.2.

L 4444.1 BODY WORN CAMERA AUDITING DEFINED:

Added DATE
There are two methods of auditing body worn camera footage: compliance and performance.

Compliance auditing determines whether the body worn cameras are being activated in accordance with policy, whether the files are associated with the correct event numbers, and whether the files are tagged with the correct event type.

Side Letter – Body Worn Camera Policy
December 6, 2022
City of San Jose

Performance auditing involves an evaluation of what is shown on the body worn camera footage. The Department does not have a required performance auditing program.

L 4444.2 COMPLIANCE AUDITING:

Added DATE
It is not the intent of the Department to review body worn camera compliance to discover policy violations. Rather, the purpose is to provide training where appropriate and ensure the highest levels of evidence tracking and file association. Only egregious and/or repetitive violations should be handled in accordance with Duty Manual chapter C 1700 INTERNAL AFFAIRS UNIT - GENERAL PROVISIONS.

The Body Worn Camera Unit will produce compliance reports of metrics on body worn camera usage for supervisor review. These reports will include, at minimum, the following metrics:
- Activations / deactivations
- Event number association
- Event type tagging
All supervisors shall review the compliance reports of their subordinates and ensure the body worn cameras are being used in accordance with policy.

Any files with no or incorrect event numbers shall be corrected by the Department member who made the recording within seven (7) days of notification of the error. Any files with no or incorrect event type tagging shall be corrected by the Department member who made the recording within seven (7) days of notification of the error.

This Agreement is considered part of the tentative agreement for a successor MOA between the parties.

This Agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by SJPOA and approved by the City Council.

FOR THE CITY: FOR THE UNION:

Jennifer Schembri Date Sean Pritchard Date
Director of Human Resources
Director of Employee Relations
SJPOA President
Anthony Mata Date
Chief of Police
12/6/22
12/6/22
12/6/2022
City of San Jose
December 6, 2022

SIDE LETTER AGREEMENT

BETWEEN

THE CITY OF SAN JOSE
AND
THE SAN JOSE POLICE OFFICERS’ ASSOCIATION (SJPOA)
City-Paid Parental Leave Pilot Program
Effective as soon as practicable, the City of S an Jose (“ City”) and the San Jose Police Officers’ Association (SJPOA) agree to conduct a City-Paid Parental Leave Pilot Project (“Pilot Program”).

The terms and conditions of the Pilot Program shall be as follows:
• Effective for births, adoptions or foster care placeme nts that occur after the implementatio n of the Pilot Program , full-time emplo yees shall be eligible for City-Paid Parental Leave for a maximum of one (1) week consisting of up to forty (40) hours of continuous paid time off for the following City-Paid Parental Leave reasons:
a) The birth of a child of the employee or the employee’s registered domestic partner. b) The placement, through adoption or foster care, of a minor child with the employee or the employee’s registered domestic partner
In addition to t he forty (40) hours of continuous paid time off, full-time employees shall also be eligible use up to 120 hours of their available sick leave for City-Paid Parental Leave reasons o “Child” means a biological, adopted, or foster child who is under 18 years of age. • An indi vidual may be eligible for City-Paid Parental Leave on any day in which he or she is unable to perform his or her regular or customary work because of one or mo re City-Paid Parental Leave reasons.
• To be eligible for the City-Paid Parental Leave an e mployee must have passed probati on and completed at least 2,080 hours of service from the most recent date of hire. • Employees must complete a Leave of Absence Application 30 days prior to the commencement of leave where possible and submit required documentation upon request by the City. Requests for Ci ty-Paid Parental leave are s ubject to approval by the employee’s Department Director/designee.
• City-Paid Parental Leave shall be provided once per payroll calendar year. City-Paid Parental Leave is not an accrued benefit and not subject to pay out upon termination of employment.

Thus, employees are not paid out their City-Paid parental Leave when they leave the City and City-Paid Parental Leave may not be carried over beyond the end of the last day of pay p eriod 26 for each payroll calendar year. City-Paid Parental Leave is a “use it or lose it” benefit based on the payroll calendar year. The payroll calendar year begins the first day of pay period on e and ends the last day of pay period 26.
• All leave provi ded under this Pilo t Program runs concurrently with qualifying leave under the federal Family and Medical Leave Act and California Family Rights Act.

SJPOA Side Letter – City-Paid Parental Leave Pilot Project December 6, 2022
City of San Jose
December 6, 2022

• City-Paid Parental Leave and the us e of available sick leave balances fo r City-Paid Parental Leave reasons must be used and complet ed no later than 12 months from the birth or placement of a child.

The provisions contained in this Side Letter will expire on June 30, 2025.

This Ag reement is consider ed part of the tentative agreement for a successor MOA be tween the parties. This Agreement shall become effective only as part of the overall tentative agreement for a successor MOA, when signed by all parties below, ratified by SJPOA and approved by the City Council.

