HomeMy WebLinkAboutReso 175-2022 (22-858)10004946.1 SO160-006
Memorandum of Understanding
between the
South San Francisco Police Association
and the
City of South San Francisco
July 1, 2022 through June 30, 2025
Table of Contents
Table of Contents shall be updated upon final MOU approval.
Article Title Page
Preamble .................................................................................................................... 1
Section 1 General Provisions .................................................................................... 1
Article 1 Recognition ................................................................................................. 1
Article 2 Wages and Compensation ........................................................................... 1
2.1 Wages ................................................................................................. 1
2.1.1 Definitions ................................................................................. 1
2.1.1.1 Base Pay ........................................................................ 1
2.1.1.2 Enhanced Pay ................................................................ 1
2.1.2 One-time Off Salary Schedule Lump Sum Payment ................ 2
2.2 Step Advancement ............................................................................. 2
2.2.1 Time in Step .............................................................................. 2
2.2.1.1 Step 2 ............................................................................. 2
2.2.1.2 Step 3 ............................................................................. 2
2.2.1.3 Step 4 ............................................................................. 2
2.2.1.4 Step 5 ............................................................................. 2
2.2.2 Promotion .................................................................................. 2
2.3 Bilingual Pay ...................................................................................... 2
2.3.1 Eligible Classifications ............................................................ 2
2.3.2 Testing and Compensation ...................................................... 2
2.3.3 Translating ............................................................................... 3
2.3.4 Language Determination ......................................................... 3
2.3.5 Current Languages in Effect .................................................... 3
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2.4 Longevity Pay .................................................................................... 3
2.4.1 After 15 Years ........................................................................... 3
2.4.2 After 20 Years ........................................................................... 3
Article 3 Allowances and Reimbursements ............................................................... 3
3.1 Uniform Allowance ............................................................................ 3
3.1.1 Allowance Conditions ............................................................... 3
3.1.1.1 Reimbursement/Allowance Distribution ....................... 4
3.1.1.1.1 Reimbursement Procedures ............................ 4
3.1.1.2 Cleaning and Maintenance of Uniforms ....................... 4
3.1.1.3 New Employees ............................................................ 4
3.1.2 Allowance Amounts .................................................................. 4
3.1.2.1 Sworn ............................................................................ 4
3.1.2.2 PST, PEO and PP/PES ................................................. 4
3.1.2.3 PRS and SPRS .............................................................. 4
3.2 Vests ................................................................................................... 4
3.2.1 Wearing Vests ........................................................................... 4
3.3 Education Expense Reimbursement Program .................................... 4
3.3.1 Qualifying for the Program ....................................................... 4
3.3.1.1 Police Captain Review and Department Head
Approval .............................................................................. 4
3.3.1.2 Reimbursement Request................................................ 4
Article 4 Overtime Pay .............................................................................................. 5
4.1 FLSA Work Period ............................................................................ 5
4.1.1 Sworn ........................................................................................ 5
4.1.2 Non-sworn ................................................................................. 5
4.2 Overtime Compensation..................................................................... 5
4.3 Reporting Partial Overtime ................................................................ 5
4.4 Training Overtime .............................................................................. 5
4.5 Overtime Pay for Court Appearances ................................................ 5
4.6 Call-back/in Compensation ................................................................ 5
