NVF:SH
5/24/23
T-38765 / 2024636.doc 1
Council Agenda: 06-06-2023
Item No.: 3.4
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE APPROVING THE TERMS OF AN AGREEMENT
BETWEEN THE CITY OF SAN JOSE AND THE PEACE
OFFICER PARK RANGER ASSOCIATION (POPRA),
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL UNION NO. 3 (OE#3) FOR THE TERM OF JULY 1, 2023
THROUGH JUNE 30, 2027
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JOSE:
1. That the terms of a collective bargaining agreement between the City of San José and the Peace Officer Park Ranger Association (POPRA), International Union of Operating Engineers, Local Union No. 3 (OE#3) with a term of July 1, 2023 through June 30, 2027, are hereby approved. The City Manager is hereby authorized to execute the agreement with those terms on behalf of the City of San José.
2. The general terms of the agreement are set out and described in the Memorandum to the Honorable Mayor and City Council from Jennifer Schembri, Director of Employee Relations, dated May 30, 2023, and attached hereto as Attachment A and incorporated in this Resolution.
ADOPTED this _____ day of ___________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
TO: HONORABLE MAYOR FROM: Jennifer Schembri
AND CITY COUNCIL
SUBJECT: SEE BELOW DATE: May 30, 2023
Approved Date
SUBJECT: APPROVAL OF THE TERMS OF AN AGREEMENT WITH THE PEACE
OFFICER PARK RANGER ASSOCIATION (POPRA), INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 3 (OE#3)
FOR THE TERM OF JULY 1, 2023 THROUGH JUNE 30, 2027
RECOMMENDATION
Adopt a resolution approving the terms of a collective bargaining agreement between the City and the Peace Officer Park Ranger Association (POPRA), International Union of Operating Engineers, Local Union No. 3 (OE#3) for the term of July 1, 2023 through June 30, 2027 and authorizing the City Manager to execute the agreement with those terms.
SUMMARY AND OUTCOME
Adoption of the resolution to would result in collective bargaining agreements between the City of San José and the Peace Officer Park Ranger Association (POPRA), International Union of Operating Engineers, Local Union No. 3 (OE#3) and authorize the City Manager to execute an agreement with a term of July 1, 2023 through June 30, 2027 with those terms.
BACKGROUND
The City of San Jose’s collective bargaining agreement with the Peace Officer Park Ranger Associations (POPRA) will expire on June 30, 2023. POPRA currently represents approximately 11 full-time equivalent positions. This unit includes employee job classifications such as Park Ranger and Senior Park Ranger.
In April 2023, negotiations with POPRA on a successor agreement commenced, and on or about May 24, 2023, the City and POPRA reached an overall Tentative Agreement on the terms to be contained in the successor Memorandum of Agreement (MOA) between the City and POPRA.
COUNCIL AGENDA: 6/6/23
FILE:
ITEM:
ATTACHMENT A
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
HONORABLE MAYOR AND CITY COUNCIL
May 30, 2023
Subject: Approval of the Term of an Agreement with Peace Officer Park Ranger Association (POPRA), International Union of Operating Engineers, Local No. 3 (OE#3) for the term of July 1, 2023 through June 30, 2027
The Tentative Agreement is pending ratification by the POPRA membership. POPRA will notify the City of the ratification results prior to the June 6, 2023, City Council meeting.
ANALYSIS
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 July 1, 2023 through June 30, 2027
Pensionable
General Wage
Increase
Effective June 25, 2023, all salary ranges for employees holding positions in classifications assigned to POPRA shall receive a pensionable base pay increase of approximately 5.0%. This will result in both the top and bottom step of the pay range being increased by approximately 5.0%.
Effective June 25, 2023, all salary ranges for employees holding positions in Park Ranger and Senior Park Ranger classifications assigned to POPRA shall receive an additional 1.5% in recognition of the fact that POPRA received a 3% general wage increase in FY 2022-2023 whereas most other City employees received a 4.5% general wage increase.
Effective the first full pay period of Fiscal Year 2024-2025, all salary ranges for employees holding positions in classifications assigned to POPRA shall receive a pensionable base pay increase of approximately 4.0%. This will result in both the top and bottom step of the pay range being increased by approximately 4.0%.
Effective the first full pay period of Fiscal Year 2025-2026, all salary ranges for employees holding positions in classifications assigned to POPRA will receive a pensionable base pay increase of approximately 3.0%. This will result in both the top and bottom step of the pay range being increased by approximately 3.0%.
Effective the first full pay period of Fiscal Year 2026-2027, all salary ranges for employees holding positions in classifications assigned to POPRA will receive a pensionable base pay increase of approximately 3.0%. This will result in both the top and bottom step of the pay range being increased by approximately 3.0%.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
HONORABLE MAYOR AND CITY COUNCIL
May 30, 2023
Subject: Approval of the Term of an Agreement with Peace Officer Park Ranger Association (POPRA), International Union of Operating Engineers, Local No. 3 (OE#3) for the term of July 1, 2023 through June 30, 2027
COVID Bonus In recognition of work performed during the COVID-19 pandemic, a $1,000 one-time, non-pensionable lump sum payment shall be made to full-time employees holding positions in classifications assigned to POPRA effective June 26, 2023. To receive the one-time, non- pensionable lump sum payment, a full-time employee must have been employed in an POPRA represented position on May 11, 2021, and still be employed in an POPRA represented position effective June 25, 2023.
Field Training Pay
Health-In-Lieu
Paid-Parental
Leave
Effective the first full pay period in Fiscal Year 2023-2024, full-time sworn Park Rangers (2423) shall be eligible for an additional pay equal to approximately five percent (5%) of the employee’s current rate of pay for each hour the employee is assigned and is actually engaged in training of Park Ranger(s) during field training.
Effective as soon as practicable, employees who qualify for and participate in the payment-in-lieu of health and/or dental insurance program will receive $102.00 per pay period for single rate (currently $89.09).
Effective June 25, 2023, the Paid-Parental Leave Program will become permanent. For eligible births, adoptions, or foster care placements, full-time employees will receive a maximum total of one-hundred sixty (160) hours of continuous paid time off and shall be eligible to use a maximum total of one-hundred and twenty (120) hours of their available sick leave for City-Paid Parental Leave reasons.
Safety Equipment
Side Letter- Lateral
-Incentive Pilot
Program
Employees in the classifications of Park Ranger and Senior Park Ranger who are required to perform wildland suppression duties while on duty will be provided with boots that meet established Occupational Safety and Health Administration’s standards for a cost not to exceed $400. This incorporates a current side letter into the MOA.
