TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Lizette Guerrero, Human Resources Director
John Incontro, Police Chief
DATE: October 25, 2024
SUBJECT: ADOPTION OF SIDE LETTER OF AGREEMENT BETWEEN
THE SAN MARINO POLICE OFFICERS ASSOCIATION AND
THE CITY OF SAN MARINO CONCERNING THE PROPOSED
MODIFICATION TO SECTION 06.01 AND ADDITION OF
SECTION 06.03 TO THE MEMORANDUM OF
UNDERSTANDING
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Safe Community
Fiscally Responsible and Transparent City Government
Efficient, Responsive, and Effective City Services
BACKGROUND
On May 31, 2024, the City Council adopted the July 1, 2024, to June 30, 2027, Memorandum of Understanding (“MOU”) with the San Marino Police Officers Association (“SMPOA”). The MOU contains provisions related to probationary periods and related definitions.
DISCUSSION
Currently, Article 6 of the MOU (Probation Period) provides for the number of months a newly hired police officer candidate must complete to demonstrate suitability for the job. Additionally, Article 6 describes hiring requirements and the probationary period for lateral transfer officers to include Article 6, Section
06.01, Subsection (b), that requires that a lateral candidate must have at least three (3) years of experience acting as a full-time paid police officer. This Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
provision has presented an artificial impediment to the department’s recruitment efforts and is not a requirement of law.
The proposed Side Letter of Agreement identifies the three hiring categories. They include:
• Eligible candidates with no experience or training that the Department must put through POST academy training and absorb the full cost of that training.
• California POST Academy Graduate Candidates who have successfully completed academy training but who are not in possession of a California POST Basic Certificate.
• Lateral Police Officer Candidates who have completed a California POST Certified Basic Academy and possess a POST Basic Certificate and/or California POST basic course waiver; and
The proposed amendment to the MOU clarifies and more accurately reflects hiring standards set forth by the Commission on Peace Officer Standards and Training (POST) and the California Code of Regulations and enhances how we target recruitment, where we place candidates when we hire them and addresses budgeting concerns and the time it takes for an officer to demonstrate suitability for the position of police officer.
The Chief of Police and the Human Resources Director have met and conferred with the SMPOA concerning the proposed modification to Section 06.01 and the addition of Section 06.03 to the MOU.
FISCAL IMPACT & PROCUREMENT REVIEW
No fiscal impact is anticipated as a result of the modification to Section 06.01 and the addition of Section 06.03 to the MOU.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that the City Council adopt the Side Letter of Agreement between the San Marino Police Officers Association and the City of San Marino.
If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt the Side Letter of Agreement between the San Marino Police Officers Association and the City of San Marino concerning the proposed modification to Section 06.01 and addition of Section 06.03 to the Memorandum of Understanding.”
ATTACHMENTS
1. Side Letter of Agreement Between the San Marino Police Officers Association and the City of San Marino concerning the proposed modification to Section 06.01, Probations Period and addition of Section 06.03, Definitions.