4.6.1 Workday Call-back/in ............................................................... 6
4.6.2 Non-workday Call-back/in ........................................................ 6
4.7 Detective On-call Pay ........................................................................ 6
4.8 Compensatory Time ........................................................................... 6
4.8.1 Maximum Compensatory Time ................................................ 6
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4.8.2 Compensatory Time Cash-out for Civilian Staff ...................... 6
Article 5 Benefits ....................................................................................................... 6
5.1 Health Insurance Benefits .................................................................. 6
5.2 Medical Insurance .............................................................................. 6
5.2.1 Medical Insurance Plans ........................................................... 6
5.2.2 Payment of Premium Costs ....................................................... 6
5.2.2.1 Employee HMO Medical Premium Cost ...................... 6
5.2.2.2 Employee Non-HMO Medical Premium Cost .............. 6
5.2.3 Effective Date of Coverage ....................................................... 7
5.2.4 Medical Plan Modifications ...................................................... 7
5.2.5 Federal- or State-mandated Medical Insurance Participation ... 7
5.3 Dental Insurance................................................................................. 7
5.3.1 Core Dental Plan ....................................................................... 7
5.3.2 Calendar Year Maximum .......................................................... 7
5.3.3 Orthodontia ............................................................................... 7
5.3.4 Payment of Premium Costs ....................................................... 7
5.3.5 Effective Date of Coverage ....................................................... 7
5.3.6 Buy-up Dental Plan ................................................................... 7
5.4 Vision Insurance................................................................................. 7
5.4.1 Available Plan ........................................................................... 7
5.4.2 Payment of Premium Costs ....................................................... 8
5.4.3 Effective Date of Coverage ....................................................... 8
5.5 Discretionary Benefit Option ............................................................. 8
5.5.1 Proof of Alternate Insurance ..................................................... 8
5.5.2 Exercising the Option ................................................................ 8
5.6 Hepatitis “B” Vaccination .................................................................. 8
5.7 Life/Accidental Death and Dismemberment Insurance ..................... 8
5.7.1 Sworn Personnel ....................................................................... 8
5.7.1.1 Term Life Value ............................................................ 8
5.7.1.2 AD&D Value ................................................................ 8
5.7.2 Civilian Personnel ..................................................................... 8
5.7.2.1Term Life Value ............................................................. 8
5.7.2.2 AD&D Value ................................................................ 8
5.7.3 Payment of Premium Costs ....................................................... 9
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5.7.4 Effective Date of Coverage ....................................................... 9
5.7.5 Supplemental Life Insurance..................................................... 9
5.8 Disability Insurance Program ............................................................. 9
5.8.1 Sworn Disability Insurance ....................................................... 9
5.8.1.1 Cost ............................................................................... 9
5.8.1.2 Eligibility ...................................................................... 9
5.8.2 Civilian Disability Insurance .................................................... 9
5.8.2.1 Short-term Disability ..................................................... 9
5.8.2.2 Long-term Disability ..................................................... 9
5.8.2.3 Payment of Premium Costs ........................................... 10
5.8.2.4 Eligibility ...................................................................... 10
5.8.3 Effective Date of Coverage ....................................................... 10
5.8.4 City Determination .................................................................... 10
5.8.4.1 Permanent and Stationary Status ................................... 10
5.8.4.2 Recovery Status ............................................................. 10
5.8.5 Permanent and Stationary Determination ................................. 10
5.8.6 Temporary Determination ......................................................... 10
5.8.7 Permanent and Stationary Determination During Leave of
Absence .....................................................................................