Lateral Park Rangers hired after the implementation of the Lateral Hiring Incentive Pilot Program will be eligible for a non-pensionable lump sum payment of $10,000 paid in three installments; upon hire, upon completion of 6 months (1,040 hours); and upon passing probation (2,080 hours). Employees who separate from City employment or accept another position within the City that is not within the Park Ranger class series prior to their 1-year anniversary of passing probation, forfeit the one-time, non-pensionable lump DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
HONORABLE MAYOR AND CITY COUNCIL
May 30, 2023
Subject: Approval of the Term of an Agreement with Peace Officer Park Ranger Association (POPRA), International Union of Operating Engineers, Local No. 3 (OE#3) for the term of July 1, 2023 through June 30, 2027
Side Letter - Body
Worn Camera
Policy and Park
Ranger Duty
Manual
Side Letter -
Implementation of
PERB Settlement
Agreement
Side Letter - Unit
Designation
Side Letter -
Apprenticeship
Program
Side Letter – Lunar
Holiday
sum hiring incentive and, to the extent permitted by law, will be required to reimburse the City for the entire amount received.
A Body Worn Camera policy will be included in the duty manual for Park Rangers and Senior Park Rangers.
Agreement to continue discussions related to updating the duty manual.
Pursuant to PERB Settlement Agreement dated May 2, 2019, the parties agreed to add sworn part-time Park Ranger classification to POPRA and create a non-sworn Park Ranger Assistant classification.
These classifications will be created as of June 2023 and the parties agree that there should be an appropriate differential between the sworn and non-sworn classifications.
Effective June 25, 2023, the pensionable hourly rate for Park Ranger will be adjusted to $36.36/min. per hour and $44.19/max. per hour, and the pensionable hourly rate for Senior Park Ranger will be adjusted to $39.89/min. per hour and $48.62/max. per hour. These ranges do not include any pensionable general wage increases contained in the tentative agreement.
The City will initiate a Unit Designation process to move Park Ranger Assistants from International Operating Engineers, Local No. 3 (OE#3) to POPRA.
The City and POPRA will continue discussions to incorporate language applicable to part-time employees from the OE#3 MOA to the POPRA MOA.
The Park Ranger Assistant classification will not be eligible for the 5% non-pensionable compensation or the Crisis Intervention Training (CIT) premium pay.
The City and POPRA will continue discussions to establish an Apprenticeship Program for Park Rangers, which will be concluded by June 30, 2024, absent mutual agreement to extend.
As soon as practicable, once implementable for all City employees:
• Lunar New Year shall be observed as a City-observed holiday and New Year’s Eve Day shall no longer be a City-observed holiday.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
HONORABLE MAYOR AND CITY COUNCIL
May 30, 2023
Subject: Approval of the Term of an Agreement with Peace Officer Park Ranger Association (POPRA), International Union of Operating Engineers, Local No. 3 (OE#3) for the term of July 1, 2023 through June 30, 2027
EVALUATION AND FOLLOW-UP
No additional follow up action with the City Council is expected at this time.
COST SUMMARY/IMPLICATIONS
The increased cost of the 5.0% general wage increase effective June 25, 2023 is approximately $96,000 in all funds, of which $92,000 is in the General Fund. The ongoing costs for the 1.5% general wage increase effective June 25, 2023 is approximately $29,000 in all funds, of which $28,000 is in the General Fund. This increase is due to POPRA receiving a 3% general wage increase in 2022-2023 while most other City employees received a 4.5% general wage increase.
The ongoing costs for the increases related to bilingual pay, training pay, and health-in-lieu is approximately $6,500. The costs for the one-time, non-pensionable lump-sum payment as a COVID bonus is approximately $6,000. The ongoing costs of implementing the PERB Settlement agreement to ensure the appropriate differential between sworn and non-sworn classifications is approximately $93,000 in all funds, of which $87,000 is in the General Fund.
These increased costs will be offset by a decrease in the Salaries and Benefits Reserve or an alternative funding source and the recommended budget actions will be brought forward for City Council approval as part of a future budget process.
The ongoing increased cost of the 4.0% general wage increase effective the first full pay period of Fiscal Year 2024-2025 is approximately $81,000, of which $77,000 is in the General Fund.
These ongoing increases will be factored into the annual development of the 2024-2025 Base Budget.
The ongoing increased cost of the 3.0% general wage increase effective the first full pay period of 2025-2026 is approximately $63,000, of which $60,000 is in the General Fund. These ongoing increases will be factored into the annual development of the 2025-2026 Base Budget.
The ongoing increased cost of the 3.0% general wage increase effective the first full pay period of 2026-2027 is approximately $65,000, of which $62,000 is in the General Fund. These ongoing increases will be factored into the annual development of the 2026-2027 Base Budget.
Continuation of
Current Side
Letters
• Employees shall be entitled to an additional eight (8) hours of personal leave in recognition that City employees may wish to observe a personal holiday that is not observed by the City.
Hiring Incentive and Referral Bonus Program
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
HONORABLE MAYOR AND CITY COUNCIL
May 30, 2023
Subject: Approval of the Term of an Agreement with Peace Officer Park Ranger Association (POPRA), International Union of Operating Engineers, Local No. 3 (OE#3) for the term of July 1, 2023 through June 30, 2027
COORDINATION
This memorandum was coordinated with the City Attorney’s Office and the City Manager’s Budget Office.
PUBLIC OUTREACH
This memorandum will be posted on the City’s website for the June 6, 2023, City Council Agenda.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
CEQA
Not a Project, File No. PP17-010, City Organizational & Administrative Activities resulting in no changes to the physical environment.
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
JENNIFER SCHEMBRI
Director of Employee Relations
Director of Human Resources
For questions, please contact Sarah Steele, Senior Executive Analyst, at (408) 535-8158.
Attachment A – POPRA Tentative Agreement
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSE - POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San Jose
May 24, 2023
TERM
• July 1, 2023 – June 30, 2027
WAGES
• Fiscal Year 2023-2024
In recognition of work performed during the C OVID-19 pandemic, a $1,000 one - time non-pensionable lump sum payment shall be m ade to full-time employees holding positions in the full -time Park Ranger and Senior Park Ranger classifications assigned to POPRA effective the first full pay period in Fiscal Year 2023-2024 following union ratification and Council approval in open session. To receive the one -time, non-pensionable lump sum payment, a full-time employee must have been employed in an POPRA represented position on May 11, 2021, and still be employed in an POPRA position effective the f irst full pay period in Fiscal Year 2023-2024.
5.00% general wage increase effec tive the first full pay p eriod in Fiscal Year 2023-2024 following union ra tification and Council approval in open session .
Effective the first full pay period in Fiscal Yea r 202 3-2024 following union ratification and Council approval in open session, all salary ranges for employees holding positions in classifications assigned t o POPRA shall be incre ased by approximately 5.00%.
In addition, effective the f irst full pay period in Fiscal Year 2023-2024 following union r atification and Council approval in open session , all salary ran ges for employees holding positions in the full-time Park Ranger and Senior Park Ranger classifications assigned to POPRA shall receive an additional 1.5 0% increase in recognition of the fact that POPRA received a 3 .00% general wage increase in FY 2022 -2023 whereas most o ther City employees received a 4.5 0% general wage increase.