FOR THE CITY: FOR THE UNION:

Jennifer Schembri Date Sean Pritchard Date
Director of Human Resources
Director of Employee Relations
SJPOA President
Anthony Mata Date
Chief of Police

12/6/22
12/6/22
12/6/2022

SIDE LETTER AGREEMENT

BETWEEN

THE CITY OF SAN JOSE
AND
THE SAN JOSE POLICE OFFICERS’ ASSOCIATION (POA)
Police Reforms Work Plan Items and Reimagining Community Safety The City and the San Jose Police Officers’ Association (POA) are committed to continuing discussions related to items on the Police Reforms Work Plan, including the Reimagining Community Safety work plan item to identify new ways in which police o fficers can address social issues and reduce social conflicts that are non- criminal in nature, and identify initiatives and practices to help improve community and police relations. These items include, but are not limited to, continuing discussions on the following issues:
• Expansion of Reserve Officer Duties
• Use of Force Review
• Less than Lethal Use of Force Options
• Body Worn Camera Footage Audits
• Recruitments and Promotions
• Investigation of Alleged Police Misconduct
This Agreement is considered part of the tentative agreement for a successor MOA between the parties and shall become effective only as part of the overall tentative agreement for a successor MOA, and when signed by all parties below and approved by the City Council.

FOR THE CITY: FOR THE UNION:

Jennifer Schembri Date Sean Pritchard Date
Director of Employee Relations
Director of Human Resources
SJPOA President
Anthony Mata Date
Chief of Police
12/6/22
12/6/22
12/6/2022

2022 CITY OF SAN JOSE – POA NEGOTIATIONS
City of San Jose
December 6, 2022

HOUSEKEEPING – PART 1
ARTICLE 5 WAGES AND PREMIUM PAY

5.2 Crisis Intervention Training Pay

2.75% Crisis Intervention Training premium pay effective Fiscal Year 2018-2019.

Effective June 17, 2018, the Crisis Intervention Training premium pay shall be a total of approximately 2.75 %. Employees who sign- up or ha ve completed the Crisis Intervention Training premium by June 17, 2018 will be eligible to r eceive the Crisis Intervention Training premium pay of a total of approximately 3.75%. 1% increase to the Crisis Intervention Training premium pay effective Fiscal Ye ar 2019-2020. Effective Jun e 16, 2019, the C risis Intervention Training premium pay shall be a total of approximately 3.75%.

ARTICLE 7 EDUCATION INCENTIVE AND REIMBURSEMENT

7.1 Education Incentive

7.1.1 The Cit y agrees to pay each person who is awarded the Intermediate Certificate given by the Commission on Peace Office r Standards and Training of the State of Californ ia additional compensation equal to the difference between his/her salary and the salary that is specified in the City's biweekly Salary Schedule at his/her salary rate in the salary range that is approximately five (5%) percen t higher than his/her salary range for each biweekly pay period for which he/she is entitled to receive a salary under the provisions of this Agreement from and after the first day of the biweekly pay period following the earliest of either:
a) He/she files with th e Finance Department that he/she has been awarded the Intermediate Certificate from the Commission on Peace Officer Standards and Training, or
b) Sixty (60) days after the Police Department certifies and informs the Finance Dep artment that the person has completed all of the requirements for the Intermediate Certificate and the application for the Intermediate certificate has been filed with the Commission on Peace Officer Standards and Training.

1. Proof of Intermediate C ertificate must be subm itted to the Finance Department as soon as it has been received.

2. If within (180) days of the Police Department certifying and informing t he Finance Depar tment that the person has
completed all of the requirement for the Intermediate
Certificate and the applicatio n has be en filed with the 2022 CITY OF SAN JOSE – POA NEGOTIATIONS
City of San Jose
December 6, 2022

Commission on Peace Officer Standards and Training
proof is not filed with the Fi nance Department that said Intermediate certificate has been awarded or if it is
determined by the Commission on Peace Officer
Standards and Training that the person is ineligible for the Intermediate Certification, any compensation provided
pursuant to this agreement shall be terminated and he/she will be required to repay to the City all compensation
awarded pursuant to this a greement and an y future
compensation required by this agreement will start from and after the first day of the biweekly pay period following the filing of proof with the Finance Department that he/she has been awarded said Intermediate Certificate. Once a determination is made that a repayment is due to the City, the full amount shall be due and payable to the City.

Should an emplo yee not make immedi ate payment i n ful l any amounts due and payable will be deducted pursuant to Section 11.3.

7.1.2 T he City agrees to pay each perso n who i s awarded the Advanced Certificate additional compensation equal to the difference between his/her salary and the sala ry t hat is specifi ed in the City's biweekly Salary Schedule at his/her salary range that is approxi mately seven and one-half (7 1/ 2%) perc ent higher than his/her salary range for each biweekly pay period for which he/she is entitled to receive a salary und er the provisions of this Agreement from and after the first day of the biweekly pay period following the earliest of either:
a) He/she files with the Finance Department that he/she has been awarded the Advanced Certificate from the Commission on Peace Officer Standards and Training, or
b) Sixty (60) days after the Police Department certifies and informs the Finance Department that the p erson has completed all of the requirements for the Advanced Certificate and the application for the Advanced certificate has been filed with th e Commission on Peace Officer Standards and Training.