10
5.8.8 Accrued Vacation Payment ....................................................... 11
5.8.9 Insurance Premium Payment..................................................... 11
5.9 Section 125 Flexible Benefit Plan ...................................................... 11
5.9.1 Premium Contribution ............................................................... 11
5.9.2 Health Care Reimbursement Account ....................................... 11
5.9.3 Dependent Care Reimbursement Account ................................ 11
Article 6 Retirement Benefits .................................................................................... 11
6.1 Deferred Compensation Program ....................................................... 11
6.2 Retirement Plan .................................................................................. 11
6.2.1 Sworn Personnel Safety Retirement Formula ........................... 11
6.2.1.1 3% at Age 50 .............................................................. 11
6.2.1.2 3% at Age 55 .............................................................. 11
6.2.1.3 2.7% at Age 57 ........................................................... 11
6.2.1.4 1959 Survivor Benefit Level 3 ................................... 12
6.2.2 Civilian Personnel Miscellaneous Retirement Formula ............ 12
6.2.2.1 2.7% at Age 55 ........................................................... 12
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6.2.2.2 2% at Age 60 .............................................................. 12
6.2.2.3 2% at Age 62 .............................................................. 12
6.2.3 Military Service Credit .............................................................. 12
6.2.4 Sick Leave Service Credit ......................................................... 12
6.2.5 Employee Contribution to Retirement System ......................... 12
6.2.6 Police Safety Classic Members PERS cost-sharing
contribution 12
6.3 Unused Accrued Sick Leave .............................................................. 13
6.4 Retired Employee Health Benefits ..................................................... 13
6.4.1 Group Medical Insurance for Qualifying Retirees .................... 13
6.4.2 Medical After Retirement Account (MARA) ........................... 13
6.4.3 Group Dental Insurance for Qualifying Retirees ...................... 13
6.4.4 Group Vision Insurance for Qualifying Retirees ...................... 14
6.4.5 Surviving Spouse Benefit .......................................................... 14
6.4.6 Continued Retiree Health Eligibility 14
6.5 Retirement Health Savings (RHS) Plan ............................................. 14
6.5.1 Mandatory Employee Contributions ......................................... 14
Article 7 Holidays ...................................................................................................... 14
7.1 Authorized Holidays .......................................................................... 14
7.1.1 Full-day Holidays ...................................................................... 14
7.1.2 Half-day Holidays ..................................................................... 15
7.2 Shift Holiday Pay ............................................................................... 15
7.3 Discretionary Holiday ........................................................................ 15
Article 8 Leaves ......................................................................................................... 15
8.1 Vacation ............................................................................................. 15
8.1.1 Vacation Leave Accrual ............................................................ 15
8.1.2 Vacation Buy-back .................................................................... 15
8.1.3Maximum Accumulation ........................................................... 15
8.1.4 Vacation Compensation ............................................................ 16
8.2 Bereavement Leave ............................................................................ 16
8.2.1 Definition of Family Member for Bereavement Leave............. 16
8.2.2 Leave Within California ............................................................ 16
8.2.3 Leave Outside California .......................................................... 16
8.3 Sick Leave .......................................................................................... 16
8.3.1 Sick Leave Eligibility ................................................................ 16
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Article Title Page
8.3.2 Amount of Sick Leave .............................................................. 16
8.3.3 Advancing Sick Leave .............................................................. 16
8.3.4 Sick Leave Definition ............................................................... 16
8.3.5 Sick Leave Request ................................................................... 16
8.3.5.1 Approval of Sick Leave Request................................... 17
8.3.5.2 Notification ................................................................... 17
8.3.5.3 Verification of Injury or Illness..................................... 17
8.3.5.3.1 Usual Verification .......................................... 17
8.3.5.3.2 Doctor’s Verification ..................................... 17
8.3.6 Medical Appointment Leave ..................................................... 17
8.3.6.1 Medical Appointment Leave Charged to Sick Leave ... 17
8.3.7 Sick Leave Management Plan ................................................... 17
8.4 Sick Leave as Family Care Leave (“Kin Care”) ................................ 18
8.4.1 Definition of Family Member for Sick Leave as Family Care
Leave Purposes.......................................................................... 18
8.4.2 Leave Amount ........................................................................... 18
8.5 Concurrent Use of Leave ................................................................... 18
8.6 Notification Procedures ...................................................................... 18
8.7 Light Duty Program ........................................................................... 18
8.7.1 Coverage ................................................................................... 18
8.7.1.1 Determination/Required Reports .................................. 18