• Fiscal Year 2024-2025
4.00% general wa ge increase effective the f irst full pa y period of Fiscal Year 2024-2025. Effective the first full pay period of Fiscal Year 2024-2025, all salary ranges for employees h olding positions in classifications assigned to POPRA shall be increased by approximately 4.00%.
• Fiscal Year 2025-2026
3.00% general wa ge increase effec tive the f irst full pa y period of Fiscal Year 2025-2026. Effective the first full pay period of Fiscal Year 2025-2026, all salary ranges for employees holding positions in classifications assigned to POPRA shall be increased by approximately 3.00%.
• Fiscal Year 2026-2027
3.00% general wa ge increase effec tive the f irst full p ay period of Fiscal Year 2026-2027. Effective the first full pay period of Fiscal Year 2026-2027, all salary ranges for employees holding positions in classifications assigned to POPRA shall be increased by approximately 3.00%.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ATTACHMENT A
2023 CITY OF SAN JOSE - POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San Jose
May 24, 2023
WAGES AND SPECIAL PAY
• Bilingual Pay (See Attached)
• Field Training Pay (See Attached)
BENEFITS
• Health-In-Lieu (See Attached)
LEAVES
• Paid Parental Leave (See Attached)
OTHER
• Overpayments of Compensation (See Attached)
HOUSEKEEPING
• Housekeeping – Bereavement Leave (See Attached)
• Housekeeping – Sick Leave (See Attached)
• Housekeeping – Safety Equipment (See Attached)
• Housekeeping – Holidays (See Attached)
SIDE LETTERS
• Hiring Incentive and Referral Bonus (See Attached)
• Lateral Incentive Pilot Program (See Attached)
• Body Worn Cameras and Park Ranger Duty Manual (See Attached) • Implementation of PERB Settlement Agreement (See Attached) • Unit Designation (See Attached)
• Apprenticeship Program (See Attached)
• Holidays-Lunar New Year (See Attached)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSE - POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San Jose
May 24, 2023
OTHER TERMS
*This agreement is considered tentative and shall not be considered final or binding until a final agreement on all terms has been reach and both ratified by union members and approved by City Council.
FOR THE CITY: FOR THE UNION:
____________________________ ____________________________ Jennifer Schembri Date Jeremy Cabaccang Date
Director of Employee Relations Business Representative
Director of Human Resources POPRA
____________________________
Sarah Steele Date
Senior Executive Analyst
Office of Employee Relations
____________________________
Avi Yotam Date
Deputy Director
Parks, Recreation & Neighborhood Services Dept
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSE – POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San Jose
May 24, 2023
CITY PROPOSAL TO POPRA - BILINGUAL PAY
5.13 Bilingual Pay PT/FT. Eligible full time employees shall be compensated at the rate of $29.00 per biweekly pay period for each pay period. To be eligible for a bilingual pay premium pay, an employee must meet a t least one of the eligibility criteria in 5.13.1 or 5.13.2 below.
Each department is responsible for ensuring that employees receiving a bilingual pay premium pay meet the requirements set forth herein.
Each full-time employee who meets the eligibility requirements shall be compensated for performing oral communication , sign language duties , or written and ora l translation duties at the rate of sixty dollars ($ 60) per biweekly pay period for each pay period actually worked.
Each part-time benefited employee who meets the eligibility requirements shall be compensated for performing oral communication, sign language duties, or written and oral translation duties at the rate of fifty dollars ($50) per biweekly pay period for each pay period actually worked.
Each part-time unbenefited employee who meets the eligibility requirements shall be compensated for performing oral communication, sign language duties, or written and oral translation duties at the rate of fifty cents ($0.50) per hour.
5.13.1 The e mployee is or was s electively ce rtified for a position which has been approved by the Director of Human Resources, or designee, for selective certification based on bilingual ability and is currently assigned to such position, or
5.13.2 The duties currently assigned to an e mployee and/or currently being performed by an employee requires utilization of a non-English language on a regular basis.
5.13.3 Such employee must be certified as bilingual according to the current established procedure. Before changing t he current procedure, the C ity agrees to provide advanced notice to the Union, pursuant to Article 9.
5.13.4 In the event an eligible employee is on a paid or unpaid leave of absence, for a period of one full pay period or more, the app ropriate reduc tion in the above - mentioned compensation shall be made.
5.13.5 If an employee is denied biling ual pay under the requirements set forth in this article, the employee may appeal in writing to the Department Director, or designee, for reconsideration. If the employee is dissatisfied with the decision of the Department Director, or designee, the emplo yee may apply in writing for reconsideration with the Dir ector of Human Resources. The written decision of the Director of Human Resources shall b e final, with no pr ocess for furt her appeal.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSE – POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San Jose
May 24, 2023
5.13.6 If an employee who receives bilingual pay refuses to provide in terpretation or translation services for which they are certified, the employee shall no longer be eligible to receive bilingual pay.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSE – POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San Jose
May 24, 2023
CITY PROPOSAL TO POPRA – PARK RANGER FIELD TRAINING PAY
Article 5. 15 Park Ranger Field Training Pay. Effective the first full pay period in Fiscal Year 2023-2024, full-time sworn Park Rangers (2423) shall be eligible for an additional pay equal to approximately five percen t (5%) of the employ ee’s cu rrent rate of pay for each hour the employee is assigned and is actually engaged in training of Park Ranger(s) during field training.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSE – POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San Jose
May 24, 2023
CITY PROPOSAL TO POPRA – PAYMENT IN-LIEU OF HEALTH AND DENTAL
INSURANCE
5.6 Payment-in-lieu of Health and/or Denta l Insurance Program . The purpose of the payment-in-lieu of health and/or dental insurance program is to allow employees who have double hea lth and/or dental ins urance coverage to drop the City's insurance and receive a payment-in-lieu. The payment-in-lieu of health and/or dental insurance has a 4-tier structur e (Employee, Employee plus Spouse/Domestic Partner, Employee plus Child(ren) and Fa mily). Effective as soon as practicable in Fiscal Year 202 3-2024, following union ratification and Council approval in open session , the payment in lieu amount for employee only will be adjusted as provided in section 5.6.1.
5.6.1 Employees who qualify f or and participate in the payment -in-lieu health and/or dental insurance program will receive the following per pay period:
Health Insurance Tier Health-in-Lieu Dental-in-Lieu
Employee $89.09$102.00 $6.65
Employee plus spouse/domestic
partner
$147.87 $13.30
Employee plus Child(ren) $129.39 $11.64
Family $221.84 $19.95
A City employee who receives health and/or dental coverage as a depe ndent of another City employee or retiree shall be eligible for the employee only coverage for the payment-in-lieu of health and/or dental program.
An employee may not be simultaneously covered by City-provided medical benefits as a City employee, and as a dependent of another City employee or retiree.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSÉ – POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
May 24, 2023
CITY PROPOSAL – CITY-PAID PARENTAL LEAVE
City Proposed Language:
ARTICLE xx
City-Paid Parental Leave. Effective the first full pay period in Fiscal Year 202 3-2024 following union ratificatio n and Council approva l in op en sess ion, employees wi ll be eligible for the Paid-Parental Leave Progr am which will be incorporated into the City ’s Administrative Policy Manual.