1. Proof of Advanced Certificate mus t be submitted t o the Finance Department as soon as it has been received.

2. If within 180 days of the Police Department certifying a nd informing the Finance Department t hat the person has
completed all of the requirement for the Advanced
Certificate and the application has been fi led with the Commission on Peace Officer Standards and Training
proof is not filed with the Finance Departm ent that said 2022 CITY OF SAN JOSE – POA NEGOTIATIONS
City of San Jose
December 6, 2022

Advanced certificate ha s been awarded or if it is
determined by the Commission on Peace Officer
Standards and Training that the person is ineli gible for the Advanced Certification, any compensation provided
pursuant to this agreement shall be terminated and he/she will be required to repay to the City all compensation
awarded pursuant to this agreement and any futu re
compensation required by this agreement will start from and after the first day of the biweekly pay period following the filing of proof with the Finance Department that he/she has been awarded said Advanced Certificate. Once a
determination is made that a repayment is due to the City, the full amount shall be due and payable to the City.

Should an employee not make immediate pa yment in full
any amounts due and payable will be deducted pursuant to Section 11.3.

7.1.3 Each person who, as of July 1, 196 9, had been continuously employed as a San Jose Police Officer for a period of ten (10) years or more, who was awarded the Basic Certificate given by the Commission on Peace Officer Standards and Training of the State of California on or before February 15, 1970, and who , on or before March 1, 1970, filed wi th the Director of Finance proof that he/she had been awarded said Basic Certificate on or befor e February 15, 1970, shall be entitled to the compensation provided in Section 7.1.1.

7.1.4 A person holdi ng a position in the classification of Police Artist (2244) is entitled to benefits under this Article only if such person is a sworn Police Officer.

7.1.35 Notwithstanding anything to the contrary contained in this Article, no person shall be enti tled to receive additional com pensation under the provisions of more than one section of this Article, provided, however, that in the eve nt that any person w ould otherwise be entitled to such additional compensation as is specified in two or more Sections, he/she shall be paid s uch additional compensation at the highest rate to which he/she is entitled, and no more.

ARTICLE 9 UNIFORM ALLOWANCE

9.1 Employees shal l re ceive a uniform allowance not to exceed $675 annually.

Payment shall be made during the first tw o pa y periods o f each mon th, in the amount of $28.12 per biweekly pay period. If an eligible employee is on unpaid leave for a period of one (1) full pay period or more, the employee will not receive uniform allowance pay for that period.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS
City of San Jose
December 6, 2022

9.2 I n the event new classifications are established during the term of this Agreement and assigned to Representation Units 011, 012 and 013 which consist solely of sworn personnel, such employees shall be paid an annual uniform allowance in accordance with the provisions of this Section.

9.3 The City agrees to pay the prorated cost of replacement or repair for uniforms damaged in the ordinary course of performance of r egular job duties. Schedules adopted by the City for such reimbursement shall be kept reasonably current.

ARTICLE 18 TRANSFER POLICIES

18.1 Police Officer Transfe r Policy
Specialized assignment transfers of Police Officers shall be governed by the Police Officer Transfer Po licy, updated April 2 2, 2014, which is h ereby incorporated by this reference. Copies of that Policy shall be disseminated to Unit Commanders, and to the Police O fficers Association. A copy of the policy shal l be kept in the Police Department Personnel Unit.

18.2 Sergeants Transfer Policy
The transfer of Sergeants shall be governed by the Sergeants’ Transfer Policy dated December 6, 2005, as modified by the par ties, incorporated herein.

Copies of that policy shall be kept in the Police Department Personnel Unit.

ARTICLE 19 FULL UNDERSTANDING, MODIFICATION AND WAIVER

19.1 This Agreement sets forth the full a nd entire understanding of the par ties regarding the m atters set forth herein, and any or all prior or existing Memorandum of Unders tanding, understandings and agreements, whether formal or informal, are hereby superseded and terminated in their entirety.

19.2 Existing benefits within th e s cope of representa tion, provided by ordinance or resolution of the City Council or provided in t he San Jose Municipal C ode, or provided in the Mem orandum of Agreement shall be continued without change during the term of this Agreement.

19.3 It is the in tent of the par ties that ordinances, resolutions, rules and regul ations enacted pursuant to this M emorandum of Agreement be administered and observed in good faith.

19.4 Although nothing in this Agreement shall preclude the parties from mutually agreeing to m eet and con fer o r negotiate on any subject within the scope o f representation during the term of this Agreement, it i s understood and agreed that neither party may require the other party to meet and confer or n egotiate on the subject matter covered he rein. This provision shall not apply to matters 2022 CITY OF SAN JOSE – POA NEGOTIATIONS
City of San Jose
December 6, 2022

covered by the provisions entitled "Consolidated Arbitration," in the Gr ievance Procedure herein.