8.7.1.1.1 Assignments ................................................... 18
8.7.1.1.2 Medical Updates............................................. 19
8.7.1.2 Light-duty Assignments, Definitions, and Restrictions 19
8.7.1.3 Holidays/Vacations During Light-duty Assignments ... 19
8.7.1.3.1 Holidays Observed ......................................... 19
8.7.1.3.2 Vacations ........................................................ 20
8.7.2 Return to Full Duty ................................................................... 20
8.8 Pregnancy-related Disability Leave ................................................... 20
Article 9 Recreational Facilities and Classes ............................................................. 20
9.1 Admission to Classes ......................................................................... 20
9.2 Use of Facilities.................................................................................. 20
Article 10 Layoff .......................................................................................................... 20
10.1 Layoff ................................................................................................. 20
10.2 Seniority ............................................................................................. 21
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10.3 Order of Layoff .................................................................................. 21
10.4 Notice of Layoff ................................................................................. 21
10.5 Layoff Re-employment/Reinstatement List ....................................... 21
10.5.1 Classification Reinstatement List ........................................... 21
10.5.2 Like Classification Reinstatement Opportunities................... 21
10.5.3 Duration of Re-employment/Reinstatement Lists .................. 21
10.5.4 Probationary Returns .............................................................. 22
Article 11 Disciplinary Action ..................................................................................... 22
11.1 Action by City .................................................................................... 22
11.2 Chief of Police Action ........................................................................ 22
11.3 City Manager Approval...................................................................... 22
11.4 Notice of Disciplinary Action ............................................................ 22
11.4.1 Written Notice ........................................................................ 22
11.4.2 Notice Timelines ..................................................................... 23
11.5 Appeal Rights ..................................................................................... 23
Article 12 Grievance Procedure for Non-Disciplinary Matters ................................... 23
12.1 Definition of a Grievance ................................................................... 23
12.2 Stale Grievance .................................................................................. 23
12.3 Informal Discussion with Employee’s Supervisor ............................. 23
12.4 Formal Written Grievance to Captain ................................................ 23
12.5 Grievance to the Chief of Police ........................................................ 24
12.6 Informal Review by the City Manager .............................................. 24
12.7 Arbitration of Grievance .................................................................... 24
12.8 Selection of an Arbitrator ................................................................... 24
12.9 Duty of Arbitrator .............................................................................. 24
12.9.1 Arbitrator Decision................................................................. 24
12.9.2 Arbitrator Responsibility ........................................................ 24
12.10 Payment of Costs .............................................................................. 25
12.11 Effect of Failure of Timely Action ................................................... 25
Section 2 Provisions for Sworn Personnel ............................................................... 26
Article 13 Wages and Compensation for Sworn Personnel ......................................... 26
13.1 Placement ........................................................................................... 26
13.2 Incentives ........................................................................................... 26
13.2.1.Education Incentives ............................................................... 26
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13.2.1.1 Associate’s Degree ..................................................... 26
13.2.1.2 Bachelor’s Degree ...................................................... 26
13.2.2 Certification Incentives .......................................................... 26
13.2.2.1 Intermediate P.O.S.T. Certificate ............................... 26
13.2.2.2 Advanced P.O.S.T. Certificate ................................... 26
13.2.3 Eligibility and Written Notification ....................................... 26
13.3 Special Assignments .......................................................................... 26
13.3.1 Motorcycle ............................................................................. 26
13.3.2 Dog Handler ........................................................................... 26
13.3.3 Field Training Officer ............................................................ 27
13.3.4 School Liaison ........................................................................ 27
13.3.5 Discontinuing Special Assignments ....................................... 27
13.3.6 Detective Assignment Compensation 27
13.3.7 Special Assignment Compensation 27
13.3.8 FTO Manager 27
Article 14 Holidays for Sworn Personnel .................................................................... 27
14.1 Holidays Not Worked ........................................................................ 27
Article 15 Arbitration Procedure for Disciplinary Matters-Sworn Personnel ............. 28
15.1 Appeal Rights ..................................................................................... 28
15.1.1 Level of Discipline ................................................................. 28