Effective the first full pay period in Fiscal Year 2023-2024 following union ratification and Council approval in open session, for eligible births, adoptions, or foster care placements, full-time employees will receive a maximum total of one-hundred sixty (160) hours of continuous paid time off and shall be eligible to use up to a maximum total of one-hundred and twenty (120) h ours of their available sick leave for City-Paid Parental Leave reasons.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSÉ – POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San José
May 24, 2023
CITY PROPOSAL – OVERPAYMENTS OF COMPENSATION
City Proposed Language:
ARTICLE XX OVERPAYMENTS OF COMPENSATION
When the City determines an overpaymen t has been made to an employee, it shall notify the employee of the overpa yment a nd afford the employee an opportunity to respond prior to commencing recoupment actions. The City will endeavor to reach mutual agreement with the employee regarding repayment terms, which may be in lump sum cash payment(s) or installment (s) throug h payro ll deduction(s). Absent mutual agreement on a method of reimbursement within 30 days, the City shall proceed with recoupment via Payroll deductions over a number of pay periods equivalent to the term of overpayment, unless the maximum deduction pe r pay p eriod is insufficient t o repay the balance of the overpayment. In this case, the payments shall continue for as many pay periods is necessary to repay the balance of the overpayment . In no event shall amounts deducted from payment of salary or wag es exceed 15% of the employee’s net disposable earnings.
xx.x An employee who separates from City employment prior to full repayment of the amount owed to the City shall have any money owe d to the City withheld from their final paycheck(s). If the amount of money owed upon separation is insufficient to provide full reimbursement to the City, the City shall have the right to exercise any and all other legal means to recover the additional amount owed.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSE – POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San Jose
May 24, 2023
CITY PROPOSAL TO POPRA - HOUSEKEEPING FOR BEREAVEMENT LEAVE ARTICLE 22 BEREAVEMENT LEAVE
22.1 Employees shall be entitled to use bereavement leave for up to five (5) days due to the death of a qualifying relative. The days of bereavement leave need not b e consecutive.
Each full time or benefited part-time employee shall be granted bereavement leave with full pay for up to 40 work hours to attend to the customary obligations arising from the death of any of the f ollowing relatives of su ch employee, employee's spouse o r employee’s domestic partner. Due to the employee’s regular work schedule, if the five (5) day entitlement exceeds forty hours, employees may supplement the remaining time off using their accrued leave balances, including, but not limited to, sick leave. All leave must be used within 14 calendar days three (3) mon ths following the death of an applicable relative . Under extr eme circumstances, the fourteen (14) -day3-month requirement may be waiv ed by the Director of Em ployee Relations. The decision of the Director of Employee Relations shall be final, with no process for further appeal.
a) Parent/Step-Parent
b) Child/Step-Child
c) Spouse
d) Brother/Sister/Step-Brother/Step-Sister/Half-Brother/Half-Sister e) Grandparent/ Step-Grandparent
f) Great Grandparent/Step-Great Grandparent
g) Grandchild
h) Brother/sister/son/daughter in-law
i) Domestic Partner
22.1.1 A domestic par tner, as ref erenced in Section 22.1, must be registered with the Human Resources Department.
22.2 Anything here in above to the contrary notwi thstanding, no such employee shall be granted entitled to compensation for Bereavement Leave in the event of the death of any of the above rel atives, if s uch employee is not scheduled to work when such Bereavement Leave is required.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSE – POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San Jose
May 24, 2023
CITY PROPOSAL TO POPRA - HOUSEKEEPING FOR SICK LEAVE
ARTICLE 19 SICK LEAVE
19.1.2 Accrued sick leave may be utilized if the employee is required to be a bsent from work on account of non -job related illness o r injury; routine med ical or dental appointments, illness in the immediate family as defined herein; or absence of an eligible female employee due to illness, injury or disability related to pregnancy or child-birth. Immediate family shall be limited to t he eligible employee's mother, father, spouse, child or domestic partne r registered with the Human Reso urces Department. Up to 48 hours of accrued sick leave per calendar year may be utilized if the employee is required to be absent for the care related t o the illness or injury of the employee’s grandparent, grandchild, brother, sister, father-in-law, mother-in-law, stepfath er, stepmother, or stepchild, or designated person as defined in the City Policy Manual 4.2.1 Leaves of Absence Policy.
19.1.2.1 Accrued sick leave may also be utilized for job-related illness or injury in accordance with the provisions of Article 20 Disability Leave, Part 20.2 or if the employee is medically required to be absent from work between the date an examining physician determines the employee's condition to be "permanent and stationary" and the date the employee is so notified.
Such accrued sick leave may not be utilized if the employee is otherwise entitled to te mporary disability leave compensation for the above-referenced period of time. Accrued sick leave not to exceed three (3) working days may be granted at th e discretion of the Director of Human Resources or designee, following the notification referred to above. Telephone no tice or a notice mailed to the employee's la st known address of record shall be determined notice to the employee.
19.1.2.2 Accrued sic k leave not to exceed three (3) working days may be granted in circumstances where an alleged job-related illness or injury is involved, but the emplo yee fails to p rovide medical verifi cation of such job-related illness or injury.
19.1.2.3 Anything in thi s Article to the contrary notwithstanding, an employee who, pursuant to the provisions of Article 20 of this Agreement, has been receiving temporary d isability leav e compensation and wh o has received the maxim um allowable amount of suc h compensation pursuant to Article 20, and who is entitled to Workers' Compensation temporary disability benefits, and has exhausted all other available paid leave shall b e permitted to utilize accrued sick leave subject to the following restrictions: Sic k Leave shall be util ized in fifteen (15) minute increments, but in no event shall an employee receive an amount, including any Workers' Comp ensation temporary disability compensation, in excess of such employee's regular base pay.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSE – POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San Jose
May 24, 2023
CITY PROPOSAL TO POPRA - HOUSEKEEPING FOR SAFETY EQUIPMENT
The changes below are to incorporate the terms of the Side Letter Ag reement dated August 5, 2021, and signed by POPRA on August 10, 2021, related to Safety Equipment.