19.5 The parties agree to re-open Article 18 of the agreement to address changes in the Sergeants’ Transfer Policy.

ARTICLE 37 LABOR MANAGEMENT COMMITTEE

37.1 Upon request by either party, Tthere shall be a Department Labor/Management Committee consisting of three (3) represent atives of the Department at the rank of Lieutenant and above, and three (3) members of the Association. The Chief of Police, or his/her designee, shall sit as one of the Department representativ es and any of the six (6) members may b e replaced with an alt ernate from time to time. The Director of Employee Relations shall be requested to attend Labor/Management meetings and shall be provided an agenda in advance. The Director of Employee Relations shall sit at these meetings and attem pt to resolve concerns to mutual satisfaction.

The Labor/Management Committee shall mee t no less tha n quarterly and shall consider and discuss matters of mutual concern pertaining to the improvement of the De partment and the welfare of its employees. Acco rdingly, the Labor/Management Committee will not discuss grievances properly the subject of the procedural process except t o the extent that such discussion may be us eful in suggesting improved department policies. Either the Association representatives or the Department rep resentatives may initiate discussion of any subject of a general nature affectin g the operation of the Department or its employees.

An agenda de scribing the issue(s) to be discussed shall be prepared by the initiating party and dist ributed at least three days in advance of each meeting, and minutes shall be kept and maintained.

All persons representing both parties sit as equals with the Director of Employee Relations sitting as the facilitato r. Nothing in this section shall be co nstrued to limit, restrict or reduce the management prerog atives outlined elsewhere in th is agreement.

ARTICLE 45 COPIES OF AGREEMENT
The City will provide one hundred (100) 8.5 x 11" copies of this a greement to the POA.

The City will also provide an electronic file of this agreement for the POA to use to make additional copies. Additionally, this agree ment wi ll b e available on the City’s Intranet and Internet websites.

ARTICLE 46 PERFORMANCE EVALUATION
2022 CITY OF SAN JOSE – POA NEGOTIATIONS
City of San Jose
December 6, 2022

46.2 Effective March 2022, tThe performance evaluation rating period will c oincide with annual shift change.

ARTICLE 54 TIME DONATION PROGRAMS
Employees may donate time to eligible employees as outlined in the Time Donation Programs Section in the City Policy Manual as of June 1, 2007. 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

HOUSEKEEPING – PART 2
ARTICLE 35 MAINTENANCE OF MEMBERSHIP

35.1 Except as otherwise provided herein, each employee who, on July 1, 2022December 10, 2013, is a member in good standing of the Organization shall thereafter, as a condition of employment, maintain such membership for the duration of this Agreement, to the extent of paying the periodic dues uniformly required by the Organization as a condition of retaining membership.

35.2 Any employee who, on July 1, 2022December 10, 2013 , is not a member of the Organization or any person who becomes an employee after December 10, 2013, shall not be required to become a member as a condition of employment. Any such employee who thereafter becomes a member of the Organization shall thereafter maintain such membership for the duration of the Agreement except as otherwise provided herein.

35.3 Any employee who, on July 1, 2022December 10, 2013 , was a member of th e Organization, and any employee who subsequently becomes a member may, during the period beginning July 1, 2022December 1, 2015 through June 30, 20XXDecember 31, 2015 , resign such membership and thereafter shall not be required to join as a condition of employment. Resignations shall be in writing addressed to the Director of Employee Relations with a copy to the Organization.

35.4 The Organization shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of the application of or implementation of the provisions of this Article.

ARTICLE 10 PERSONAL PROPERTY REIMBURSEMENT

10.1 The City will reimburse any Officer for the repair and/or the prorata cost of the replacement of personal property when such personal property is damaged or destroyed in the performance of his/her duties; provided, however, the amount of such reimbursement for items set forth in the City schedule covering personal property reimbursement shall not exceed the amounts listed in the schedule.

10.2 The above-described schedule shall be kept reasonably current.

10.3 Personal rings and watches shall be included on the above described schedule but the amounts shall be a subject of the 1983 contract negotiations and in the absence of agreement shall be submitted to an arbitrator for decision as to the amounts.

10.4 The above-described reimbursement shall not apply to any personal property issued by the Department.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

10.5 City may prohibit wearing or possession of jewelry other than watches and rings (described above) and/or exclude reimbursement therefor, in the performance of an Officer's duties.

10.6 These provisions shall not apply so as to require reimbursement for personal property not normally associated with an employee's daily work activity.

10.7 Pending litigation on personal property reimbursement shall be dismissed. Such dismissal shall be without prejudice. Provided, however, The reimbursement hereunder shall be the exclusive remedy and the Organization, on behalf of its members, waives any and all claims for personal property reimbursement under Labor Code Section 2802 so long as the provisions of this agreement are in effect and Organization members are permitted to seek reimbursement in accordance herewith.

10.8 Any claims paid for personal property reimbursement in connection with pending litigation are in full satisfaction of such claims.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

HOUSEKEEPING - RETIREMENT
ARTICLE 49 RETIREMENT
Article 49 may be subject to change by the Alternative Pensio n Reform Settlement Framework dated July 15, 2015, between the C ity and the Union an d the San Jose Police Officers’ Association.