15.1.2 Written Request for Arbitration ............................................. 28
15.1.3 Selection of an Arbitrator ....................................................... 28
15.1.4 Payment of Costs ................................................................... 28
15.1.5 Arbitrator Duty ....................................................................... 29
15.1.6 Arbitration Decision ............................................................... 29
15.2 Appeal to the Chief of Police ............................................................. 29
15.2.1 Written Request to Chief of Police ........................................ 29
15.2.2 Hearing ................................................................................... 29
15.2.3 Representation ........................................................................ 29
15.2.4 Final Decision ........................................................................ 29
Section 3 Provisions for Civilian Personnel ............................................................ 30
Article 16 Wages and Compensation for Civilian Personnel ...................................... 30
16.1 Special Compensation ........................................................................ 30
16.1.1.Acting Supervisor Compensation ........................................... 30
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16.1.2.Temporary Assignment to Higher-level Classification .......... 30
16.1.3.Training Duty Pay ................................................................... 30
16.2 Incentives ........................................................................................... 30
16.2.1.Education Incentive ................................................................ 30
16.2.1.1 Associate’s Degree ..................................................... 30
16.2.1.2 Bachelor’s Degree ...................................................... 30
16.2.2 Eligibility and Written Notification ....................................... 30
Article 17 Holidays for Civilian Personnel .................................................................. 31
17.1 Day of Holiday Observation .............................................................. 31
17.2 Day of National Mourning or Celebration ......................................... 31
17.3 Holiday Compensation for Employees on Injury, Illness or Paid
Family Care Leave ............................................................................. 31
Article 18 Industrial Injury or Illness for Civilian Personnel ...................................... 31
18.1 Industrial Injury or Illness Leave ....................................................... 31
18.2 Coordination with Workers’ Compensation ...................................... 31
Article 19 Arbitration Procedure for Disciplinary Matters-Civilian Personnel ........... 31
19.1 Appeal Rights ..................................................................................... 31
19.1.1 Level of Discipline ................................................................. 31
19.1.2 Written Request for Arbitration ............................................. 31
19.1.3 Selection of an Arbitrator ....................................................... 32
19.1.4 Payment of Costs ................................................................... 32
19.1.5 Arbitrator Duty ....................................................................... 32
19.1.6 Arbitration Decision ............................................................... 32
Section 4 Agreement Modification and Waiver ..................................................... 33
Article 20 Employees Covered .................................................................................... 33
Article 21 Modification ................................................................................................ 33
Article 22 Agreement Modification and Waiver ......................................................... 33
22.1 Full and Entire Agreement ............................................................... 33
22.2 Eligibility for Retroactivity .............................................................. 33
22.3 Written Modification Required ........................................................ 33
22.4 Waiver .............................................................................................. 33
Article 23 Disputes ...................................................................................................... 34
Article 24 Signatures .................................................................................................... 34
Appendix A Sworn and Civilian Classifications ............................................................. 35
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Article Title Page
10004946.1 SO160-006
Memorandum of Understanding
between the
South San Francisco Police Association
and the
City of South San Francisco
July 1, 2022 through June 30, 2025
Preamble
This Memorandum of Understanding is entered into by the City of South San Francisco, hereafter
designated as “City” and the South San Francisco Police Association, hereafter designated as
“Association”, as a mutual agreement of those wages, hours, and conditions of employment in
effect during the period July 1, 2022 through June 30, 2025, for those employees working in
classifications represented in Unit C. The City of South San Francisco recognizes the South San
Francisco Police Association as the employee organization that has been selected by the employees
in the sworn and civilian classifications.
Section 1 – General Provisions
Article 1. Recognition
Sworn and Civilian Police Unit C consists of all employees in classifications listed in
Appendix A, as well as, all employees in classifications as may be added to this Unit by
the terms of this Agreement.
Article 2. Wages and Compensation
2.1 Wages—
2.1.1 Definitions—
2.1.1.1 Base Pay—Base pay is the rate of compensation paid for a specified
classification of employment, excluding other payments.
2.1.1.2 Enhanced Pay—Enhanced pay is the rate of compensation that includes
base pay and incentive pay such as longevity, bilingual, education and
special assignment pay. Enhanced pay does not include Field Training
Officer (FTO) assignment or civilian training duty pay. Each incentive
10004946.1 SO160-006
pay will be computed on base pay. The sum of the base pay plus each
incentive is the enhanced pay.