City Proposed Language:
ARTICLE 5.12.3
5.12.3 Safety Equipment. Employees in the classification of Park Ranger (2423 ) and Senior Park Ranger (2426) who are required while on duty, to wear the following, shall be provided each of said items: utility belt, four (4) belt keepers, handcuffs, handcuff case, protective vest, rainwear including raincoat and rain pants , OC spray, OC spray case, collapsible baton and scabbard . Additionally, employees in the classification of Park R anger (2423) and Senior Park Ra nger (2426) who are requir ed to perform wildland suppression duties while o n duty will be provided with boots that meet established Occupational Safety and He alth Administration’s (OSHA) standards for a cost not to exceed $400. Such items shall remain the property of the City and shall be returned to the City upon the employee’s separation from employment.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 2023 CITY OF SAN JOSE – POPRA NEGOTIATIONS
TENTATIVE AGREEMENT
City of San Jose
May 24, 2023
CITY PROPOSAL TO POPRA- HOUSEKEEPING FOR HOLIDAYS
ARTICLE 17 HOLIDAYS
17.1 Except as otherwise provided, each employee who is on paid status before and after the holidays specified below shall be entitled to paid holiday leave on each of the following specified days, and on no other day, during the term of this Agreement:
New Year’s Day Columbus Indigenous People Day
Martin Luther King Day Veterans Day
President’s Day Thanksgiving Day
Cesar Chavez Day Day After Thanksgiving
Memorial Day Christmas Eve Day
Juneteenth Christmas Day
Independence Day New Year’s Eve Day
Labor Day
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
PEACE OFFICER PARK RANGER ASSOCIATION (POPRA)
Hiring Incentive and Referral Bonus
This program is currently in effect and this side letter extends the program.
Hiring Incentive Pilot Program: Employees hired on or after the first full pay period after union ratification and approval by City Council , shall be eligible to receive a hiring incentive through the program outlined below.
The lump sum non-pensionable Hiring Incentive will be paid as follows:
Park Ranger (2423)
Timing Hiring Incentive
Upon Hire $1,500
Passing Probation $1,500
Total $3,000
The payment of the one -time, non-pensionable lump s um hiring incentive to new Park Ranger (2423) hires is contingent on the employee being cont inuously employed in the Park Ranger classification through their one (1) year anniversary of passing probation.
If an employee receives any portion or all of the one -time, non-pensionable lump sum hiring incentive, and separates from City employment or a ccepts another position withi n the City that is no t withi n the Park Ranger class series prior to their one (1) year ann iversary of passing probation in the Park Ranger series, the employee forfeits the one -time, non-pensionable lump sum hiring incentive an d, to the extent permitted by law, will be required to re imburse the City for the entire amount of the hiring incentive they have received. The employee may sign an agreement to deduct the bonus amount from his or her final paycheck of wages, subject to applicable laws. In the absence of such an agreement, the City shall deduct the hiring incentive amount from the employ ee’s leave payout s. If the employee’s leave payout amounts are not adequate to cover the entire amount of the hiring incentive, the City shall purs ue the reimbursement of the bonus through any other lawful means, including the collection process.
POPRA Referral Bonus: Employees in classifications that are represented by POPRA shall be eligible for a referral bonus under the POPRA Referr al Bonus Pilot Program. Employees must be currently employed in a POPRA represented position at the time of payment to receive the Referral Bonus.
Effective the first full pay period after this agreement has been ratified by union members and approved by City Council, current POPRA represe nted employees will receive a one-time non- pensionable lump sum Referral Bonus o f $3,750 for referring a new Park Ranger (2423) hire.
The POPRA Referral Bonus shall be paid once the new employee passes probation in the P ark Ranger classification.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
POPRA Side Letter – Hiring Incentive and Referral Bonus May 24, 2023
An individual who is newly hired shall be allowed to disclose a maximum of one (1) referral. The applicant must provide the referrer’s name on his or her application prior to submitting the application for consideration and c ertify that the referrer referred and/or as sisted in recruiting them, and that the applicant will not receive any portion o f the POPRA Referral Bonus provided to them.
Employees involved in the recruiting and/or or hiring of new Park Rangers (2423) are no t eligible to receive the POPRA Referral Bonus.
The POPRA Referral Bonus shall be in lieu of the existing Citywide referral bonus of $500 per referral.
This pilot program shall become effective on the first full pay period after union ratification and approval by City Council and shall expire on June 30, 20 27. The City retains th e ability to end the Hiring Incentive Pilot Program and/or the POPRA Referral Bonus Pilot Program at its sole discretion prior to June 30, 2027.
FOR THE CITY: FOR THE UNION:
Jennifer Schembri Date Jeremy Cabaccang Date
Director of Employee Relations
Director of Human Resources
Business Representative
POPRA
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
PEACE OFFICER PARK RANGER ASSOCIATION (POPRA)
Lateral Park Ranger Hiring Incentive Pilot Program
May 24, 2023
Effective as soon as practicable, the City and the POPRA agree to the implementation of a Lateral Park Ranger Hiring Incentive Pilot Program.
Lateral Park Rangers (2423) hired on or after the implementation of the Lateral P ark Ranger Hiring Incentive Pilot Program will be eligible for the following non -pensionable sump sum payments as specified in the table below:
The payment of the one-time, non-pensionable lump sum hiring incentive to lateral Park Ranger is contingent on the employee being continuously employed in the Park Ranger classification through their one (1) year anniversary of passing probation.
If an employee receives any portion or all of the one -time, non-pensionable lump sum hiring incentive, and separates from City employment or accepts another position within the City that is not within the Park Ranger class series prior to their one (1) year anniversary of passing probation in the Park Ranger series, the employee forfeits the one-time, non-pensionable lump sum hiring incentive and, to the extent permitted by law, will be required to reimburse the City for the entire amount of the hiring incentive they have received. The employee may sign an agr eement to deduct the bonus amount from his or her final paycheck of wages, subject to applicable laws. In the absence of such an agreement, the City shall deduct the hiring incentive amount from the employee’s leave payouts. If the employee’s leave payout amounts are not adequate to cover the entire amount of the hiring incentive, the City shall pursue the reimbursement of the bonus through any other lawful means, including the collection process.
This pilot program shall become effective on the first full pay period after union ratification and approval by City Council and shall expire on June 30, 20 27. The City retains th e ability to end the Lateral Hiring Incentive Pilot at its sole discretion prior to June 30, 2027.
FOR THE CITY: FOR THE UNION:
Jennifer Schembri Date Jeremy Cabaccang Date
Director of Employee Relations
Director of Human Resources
Business Representative, POPRA
Park Ranger (2423)
Timing Hiring Incentive
Upon Hire $3,000
Upon Completion of 6 months (1,040 hours) $3,000
Upon Passing Probation (2,080 hours) $4,000
Total $10,000
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
PEACE OFFICER PARK RANGER ASSOCIATION (POPRA)
Body Worn Camera Policy and Park Ranger Duty Manual
The City and the Peace Officer Park Ranger Association (POPRA) agree the attached Body W orn Camera Policy will be incorporated into the duty manual for Park Rangers and Senior Park Rangers.
The City and PORPA further agree to continue discussions to update the duty manual for Park Rangers and Senior Park Rangers, including any further discussions on body worn cameras.
This Agreement shall be considered part of the tentative agreement for a successor MOA between the parties. This agreement shall become effective only as part of the overall tentati ve agreement for a successor MOA, when signed by all par ties below, ratified by POPRA and approved by t he City Council.