49.1 Pension bBenefits of the Police and Fire Retirement Plan System are to be paid set forth and governed in accordance with the provisions of the City Charter, plan.Police and Fire Department Retirement Plan Municipal Code Sections, Alternative Pension R eform Framework, and Tripartite Retirement Memorandum of Agreement.

49.2 The City shall provide an annual pre -retirement advisory pr ogram cover ing benefits and rights of retired employees. The program shall incl ude retiree tax information, workers’ comp ensation and re habilitation benefits, and available alternatives to retirement.

49.3 Permanent employees represented by the POA who t ransfer to Fire service shall remain in the Police and Fire Retirement plan while they are in the Fire Academy.

Service from a reciprocal agency may not be combined with the C ity service in order to earn four (4%) percent per year.

49.5 Effective Jul y 1, 2006, the following employee paid plan changes will be in effect for all employees represented by the organization;

49.5.1 Elimination of the thirty (30)-day window for t he redeposi t of with drawn contributions, allowing for redeposit at anytime for active employees. Total impact to the plan to be paid by affected employee.

49.5.2 Elimination of the thirt y (30) -day wi ndow for the purchase of service credit for previous Fe derated Retirement s ervice cred it, allowing for purchase at any time for active employees. Total impact to the plan to be paid by affected employee.

The ability to purchase service credit for time on unpaid leave of absence. Total impact to the plan to be paid by affected employee.

In lieu of an enhancement to the current retire ment formula (2.5% of final compensation per year for up to 20 years and 4% of final compensation per year for 21-30 years of service), effective June 29, 2008, employees in classifications represen ted by the POA shall receive a 1.75% base pay increase. T he 1.75% base pay increase shall be added to the general wage increase effective on June 29, 2008, and shall not be compounded. 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

49.7 S e cond Tier Retirement Benefits – Employees Hired, Rehired, or Re instated on or After August 4, 2013:

It is hereby ackno wledged that the City of San Jose (“City”) and the San Jose Police Officers’ Association (“POA”) have met and conferred and reached an agreement over a second tier retirement benefit (“Tier 2”).

The retirement benefi ts for employees in Tier 2 are limi ted to those specifically defined in the second tier agreement and set forth in the City Charter. Tier 2 employees will receive the Tier 1 retiree healthcare benefits, inclu ding retiree healthcare survivorship benefits, unless otherwise modified through the meet and confer process.

For additional information, please see the Police and Fire Department Retirement P l an – Police Benefits Tier 2 Fact Sheet:
http://www.sanjoseca.gov/DocumentCenter/View/21133
ARTICLE 50 RETIREE HEALTHCARE FUNDING
Article 50 may be subject to change by the Alternative Pension Ref orm Settlement Framework dated July 15, 2015, be tween the City and the U nion and the San Jose Police Officers’ Association.

50.1 Retiree Healthcare benefits of the Police and Fire Retirement Plan System are set forth and governed to be paid in accordance with the provisions o f the City Charter, Police and Fire Department Retirement Plan Municipal Code Sections, Alternative Pension Reform Framework, and Trip artite Retirement Memorandum of Agreement. The City and the E mployee Organization agree to transition fro m the current partial pre -funding of police retiree medi cal and dental healthcare benefits (referred to as the “policy m ethod”) to pre -funding of the full Annual Required Contribution (ARC) for the police retiree healthcare benefits plan (“Plan”). The tra nsition shall be accomplished by phasing into f ully funding the ARC over a period of five (5) years beginning June 28 , 2009. The Plan’s init ial unfunded retiree healthcare liability shall be fully amortized over a thirty year period so that it shall be paid by June 30, 2 039 (closed amortization).

Amortization of changes in the unfunded retiree healthcare liability othe r than the initial retir ee heal thcare lia bility (e.g. gains, losses, changes in act uarial assumptions, etc.) shall be determined by the Plan’s actuary. The City and Plan members (active e mployees) shall contribute to funding the ARC i n the ratio currently provided u nder Section 3.36.575 (C) (1) and (2) of the San Jose Municipal Code. S pecifically, contributions for retiree medical benefits shall be made by the City and members in the ratio of one- to-one. Contributions for retiree dental benefits shall be made by the City and me mbers i n the ratio of three-to-one. When determining the c ontribution rates for the Plan, the Plan actuary shall continue to use th e Entry Age Normal (EAN) actua rial cost method and a discount rate consistent with the pre- funding policy for the Plan as outlined in this Article.

50.2 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

50.3 The City and the Employee Organiza tion further agree that the Mun icipal Code and/or applic able plan docu ments shall be amended in acco rdance with t he above agreement and that the Employee Organization will supp ort such amendments.

