TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Lizette Guerrero, Human Resources Director
DATE: May 8, 2024
SUBJECT: SIDE LETTER OF AGREEMENT BETWEEN THE SAN MARINO POLICE OFFICERS ASSOCIATION (“SMPOA”) AND THE
CITY OF SAN MARINO (“CITY”) CONCERNING
EXPANDING THE CATASTROPHIC LEAVE PROGRAM
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
BACKGROUND
On October 12, 2022, the City Council adopted the July 1, 2022, to June 30, 2024, Memorandum of Understanding (“MOU”) with the San Marino Police Officers Association (“SMPOA”). The MOU contains provisions related to compensation and working conditions for the association.
DISCUSSION
Article 15, Leaves of Absence, of the SMPOA MOU provides different types of leaves that offers numerous benefits to employees that demonstrates a commitment to employees’s welfare, contribution to a positive work culture, and ultimately benefits the City as a whole.
The City recently received a request from the SMPOA to expand the types of leaves an employee may be donated from other employee’s accruals in the event an employee experiences a catastrophic illness. Currently, per Section
15.04 Sick Leave, of the SMPOA MOU, an employee may only be credited donated sick leave hours from other employees’ sick leave accruals but must Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
exhaust all their sick and vacation leave prior to receiving any sick leave donations upon prior approval of the City Manager. Staff believes that its in the best interest of the City to expand the Catastrophic Leave Program to allow other types of leave accruals to be donated to other employees’ accruals in the event an employee experiences a catastrophic illness as it provides additional support and flexibility to employees facing various life challenges.
Sick leave donations involve employees voluntarily donating their accruals to other employees who have exhausted their own sick leave balances due to a serious illness, injury, or other qualifying medical condition. There are benefits and considerations associated with sick leave donations that include support for other employees, morale boost, financial stability, and retention and loyalty. Sick leave donations provide much-needed support to employees and their families facing medical emergencies or prolonged illnesses by allowing them to continue receiving pay and benefits during their time away from work.
Knowing that employees are willing to help each other in times of need boosts morale and fosters a sense of camaraderie within the workplace. Sick leave donations provides financial stability to employees facing unexpected medical expenses or loss of income due to illness, reducing financial stress and allowing them to focus on their recovery. In addition, employees feel more loyal to an employer that offers sick leave donation programs, knowing that the employer values their well-being and supports them during challenging times.
The City has met and conferred with the SMPOA and have agreed to the following:
1. In addition to sick leave, an employee may donate vacation and/or compensatory time to catastrophic illness leave.
2. Any employee donating sick leave must have one hundred (100) hours of remaining sick leave after the donation of sick leave.
In addition, the SMPOA and City agree to “reopen” Section 15.04 for the purposes of defining what constitutes a “catastrophic leave” and for clarifying the catastrophic leave process. Any changes/modifications to the MOU as a consequence of this reopener must be by mutual agreement. The failure to reach mutual agreement is not subject to the MOU grievance process; unfair labor practice proceedings before the Public Employment Relations Board; and/or proceedings in the Superior Court.
Overall, leave donation programs can be a valuable tool for supporting employees during times of illness, medical crises, promoting a positive workplace culture, and demonstrating organizational compassion and empathy.
FISCAL IMPACT & PROCUREMENT REVIEW
No fiscal impact is anticipated as a result of allowing other types of leave accruals to be donated to other employees’ accruals.
Procurement review is not applicable.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the Council adopt the Side Letter of Agreement between the San Marino Police Officers Association (“SMPOA”) and the City of San Marino (“City”).
“I move to adopt the Side Letter of Agreement between the San Marino Police Officers Association (“SMPOA”) and the City of San Marino (“City”) concerning expanding the Catastrophic Leave Program.”
ATTACHMENTS
1. SMPOA MOU Side Letter of Agreement