FOR THE CITY: FOR THE UNION:
Jennifer Schembri Date Jeremy Cabaccang Date
Director of Employee Relations
Director of Human Resources
Business Representative
POPRA
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
San Jose Park Ranger Body Worn Camera Policy
FINAL DRAFT
DEFINITIONS
DEPARTMENT-ISSUED BODY WORN CAMERAS
A Department-issued body worn camera (BWC) is a camera worn on an individual Park Ranger’s person that records and stores audio and video. The use of the BWC system provides documentary evidence for park patrol, protection, and enforcement of state and municipal laws and park rules and regulations, including, but not limited to, issuing citations, making arrests and performing parking control activities and interactions with park visitors except as otherwise noted.
DEFINITIONS
Power On / Off – The process of powering on or off the recording device. This merely turns the BWC on or off and does not refer to recording. When powered on, the BWC is in buffering mode and capturing only 30 seconds of video but does not save the recording to memory unless the camera is activated.
Recording on / Activating – The process of recording video and/or audio to memory on the device.
Recording off / Deactivati ng – The process of stopping the recording. This discontinues the recording being saved to memory on the device but does not prevent the device from buffering.
BODY WORN CAMERAS-GENERAL PROVISIONS
The Department adopts the use of BWCs to record interactions between Park Rangers and the public. Park Rangers shall utilize BWCs in accordance with the provisions of this policy.
USER TRAINING
The Department shall ensure that each Park Ranger is trained in the use of the BWC prior to issuance and deployment. The training shall include:
1. Training on operation (including when to activate and deactivate), maintenance and care;
2. Training on mandatory, discretionary, and non-permissible uses of body worn cameras;
3. Periodic training on significant changes in the law pertaining to body worn cameras;
4. Additional training at periodic intervals to ensure continued effective use of the body worn camera equipment, performance, and to incorporate changes, updates or other revisions in policies and equipment.
PARK RANGER RESPONSIBILITIES
Every Park Ranger assigned a BWC is responsible for ensuring that they are equipped with a Department-issued BWC and that the camera is fully charged and in good working order at the beginning of their shift. If a device is in need of repair, Park Rangers will notify their supervisor DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. and turn the BWC into the Supervising Park Ranger for repair or replacement. Actual time spent testing or reporting damage to a BWC shall be regarded as time worked.
Note: This section is inclusive of all uniform types including Bicycle Patrol, ATV Patrol, and Boat Patrol.
Park Rangers should wear the BWC on their uniform at a location that will facilitate an optimum recording field of view. This location may vary from Park Ranger to Park Ranger based upon their specific uniform and body composition.
Park Rangers will ‘power on’ the BWC before going into service and keep it powered on for the remainder of their shift, with the exception of bathroom breaks or those times when a Park Ranger is entering a Department changing room. Outside of these two exceptions, the Park Ranger will only ‘power off’ their BWC at the conclusion of their shift prior to placing it in a docking station to upload.
Note: Exceptions to this rule are certain incidents referenced in the Procedures Related to Viewing BWC Footage Prior to Making Statements section of this policy. Also, during a technical rescue where the presence of the BWC may pose a risk to the Park Ranger or other rescue personnel.
Park Rangers shall not deliberately remove, dismantle or tamper with any hardware, video evidence, and/or the evidence management software component of the BWC.
Each Park Ranger is responsible for ensuring that their assigned BWC is uploaded during the ir shift as needed or at the completion of their shift, or at any time the device’s memory is deemed to be full. Actual time spent uploading the BWC files at the completion of a Park Ranger’s shift shall be considered booking evidence and regarded as time worked. Exceptions to the requirement that BWC files are uploaded during a Park Ranger’s shift or at the completion of their shift may be granted based on special circumstances such as a Park Ranger working a uniformed special event on a regularly-scheduled day off, and in those circumstances the Park Ranger should ensure their assigned BWC files are uploaded at the start of their next shift. Park Rangers should coordinate with their supervisor for these special circumstances.
Media captured via the BWC shall only be uploaded to Department-approved secure storage.
SUPERVISOR RESPONSIBILITIES
Supervisors shall utilize their BWC and ensure that Park Rangers utilize the BWC according to these policy guidelines.
Supervisors shall ensure videos related to any incidents referenced in the Procedures Related to Viewing BWC Footage Prior to Making Statements section of this policy are uploaded as soon as possible following the event or as requested by a supervisor.
Senior Park Rangers may review video captured by a Park Ranger’s BWC. At no time, except at the direction of the Director or designee, shall the supervisor [Supervising Park Ranger] allow a citizen to view the footage.
In those circumstances where a concern is addressed with no further action required, Senior Park Ranger shall note the incident in the CAD event and submit a memorandum to the Supervising Park Ranger.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEN TO ACTIVATE
The safety of Park Rangers and members of the public is the highest priority and Park Rangers shall turn on their BWC at the beginning of their shift and activate their BWC for all public contacts except as described in the Deactivate section of this policy.
During their shift, Park Rangers shall activate the BWC prior to initiating, or due to safety reasons, as soon as practical after initiating, the following actions:
1. All encounters where there is at least reasonable suspicion the person(s) has committed, is committing, or may be involved in an activity in violation of Federal, State, or Municipal rules and regulations.
2. While enroute, and prior to arrival, to a call for service (regardless if the suspect, victim, or witness is present at the scene).
3. Taking or attempting to detain a person or take a person into custody.
4. Enforcement encounters where there is reason to believe that the individual is committing a violation for which a citation may be issued.
5. All incidents involving the use of force.
6. All public interactions, regardless of context, that escalates and becomes adversarial.
7. Suspect statements.
8. Witness/Victim statements with exceptions detailed in the “Victim and Witness Statements” section of this document.
9. Administrative vehicle stops where appropriate within City parks.
WHEN TO DEACTIVATE
As a general rule, BWC recordings shall not be intentionally deactivated until the conclusion of the Park Ranger’s public contact, except for reasons as provided below.
Anytime the recording is deactivated prematurely, the reason(s) should be documented both o n the BWC recording before deactivation and in the appropriate report. If no report is filed for the recorded encounter, then the reason(s) for the early deactivation should be recorded on the citation, CAD event, or other appropriate report.
Park Rangers must deactivate their BWCs in the following situations:
1. During routine, incidental contact with a citizen, (i.e., giving directions or lunch breaks) unless the incident becomes adversarial or otherwise triggers a reason to activate (see “When to Activate” section of this document).
2. When in public or private locker rooms, changing rooms, or restrooms, unless responding to an incident.
3. During briefings or the discussion of safety and security procedures.
4. While actively engaged in wildland fire fighting activities with no expectation of public contact or enforcement activities.
5. During scheduled interpretive programs with prior supervisor’s approval.
6. When conducting purely maintenance or resource management assignments with no expectation of public contact or enforcement activities.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
7. While Park Rangers are engaged in conversations with individuals with whom the Park Ranger is in a privileged relationship (e.g. spouse, attorney, labor representative, minister, etc.).
Note: A privileged conversation does not include a conversation with another Park Ranger or supervisor while still actively engaged in a call for service, investigation, or enforcement encounter.