50.4 50.5 It is understood that in reaching this agreement, the parties have bee n informed by cost estimates prepared by the Police and Fi re Department Retirement Plan Board’s actuary, and that the actual contribution ra tes to reach full pre -funding of retiree heal thcare will diffe r. Th e phase-in to the ARC shall be divided in five steps (using a straight line method), each to be effective on the first pay period of the City’s fiscal year in each succeeding year. The first increment of the phase-in shall be effect ive on June 28, 2 009. It is understood that because o f changes resulting from future actuarial valuations, the amount of each increase may vary upward or downwar d. The City and Employee Organization agree that the Plan member cash co ntribution rate shall not have an incr emental increase of more than 1.25% of pensionable pay in each fiscal year and the City cash contri bution rate shall not have an incremental incr ease of more than 1.35% of pensionable pay in each fiscal year. For e xample, if the members’ cont ribution rate is 4% of pensionable pay, the subseq uent fiscal year’s contribution rate for retiree healthcare cannot exceed 5.25% of pensionable pay.

50.6 50.7 If, at any time the calculated Plan member cash retiree healthcare contribu tions exceed 10% of pens ionable pay or the calculated City cash retiree healthcare contributions exceed 11% of pensionable pay for the City (excluding im plicit subsidy), the parties shal l meet an d confer on how to address any retiree healthcare contributions above 10% of pensiona ble pay for Plan members or 11% of pensionable pay for the City in orde r t o fund the full ARC. Such discussions shall include al ternatives to reduce retiree h ealthcare costs. If the parties are unable to agree on the manner in whi ch to fully fund the retiree healthcare ARC (contributions exceeding 10% of pensionable pay for Plan members or 11% of pensionable pay for the City, excl uding implicit subsidy), applicable impasse dispute resolution procedures shall apply.

50.8 50.9 Nothing in this Article shall be const rued to obligate Plan members to pay more than 10% of pensionable pay o r t he City to pay m ore than 11% of pensionable pay to fund retiree healthcare.

50.10 50.11 The City will establish a qualified trust (“Trust”) before June 28, 2009. If the Trust can not be established before June 28, 2009, then the City will hold in a separate reserve any required contributions over the policy method and then deposit, with interest actua lly earned, into the Trust as soon as practical after the Trust is established.

50.12 50.1350.1 It is the objective of the par ties that the Trust created pursuant to th is agreement shall become the sole funding vehicle for Police retiree healthcare 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

benefits, subject t o any legal restrictions under the current plan, or other applicable law.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

CITY PROPOSAL – HOUSEKEEPING - HEALTH INSURANCE
The changes below are to incorpo rate the terms o f the Side Letter Agreement dated July 11, 2018, and signed by the POA on August 2, 2018, related to the City Healthcare Program.

ARTICLE 8 INSURANCE BENEFITS
Article 8 may be subject to change by t he Alternative Pension Reform Settlement Framework dated July 15, 2015, between the City and the Union and the San Jose Police Officers’ Association.

8.1 Health Insurance Coverage

8.1.1 Eligible employees may elect health insurance coverage under one of the available plans for employee only or employee and dependents.

8.1.2 Medical Insurance Provider w ith the Second Highest Overall Employee Enrollment The City will pay ninety percent (90%) of the full premium cost of the lowest priced Non-deductible HMO Co-pay plan with the second highest overall employee enrollment for the employee or the employee and dependent coverage, and the employee will pay ten percent (10 %) of the full premium cost of the lowest priced Non-deductible HMO Co-pay plan of the medical insurance provider with the second highest overall employee enrollment

8.1.3 Any deductible plans offered by the medical insurance provider with the secon d highest overall employee enrollment and whose cost is below ninety percent (90%) of the full premium cost of the lowest priced Non-Deductible HMO Co-Pay Plan will be offered t o full-time employees at no cost.

8.1.4 Medical Insurance Provi der w ith the Highest Overall Employee Enrollment . The City will pay eighty-five percent (85%) of the full premium cost of the lowest priced Non-deductible HMO Co-Pay Plan of the medical insurance provider with the highest overall employee enrollment cost plan for the employee or the for employee and dependent coverage and the employee will pays fifteen percent (15%) of the full premium cost of the premium for the lowest priced Non-Deductible Co-Pay Plan of the medical insurance provider with the priced plan of the medical insur ance provider with the for employee or for employee and dependent coverage highest overall employee enrollment..
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

8.1.5 If an fulltime employee selects a plan other than the lowest priced Non-deductible HMO Co- pay plans, the employee shall pays the difference between the total cost of the selected plan and the City’s contribution towards the lowest priced Non-deductible HMO Co-pay plan and the City ’s contribution toward the lowest priced Non-deductible HMO Co-pay plan of the medical insurance provider with the highest overall employee enrollment ( as described in Section 8.1.4 above).for employee or for employee and dependent coverage.

8.1.6 Default Healthcare Plan. New full -time employees and current employees not previously eligible to receive benefits who are hired into a full-time benefits eligible position and who do not sign up for a healthcare plan within thirty (30) calendar days from their hire date, will be automatically enrolled in the lowest cost HMO Deductible plan offered by the medical insurance provider with the second highest overall employee enrollment at the time the employee is automatically enrolled.