2.1.2 Wage Rates— All members of the bargaining unit shall receive across-the-board
base pay adjustments in the amounts and with the effective dates as follows:
• Year 1 (July 1, 2022-June 30, 2023) effective the first full pay period in July
2022, or the first full pay period following the adoption of the MOU by Council
whichever is later: six percent (6%);
• Year 2 (July 1, 2023-June 30, 2024) effective the first full pay period of July
2023: four percent (4%);
• Year 3 (July 1, 2024-June 30, 2025) effective the first full pay period of July
2024: the unit will receive three percent (3%).
• Equity Adjustments: Effective in the first full pay period of July, 2022 or in the
first full pay period following ratification and Council approval, whichever is
later, bargaining unit members’ salaries shall be increased as follows:
o Police Officer 3%
o Police Corporal 3%
o Police Sergeant 3%
o Parking Enforcement Officer 3%
o Police Property and Evidence Specialist 3%
o Police Records Specialist 3%
o Police Service Technician 3%
o Police Media Technician 3%
o Senior Police Records Specialist 3%
o Supervising Police Records Specialist 3%
o Crime Analyst 3%
• One Time Payment: On or before December 15, 2022, the City shall provide a
one-time payment to all bargaining unit members who are employed on the
date the supplemental check is paid and who were employed between July 8,
2022 and December 15, 2022 (or the date of payment, whatever is earlier).
The amount of each check shall be equivalent to the negotiated increase to the
enhanced rate of pay (wage increase plus equity adjustments) for all paid
hours, including overtime, between July 8, 2022 and the salary increase.
There will be no retroactive across-the-bard base pay adjustments.
2.2 Step Advancement—Employees shall meet the time criteria in paid continuous regular
service at each step of the salary schedule prior to advancing to the next salary step.
2.2.1 Time in Step—Such time for each step shall be as follows:
2.2.1.1 Step 2—After one year from date of hire
2.2.1.2 Step 3—After one additional year
2.2.1.3 Step 4—After one additional year
2.2.1.4 Step 5—After one additional year
2.2.2 Promotion—An employee who is promoted from one classification to a higher
classification within the Unit shall have his/her rate set at the first step of the
new classification or the step 5% higher than the rate earned by the employee
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prior to the promotion, whichever is higher. Prior to advancing to the next step
of the schedule, the promoted employee will be required to complete the
specified time in each step of the new classification, commencing with the date
of promotion.
2.3 Bilingual Pay—
2.3.1 Eligible Classifications—All classifications within this unit are eligible to
participate in the bilingual program.
2.3.2 Testing and Compensation—An employee who has tested, using the City’s
standard bilingual testing procedures and demonstrating to the Department
Head’s satisfaction, proficiency in speaking a second language identified in
2.3.5., shall be compensated at a rate 5% higher than the employee’s base hourly
rate of pay. Such compensation shall commence the next pay period after the
employee has passed a qualifying examination, as determined by the City,
demonstrating proficiency in the language. Costs for the first two tests will be
paid by the City; costs for subsequent tests will be paid by the employee.
2.3.3 Translating—Employees who have met the criteria and are compensated for
bilingual incentive pay must use those skills whenever the need arises.
Employees may be asked to assist an individual who is doing business with the
City at worksites other than their primary work location.
2.3.4 Language Determination—The languages that are spoken in South San Francisco
that are subject to the bilingual incentive pay for purposes of this section will
be determined by reviewing the demographic data from the local school district
and/or the number of interactions that sworn officers have with people speaking
languages other than those identified below. The Chief of Police will determine
the significant interactions with people speaking other languages. The Chief of
Police and the Union will meet at the request of either party to determine the
languages that qualify under this section.
2.3.5 Current Languages in Effect—For the duration of this agreement, the following
languages shall qualify for an employee to receive the Bilingual Incentive Pay
under this section.
• Spanish
• Tagalog
• American Sign Language
2.4 Longevity Pay—Pay for employees hired prior to July 1, 2012 who have served the City
will be granted as follows:
2.4.1 After 15 Years—After the 15th year of service as a full-time regular employee, 1.5%
of compensation will be added to the eligible employee’s base hourly rate of
pay.