8. When entering the Santa Clara County Main Jail’s main facility.
9. When entering medical facilities.
10. When in a courtroom that is in session.
11. When engaging in trainings other than formal Field Training such as non-field training, refresher training, baton training, CIT, or other classroom training.
ADVISEMENTS AND CONSENT
Generally, Park Rangers are not required to advise or obtain consent to utilize the BWC from a private person when in a public place such as a City park.
However, when initiating contact with members of the public, Park Rangers shall make a reasonable effort to advise persons they are being recorded with the BWC, unless the P ark Ranger has reason to believe that doing so will endanger the safety of the Park Ranger, another Park Ranger, a member of the public, or will interfere with the performance of their duties.
When a Park Ranger’s grounds for a search is based solely on an individual’s consent, they are required to both advise and obtain consent to record with a BWC from the person who is authorized to grant consent and is being recorded and/or searched. This does not apply to crimes in progress or other circumstances that would allow the Park Ranger to be lawfully present without a warrant.
VICTIM AND WITNESS STATEMENTS
When conducting an investigation, the Park Ranger shall attempt to record the victim or witness statement with the BWC. The recording may be valuable evidence that contributes to or complements an investigation. While evidence collection is important, the Department also recognizes it is important for Park Rangers to maintain credibility with people wanting to share information.
Should a Park Ranger encounter a reluctant victim or witness who does not wish to make a statement on camera, the Park Ranger sha ll use discretion and not record the victim or witness statement with the BWC, but document on camera the reason for not fully recording the statement with the BWC. The BWC should be reactivated as soon as practicable after the victim or witness statement is provided.
UNAUTHORIZED ACCESS AND USE
All BWC recordings shall remain the property of the Department and constitute official records of investigation of the Department.
Unauthorized access to, use, duplication, and/or distribution of BWC files is prohibited. Park Rangers shall not make copies of any BWC file for their personal use and are prohibited from using a recording device such as a phone camera or secondary video c amera to record BWC files.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
The BWC shall not be used to record:
1. Encounters not directly related to official activities in the performance of Park Ranger duties.
2. Performance of non-enforcement functions or administrative duties within a department facility.
Personally owned BWCs shall not be used while on duty.
Note: All activity related to BWC video files are automatically tracked in the evidence management system’s audit trail. This information includes: the person accessing the file(s), the date and time of access, the activity that was performed, and the specific IP address from which the file(s) were accessed.
ACCIDENTAL RECORDINGS
In the event of an accidental activation of the BWC where the resulting recording is of no investigative or evidentiary value, the recording Park Ranger may request that the BWC video be deleted. The Park Ranger will submit a request for deletion via email, with sufficient information to locate the BWC file, to their direct supervisor.
The email will be forwarded through the Park Ranger’s chain of command to their Supervising Park Ranger. The receiving Supervising Park Ranger shall review the file and approve or deny the request. The Supervising Park Ranger will ensure the file(s) is not associa ted with a public contact or CAD event. No files associated with an official Park Ranger contact, CAD event, or any pending litigation or complaint are eligible for deletion.
Should the Supervising Park Ranger approve the request, they will send an email to the Deputy Director – Parks Division with the reason for the deletion, including the authorizing authority. Only Supervising Park Rangers, with the approval of the Deputy Director – Parks Division shall delete the files. The reason for the deletion, including the authorizing authority, will be documented in the notes of the videos. These notes are retained by the evidence management system’s audit trail. Deletions and requests for deletion are tracked by the Supervising Park Rangers’ Office.
Park Rangers will not request deletion of BWC files that are not the result of an accident. Should the Park Ranger knowingly or unknowingly record something of a confidential nature, the Park Ranger will do the following:
• Place an electronic Marker within the video (via the BWC’s Function Button) or within Evidence.com after uploading the video, AND
• Change the title of the video file(s) to “SENSITIVE/CONFIDENTIAL.” This will indicate to the Supervising Park Ranger that the file(s) contains som ething of a sensitive nature. In these situations, further discussion between the Park Ranger and the Supervising Park Rangers Office may be required for coordination.
• Park Rangers are also encouraged to provide additional information in Evidence.com as to the sensitive or confidential nature of the video by adding notes within the video file.
This will assist the Supervising Park Ranger with proper identification of the sensitive/confidential evidence.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
DOCUMENTING USE OF THE BODY WORN CAMERA
Park Rangers should not substitute a BWC recording for a detailed and thorough report. Park Rangers should continue to prepare reports as outlined in Department policy.
If a Park Ranger is required to write a report or citation, the Park Ranger will also document in the report or citation the fact that a BWC was used to record the incident. If the BWC was not activated as per policy, the Park Ranger shall document in the report or citation the reason and/or justification for not activating their camera. Park Rangers shall advise Dispatch if the BWC was activated or not activated when clearing a call for service.
REVIEW OF BODY WORN CAMERA FILES
All BWC video file viewing and sharing is for City business use only. Department personnel may review BWC files according to the provisions of this policy and are reminded that all activity related to BWC video files are automatically tracked in the evidence management system’s audit trail.
This information includes: the person accessing the file(s), the date and time of access, the activity that was performed, and the specific IP address from which the file(s) were accessed.
A Park Ranger may review BWC files, including those of other Park Rangers, in the following instances:
1. For the purposes of completing investigations and preparing accurate official reports with the exception of making statements following certain incidents. See Procedures Related to Viewing BWC Footage Prior to Making Statements.
2. Prior to courtroom testimony or for courtroom presentations, or as part of preparation by the San Jose City Attorney’s Office for litigation in which a Park Ranger is a party or a witness and the City Attorney’s Office is representing the City and/or Park Rangers who are parties to the litigation.
3. For potential training purposes as referred to in the Training with Body Worn Camera Files section below.
4. For preparation of a personnel investigation interview, including review with a Park Ranger representative, outside the presence of any investigator or supervisor.
5. For other reasons as specified with the permission of the Director or designee.
Exception: Department members identified as Administrative Users may access BWC files from a computer or device outside of the Department for the purpose of completing administrative tasks, such as locking or unlocking users, etc.
PROCEDURES RELATED TO VIEWING BODY WORN CAMERA FILES PRIOR TO
MAKING STATEMENTS
The Department recognizes that the video images recorded on the BWC are two dimensional and cannot always capture the entire scene due to a number of limiting factors. The BWC file(s) should be considered as just one piece of evidence collected from a scene or incident and not a singularly-inclusive piece of evidence.
Following a use of forc e that causes, or is reasonably expected to cause great bodily harm, substantial bodily harm, loss of consciousness, or death that requires a Park Ranger to make a statement related to that incident, Park Rangers and their representative(s) shall not view their DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
BWC video, or any video capturing their image or the incident on any device, prior to making an initial statement. Use of force is defined in the San Jose Park Ranger Policy Manual Section 300.
In situations where the San Jose Police Department is charged with the investigation and collection of evidence, the Department will release all involved Park Ranger BWCs to the San Jose Police Department. The San Jose Police Department will be responsible for ensuring the BWC file is uploaded on the Department’s system.