8.1.1 8.1.2 A $25 Co -pay plan shall be implemented for all HMO plans, including the following changes:
a. Office Visit Co-pay shall be increased to $25.
b. Prescription Co-pay shall be increas ed to $10 for generic and $25 - $30 for brand name.
c. Emergency Room Co-pay shall be increased to $100.
d. Inpatient/Outpatient procedure copay shall be increased to $100.

8.1.78.1.4 An employee may not be simultaneously covered by City- provided me dical benef its as a City employee, and as a dependent of another City employee or retiree.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

HOUSEKEEPING - DENTAL PLAN AND IN LIEU
ARTICLE 8 INSURANCE BENEFITS

8.2 Dental Plan

8.2.1 The City will offer provide dental coverage f or eligible ful l-time employees and their dependents in accordance with one of the two available plans. Copies of each Both plans document shall be available upon request in the are described in detail in the City of San Jose Employee Benefits Handbook a vailable on the City ’s website and in pamphlets avai lable in the Human Resources Department. This includes the payment by the City of any increases in the premiums during the term hereof.

8.2.1.1 Effective during the term of this agreement, all active , eligible, full-time employees and their dependents that have the Delta Dental PPO Plan , may receive a
lifetime m aximum of $2, 000 per eligible full -time
employee an d their depende nts f or orthodontic
coverage (must be medically necessary) and a
maximum for dental coverage of $ 2,11,500 per
person per calendar ye ar with a Delta Dental in -
network provider, and $2,000 for out of network..

8.2.1.1 8.2.2

8.2.2.1 Effective during the term of this agreement, all active , eligible, full-time e mployees and their dependents that have the Delta Dental HMO Plan may receive both medically and non-medically necessary orthodontia coverage once per eligible member per lifetime and no annual dollar maximums on general dental services.

8.2.2.28.2.1.2 8.2.38.2.2 The City will pay for provide dental coverage in the lowest priced plan for eligible full - time employees and their dependents who enroll. If an employee selects a pla n other than the l owest priced plan, the City will pay ninety-five (95%) percent of the full premium cost fo r the selected dental coverage for eligible full - time employees and their depen dents, and the employee shall pay five (5%) percent of the full premi um c ost for the selected plan.

8.2.48.2.3 An employee may not be simultaneously covered by City- provided dental benefits as a City employe e, and as a dependent of another City employee or retiree.
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

8.3 Payment- in-Lieu of Health and/or Dental Insurance Program

8.3.1 The purpose o f the payment-in-lieu of health and/or dental insurance program is to allow emp loyees who have double health and/or dental insurance coverage to drop the City's insurance and receive a payment-in-lieu.

8.3.2 Employees who qualify for and pa rticipate in the pay ment in-lieu of health and/or dental insurance program will receive the following per payperiod.

Health in-lieu Dental in-lieu
If eligible for family coverage $221.84 $19.95
If NOT eligible for employee plus
dependent family coverage
$89.09 $19.95

8.3.3 A Ci ty e mployee who receives healthcare coverage as a dependent of another City employee or retiree shal l be deemed not eligible for family coverage.

8.3.4 The payment-in-lieu of health and/or dental insurance program is available to full -time e mployees who are not on a reduced workweek or unpaid leave and have alternate g roup health and/or dental coverage. To qualify, a new employee must attest that the employee and all covered dependents have or will have minimum essential coverage under an alternative group medical/dental plan and an employee who has a life qualifying event must provide proof of alternate group coverage to Human Resources.

Alternate coverage must be acceptable by the City.

8.3.5 Enrollment in the payment- in-lieu of health and/or dental insurance program can only be done du ring th e first thirty ( 30) days of employment, during the annual open enrollment period or within thirty (30) days of a qualifying event (as defined in the Human R esources Be nefit Handbook) occurring anytim e during the year. Employees who fail to enroll in the p ayment-in-lieu program d uring the thirty (30)-day time limit after a qualifying event must wait until the next op en enrollment period to enroll in the p ayment-in-lieu of insurance program. The employee may cancel enrollment in the payment- in-lieu of insurance program only during t he annual open enrollment period unless the employee loses alternate group coverage. E nrollment or cancellation during the op en enrol lment p eriod will becom e effective the first pay period of the following calendar year.

8.3.6 P ayments for the in-lieu insurance program will be discontinued if an employee becomes ineligible for the program. An employee’s 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

ineligible status would include , but not be limited to, the following situations: employment status changes from full to part t ime, employee is o n an u npaid leave of absence, employee is on a reduced work week, or employee loses or does not have alternate insurance coverage. An employee whosewho’s in-lieu payments are discontinued may enroll, if eligible, in a health and/or de ntal plan during the next annual open enrollment period.

8.3.7 If an employee loses alternate coverage, the employee may enroll in a City health and/or dental plan outside of the open enrollment period but within thirty (30) days of the loss of alternate covera ge.

To be eligible the employee must provide verificati on that alternate coverage has been lost.

8.3.7.1 HEALTH INSURANCE: To enroll in a City health
insurance plan following the loss of alte rnate
coverage, the employee must pay a ll un paid
premiums (City and employee co ntributions) and
refund any excess in- lieu-payments required to make
the coverage effective on the date when alternate
coverage ceased. Re- enrollment in the health plan
shall be in accordance with the carrier’s enrollment
procedures.

