Side Letter of Agreement
Between
City of Santa Ana and
Santa Ana Police Officers' Association
Re: Uniform Allowance
WHEREAS the City of Santa Ana (City) and the Santa Ana Police Officers Association (SAPOA) (collectively the "parties") are parties to a Memorandum of Understanding (MOU);
WHEREAS Section 13.11 of the MOU between the City and the SAPOA currently provides for uniform allowance for specific classifications;
WHEREAS the Audit Compliance and Resolution Unit of CaPERS recommended the following MOU language changes for reportable compensation compliance with the Public Employees' Retirement Law (PERL) and California Code of Regulations (CCR) section 571;
NOW THEREFORE, the parties agree to amend Section 13.11 of the MOU as follows:
13.11 Uniform Allowance. Effective January 1, 2021, Uniform Allowance will be provided to Safety and Miscellaneous employees who are required to wear uniforms as part of their regular duties. Eligibility is limited to employees in classifications listed in Exhibit B.
Uniform Allowance will be paid monthly at the rate specified in Exhibit B, entitled 'Uniform Allowance by Classification. Uniform Allowance is provided for the purchase. rental and/or maintenance of required clothing that is a ready substitute for personal attire that the employee would otherwise have to acquire and maintain. This excludes items solely for personal health and safety, such as protective vests, pistols, bullets and safety shoes. With respeet to Safety and Miseellaneous employees whe do not qualify as "New Members" under the California Publie Employees' Pension Reform Aet (PEPRA), the City shall repert to CalPERS the monetary value of uniforms and uniform maintenanee for these employees required to wear uniforms.
The monetary value (as of the first date of the MOU) by classification is listed in Exhibit B, entitled "Uniform Allowance by Classification." The monthly amounts listed in Exhibit B may be adjusted (either upward or downward) as the cost of the uniforms and/or their maintenance changes. Any adjustments will be documented and updated in the MOU or publicly available pay schedule.
With respect to Safety and Miscellaneous employees who do not qualify as "New Members" under the California Public Employees' Pension Reform Act (PEPRA), the City shall report to CalPERS the monetary value of uniforms and uniform maintenance for those employees required to wear uniforms. The value of the Uniform Allowance shall be determined by the City (based on the current cost of the uniforms and/or their maintenance at the time of the report to CalPERS) and will be reported to the California Public Employees' Retirement System (CalPERS) for retirement purposes only.
Under CCR 571(a), Uniform allowance is defined as "Compensation paid or the monetary value for the purchase, rental and/or maintenance of required clothing, including clothing
Side Letter of Agreement
Between
City of Santa Ana and
Santa Ana Police Officers' Association
Re: Uniform Allowance
made from specially designed protective fabrics, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health and safety such as protective vests, pistols, bullets and safety shoes.
The parties agree that to the extent permitted by law, Uniform Allowance is special compensation and shall be reported pursuant to Title 2, CCR 571(a)(5) as Uniform Allowance. This is only reportable to CaPERS as special compensation for those who qualify as classic members as described by the Public Employees' Pension Reform Act of 2013 - PEPRA. This pay is not reportable as special compensation for employees defined as "new members" under PEPRA. However, CaPERS ultimately determines whether any form of compensation qualifies as special compensation.
SO AGREED:
For the City For the Santa Ana POA
our kin
Alvaro Nunez John Kachirisky
City Manager President
Date: Date: 9-23-2026
ATTEST:
Jennifer L. Hall
City Clerk