ADMINISTRATIVE REVIEW OF BODY WORN CAMERA FILES
The Department may review BWC files at any time and address any policy violations committed by Park Rangers upon discovery by the Department.
Supervisors and other investigators may access BWC files for administrative investigations.
Supervisors should, on a reasonable basis, review BWC files to ensure that BWC equipment is functioning properly and Park Rangers are adhering to the requirements of this policy.
Supervisors who inadvertently discover policy violations will 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 articulate the reason for expanding the scope of investigation to the Supervising Park Ranger and adhere to policies set forth in City policy.
Exception: Senior Park Rangers and the Supervising Park Ranger may view BWC files to evaluate the performance of a recruit Park Ranger.
TRAINING WITH BODY WORN CAMERA FILES
A BWC file may be utilized as a training tool for individuals, specific units, and the Department as a whole. Department members recommending utilization of a BWC file for training purposes will submit the re commendation to their supervisor for approval and contact the Supervising Park Ranger for assistance as needed.
Exception: Senior Park Rangers may use BWC files to provide immediate training to recruits and to assist with the completion of the Daily Observation Report (DOR).
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
PEACE OFFICER PARK RANGER ASSOCIATION (POPRA)
Implementation of PERB Settlement Agreement
Effective July 2, 2019, Park Rangers were granted formal recognition as a se parate bargaining unit pursuant to a Public Employee Relations Board (PERB) Settlement Agreement dated May 2, 2019 to represent full-time Senior Park Rangers and full-time Park Rangers. This became effective September 29, 2019.
Further, the parties mutually agreed to the fo llowing classification structure changes pursuant to the PERB Settlement Agreement:
Current Structure
→
Future Structure
FT Classification PT Classification FT Classification PT Classification Park Ranger FT
(POPRA) N/A Park Ranger FT
(POPRA)
Park Ranger PT
(POPRA)
N/A Park Ranger PT
(OE#3)
Park Ranger
Assistant FT
(POPRA)
Retitled to:
Park Ranger
Assistant PT
(POPRA)
To ensure the appropriate differential between Park Rangers (sworn) and Park Ranger Assistants (non- sworn), effective the first full pay period in Fiscal Year 2 023-2024 following union ratification and approval by City Council, the salary ranges for Park Ranger and Senior Park Ranger will be as follows:
Classification Pensionable Min. Hourly Rate Pensionable Max. Hourly Rate Park Ranger Assistant $36.08 $43.98
Park Ranger (FT/PT) $36.26 $44.19
Senior Park Ranger $39.89 $48.62
The ranges listed above do not include any other items contained in the tentative agreement.
This Agreement shall be considered part of the tentative agreement for a successor MOA between the parties. This agreement shall become effective only as part of the ov erall tentati ve agreement for a successor MOA, when signed by all parties below, ratified by POPRA and approved by the City Council in open session.
FOR THE CITY: FOR THE UNION:
Jennifer Schembri Date Jeremy Cabaccang Date
Director of Employee Relations
Director of Human Resources
Business Representative
POPRA
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
PEACE OFFICER PARK RANGER ASSOCIATION (POPRA)
Unit Designation of Park Ranger Assistants
The City and the Peace Officer Park Ranger Association (POPRA) agree the City will initiate a Unit Designation process to move the Park Ranger Assistant classification currently represented by International Union Operating En gineers, Local No. 3 (OE#3) to the Peace Officer P ark Ranger Association (POPRA).
The City and PO PRA further agree to continue discussions to incorporate language applicable to part- time employees from the O E#3 Memorandum of Agreement (MOA) to the POPRA MOA . The parties further agree that the Park Ranger Assistan t classification will not be el igible for the 5% non- pensionable compensation or the Crisis Intervention Training (CIT) premium pay.
This Agreement shall be considered part of the tentative agreement for a successor MOA between the parties. This agreement shall becom e effective only as part of the overall tentati ve agreement for a successor MOA, when signed by all parties below, ratified by POPRA and approved by the City Council.
FOR THE CITY: FOR THE UNION:
Jennifer Schembri Date Jeremy Cabaccang Date
Director of Employee Relations
Director of Human Resources
Business Representative
POPRA
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
PEACE OFFICER PARK RANGER ASSOCIATION (POPRA)
Apprenticeship Program for Park Rangers
The City and the Pea ce Officer Park Ranger Association (POPRA) agree to continue discussions to establish a n Ap prenticeship Program for Park Rangers. The parties agree that any discussions regarding the apprenticeship program will be concluded by June 30, 2024, unless mutually agreed to extend.
This Agreement shall be considered part of the tentative agreement for a successor MOA between the parties. This agreement shall become effective only as part of the overall tentati ve agreement for a successor MOA, when signed by all parties below, ratified by POPRA and approved by the City Council.
FOR THE CITY: FOR THE UNION:
Jennifer Schembri Date Jeremy Cabaccang Date
Director of Employee Relations
Director of Human Resources
Business Representative
POPRA
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
PEACE OFFICER PARK RANGER ASSOCIATION (POPRA)
LUNAR NEW YEAR
The City and POPRA agree that the following will become effective as soon as practicable once this can be implemented for all City employees:
Lunar New Year shall be observed in accordance with the State of California’s holiday schedule and New Year’s Eve Day shall no longer be a City-observed holiday. The following changes will also be implemented at the time the holiday change is implemented:
18.4 Personal Leave. Effective the first pay period of each payroll yearEach full-time employee shall be entitled to an additional eight (8) hours of personal leave hours which is granted in recognition that City employees may wish to observe a pe rsonal holiday that is not observed by the City. , each Each full time employee shall be entitled to a maximum of twenty four (24) thirty- wo (32 ) hours of personal leave per 26 pay period cycle. Suc h leave may be scheduled in fifteen (15) minute increment s, at any time, subject to approval of the s upervisor. Persona l leave is not accrued. Any such leave not taken by the date of termination fo r employees terminating during t he year, or by the end of the last pay period in the calendar year for other employees shall not be paid out nor carried over to subsequent years. Under no circumstances, such as promotion, transfer, and/or rehire, shall an employee receive more than twenty four (24) hours of Personal Leave in any given calendar year.
18.4.1 First Year of Employment. An employee hired after July 1 shall be provided a maximum of twelve (12)sixteen (16) hours of personal leave in the first calendar year of employment.
18.4.2 Effective the first pay period of payroll calendar year 202 4, an employee who is promoted or demoted into an POPRA-represented classification will have the number of Personal Leave hours they receive upon promotion or demotion reduced on an hour-for-hour basis based on their usage of Personal Leave and/or Executive Leave within the same payroll calendar year.
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 o verall tentative ag reement for a successor MOA, when signed by all parties below, ratified by POPRA and appr oved by the City Council.
FOR THE CITY: FOR THE UNION:
Jennifer Schembri Date Jeremy Cabaccang Date
Director of Employee Relations
Director of Human Resources
Business Representative
POPRA
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.