8.3.7.2 DENTAL INSURANCE: Enrollment in a City dental
insurance pl an foll owing loss of al ternate c overage will bec ome effective the first of the month following payment of two dental premiums through the City’s
payroll process. R e-enrollment in the dental
insurance plan sh all not be retroactive . To enroll in a City dental insurance plan following the loss of
alternate coverage, the employee must pay all unpaid
premiums (City and employee contributions) and
refund any excess in-lieu payments required to make
the coverage eff ective on the date when alternate
coverage ceased. Re-enrollment in the plan shall be
in accordance with the carrier’s enrollment
procedures
2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

HOUSEKEEPING – OTHER HEALTH BENEFITS
ARTICLE 8 INSURANCE BENEFITS

8.4 Psychological Counseling – Employee Assistance Program (EAP) The City agrees to continue the Psychological Counseling Program (EAP) with the provider of services being subject to the approval of the Organization, with maintenance of Doctor-Patient relationship, and with supplementary counseling services available includi ng an alcoholic counseling component. Service provider shall meet insurance needs for City coverage.

The e xisting benefits to the members relative to the Doctor-Patient relationship, as contained in the contract between the City and the current provider, shall be maintained as a minimum.

8.5 Diagnostic Psychiatric Service
The City shall provide, when deem ed requi red, diagnostic psychiatric service in addition to the counseling described in 8.4 above.

8.6 Life Insurance
The City agrees to provide li fe i nsurance coverage in the amount of $10,000 for each full-time employee who is eligible for and a subscriber to life insurance benefits in accordance with the City’s self-insured plan.

8.6.1 Employees may apply to purchase additional Life Insur ance coverage in increments at the rate available to the City in amounts equal to 1x, 2x, 3x or 4x annual salary, not to exceed $750,000.

8.8 Wellness and Lifecheck
The City agrees to provide $60,000 per year for the du ration of this contract, which will allow for the appropriate testing, re-check and specific counseling of all persons represented by the bargaining unit. T he C ity may change the present provider after consultation with the Association.

8.8.1 The parties agree that the Wellness and Lifecheck program will not be funded for the term of this agreement. However, because this is a matter of mutual value and benefit, the pa rties will examine reinstituting this benefit for the subsequent MOA. 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

8.9 Critical Incident Stress Debriefing (CISD)
The City agrees to provide adequate funding for the duration of this contract so as to make available the necessary Critica l Incident Stress Debriefing (CISD) counseling utilizing the services of the present provid er, except that the Cit y may cha nge pro viders after consultation with the Association.

8.10 Inoculations and Immunization
If an employee while carrying out his/ her duty contracts is exposed to a contagious disease the City agrees to pay the related medical expenses for inoculation and immunization for officer and members of his/her family.

The City further agrees to reimburse any officer covered by one o f the City's insurance programs any co-p ayment required for inoculation and/or immunization required due to the exposure to a co ntagious disease as a result of the off icer carrying out his/her duties. Any applications for the above are subject to the revi ew and approval of the City on the basis of oral and/or written evidence presented by the employee.

8.11 Hepatitis B: As part of the pre- employment physical, the The City shall provide an inoculation/immunization program to all sworn members for the Hepatitis "B" virus at no cost to the employee. This program is in recognition of the fact that Police Officers are exposed to the Hepatitis "B" virus and it is presumed that exposure is job related for purp oses of Workers' Compensation benefits. If the offi cer does not want to take the Hep. B vaccine, they are required to sign a declination.

8.12 Employee Assistance Program Referrals
Employee Assistance Program Referrals: If a supervisor believes that an employee’s work performance or behavior while on duty is im paired and can be improved through the E AP, the Police Chief or designee (at the rank of Captain or above or the supervisor of the CMU) may require the employee to attend an initial screening session through with the Employee Assistance Program. The employee shall provide proof o f attending the initial appointment. Failure to attend or to provide proof of such attendance may subject the employee to disciplinary action. Actual results of the initial screening shall be subject to normal confidentiality provisions, unless the employee volu ntarily signs a release of information form. The employee’s decision to attend or not attend follow-up sessions shall be voluntary. Nothing in this article s hall preclude an employee from voluntarily agreeing to different conditions as part of a discipli nary settlement agreement. Employees may only be sent for a mandatory EAP 2022 CITY OF SAN JOSE – POA NEGOTIATIONS

TENTATIVE AGREEMENT
City of San Jose
December 6, 2022

session once per issue and the initial screening session shall be on work time.

8.13 Consist ent with Section L 7501 et se q., of the Duty Manual, em ployees involved in a critical inciden t shall undergo a counseling session with the Employee Assistance Program as soon as practicable following the incident. The counseling session shall be subject to normal confidentiality provisions, unless the employee voluntarily signs a release of i nformation form. The employee’s decision to attend or not attend follow-up sessions shall be voluntary.