2.4.2 After 20 Years—After the 20th year of service as a full-time regular employee, in
addition to above, another 1% of compensation will be added to the eligible
employees base hourly rate of pay.
Longevity pay is not available for employees hired on or after July 1, 2012.
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Article 3. Allowances and Reimbursements
3.1 Uniform Allowance—Allowances and reimbursements shall be paid in accordance with
PERL (Public Employees’ Retirement Law) and the IRS tax code.
3.1.1 Allowance Conditions—Uniform allowance is subject to the following conditions:
3.1.1.1 Reimbursement/Allowance Distribution Uniform allowance distribution
will be made in 26 equal increments per fiscal year. . With the
allowance received, employees shall be responsible for procuring and
maintaining their uniforms and equipment as listed in the department’s
current General Order and Procedures Manual.
3.1.1.1.1 Reimbursement Procedures—Reimbursement will be through
the payroll process.
3.1.2 Allowance Amounts—Each employee may receive an amount per year for the
purchase of approved uniform items. The amount of the allowance provided
shall be as follows effective beginning with the first full pay period of
November:
3.1.2.1 Sworn—The amount is $1,200 per fiscal year.
3.1.2.2 PST, PEO, and PP/ES Classifications—The amount is $1,015 per
fiscal year.
3.1.2.3 PRS and SPRS Classifications—The amount is $900 per fiscal
year.
3.2 Vests—Vests will be provided to all new employees at no cost to the employee. A
replacement program has been established for all employees who have vests and
includes how and when vests will be replaced, the types of vests to be replaced, and the
mandatory wearing of vests.
3.2.1 Wearing Vests—Each employee shall be required to have the approved vest on
his/her person or in the ready bag during each duty shift.
3.3 Education Expense Reimbursement Program—An employee who takes a job-related
course at an accredited institution of learning shall be eligible for 50% reimbursement
of the costs of tuition, fees and course materials up to $5,000 per fiscal year upon the
successful completion of the course and upon the employee achieving a grade of “C”
or better, or passing for a pass/fail course.
3.3.1 Qualifying for the Program—In order to qualify for reimbursement, the employee
must:
3.3.1.1 Police Captain Review and Police Chief Approval—Prior to enrollment, the
employee must submit to the Captain for review the course description
and a brief explanation regarding why the employee believes the course
to be job-related. Prior to enrollment, the employee must receive written
approval of the department head.
3.3.1.2 Reimbursement Request—Provided that the department head finds that the
course is job-related and approves the employee’s request, the employee
shall submit a request for reimbursement to the Captain that includes a
copy of the department head’s written approval of the course, a copy of
the employee’s course grade, the receipts for all course expenses, and a
total amount requested for reimbursement.
10004946.1 SO160-006
Article 4. Overtime Pay
4.1 FLSA Work Period—
4.1.1 Sworn—The FLSA work period for all eligible sworn employees, regardless of
rank, is twenty-eight (28) days in length with an FLSA overtime threshold of
one hundred and seventy one (171) hours actually worked, pursuant to 29
U.S.C. section 207(k).
4.1.2 Non-Sworn—The FLSA work period for all non-sworn employees is seven (7) days
in length with an FLSA overtime threshold of forty (40) hours actually worked,
pursuant to 29 U.S.C. section 207(a).
Specific work periods for individuals or shifts will be documented and maintained on
a list shared between the Human Resources Department and the Union. Nothing in
this provision is intended to affect the right of any employee to overtime pursuant to
the terms of this MOU.
4.2 Overtime Compensation—Authorized work performed by employees, in excess of their
regularly scheduled hours of work, shall constitute overtime except as otherwise
provided. Employees required to work in excess of their regularly scheduled hours of
work shall be compensated for each overtime hour worked at the rate of 1.5 times the
employee’s regular hourly rate of pay, as defined by the FLSA. In addition, time in
paid status shall count towards eligibility for overtime pay.
4.3 Reporting Partial Overtime Hours—Hours should be reported in tenths of hours; for
example, 7.5, 4.3, 8.1. To convert from minutes to tenths of an hour, the following
table will be used:
Minutes Tenths of an Hour
1 - 6 minutes = .1 hour
7 - 12 minutes = .2 hour
13 - 18 minutes = .3 hour
19 - 24 minutes = .4 hour
25 - 30 minutes = .5 hour
31 - 36 minutes = .6 hour
37 - 42 minutes = .7 hour
43 - 48 minutes = .8 hour
49 - 54 minutes = .9 hour
55 - 60 minutes =1.0 hour
4.4 Training Overtime—Employees required to attend training sessions, in excess of their
scheduled hours of work, shall be compensated for each hour at 1.5 times the
employee’s regular hourly rate of pay, as defined by the FLSA.
4.5 Overtime Pay for Court Appearances—Employees who are required in the course and
scope of their official employment to appear in court or to testify over the telephone,
other than during their regular tour of duty or shift hours, shall receive overtime pay at
the rate of 1.5 times the employee’s regular hourly rate of pay, as defined by the FLSA.
An employee shall receive a minimum of 3 hours overtime pay for such court
appearances that occur on scheduled work dates (including voluntary overtime shift
assignments) and a minimum of 4 hours overtime pay for such court appearances that
occur on non-scheduled work dates. An employee shall receive a minimum of one
hour overtime pay for DMV telephone testimonies.
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4.6 Call-back/in Compensation—Employees who in the course of their official employment
are called back to work, other than during their regular tour of duty or shift, shall receive
overtime pay at the rate of 1.5 times the employee’s enhanced hourly rate of pay.
4.6.1 Workday Call-back/in—An employee shall receive a minimum of 3 hours overtime
pay for call backs that occur on scheduled work dates (including voluntary
overtime shift assignments).
4.6.2 Non-workday Call-back/in—An employee shall receive a minimum of 4 hours
overtime pay for such call-backs that occur on non-scheduled work dates.
4.7 Detective On-call Pay—Any Detective designated as “on-call” by her/his supervisor
shall receive $300 per week for each week they are on “on-call”. Additionally, such
bargaining unit member placed “on-call” shall have use of a city vehicle for the duration
of their “on-call” assignment to ensure a prompt response to a call out.
4.8 Compensatory Time Off—With the supervisor’s approval, employees may receive cash
compensation or may accumulate compensatory time off (CTO) for each overtime hour
worked in accordance with departmental policies.
4.8.1 Maximum Compensatory Time Off—All compensated time off may be taken in
accordance with departmental policies. Accumulated compensatory time
cannot exceed 100 hours. Employees at the maximum CTO accrual will be
paid in cash for their overtime hours until their CTO balance falls below the
maximum accrual.
4.8.2 Compensatory Time Cash-out—Employees shall be permitted to receive the cash
up to their full accrued balance of compensatory time per calendar year in
accordance with the following process:
4.8.2.1 CTO hours shall be compensated at the employee’s enhanced rate of pay as
of the date of the cash-out.
4.8.2.2 Employees must complete an irrevocable election form and submit the
completed form to the Human Resources Department no later than
December 15 of the calendar year prior to the year of the desired cash -
out. Only time accrued during the calendar year following the
irrevocable election may be cashed out.
4.8.2.3 Time may be paid out twice annually in May and November as long as
employees have submitted an irrevocable election form in the prior
calendar year.
Article 5. Benefits
5.1 Health Insurance Benefits—Full-time regular employees shall be eligible to receive
insurance benefits currently provided by the City through its contracts with insurance
carriers or self-insurance programs.
5.2 Medical Insurance—
5.2.1 Medical Insurance Plans—Subject to the terms and conditions of the City’s
contracts with medical insurance carriers, eligible employees shall be permitted
10004946.1 SO160-006
to select medical insurance coverage for themselves and their eligible
dependents from one of the following providers:
• Kaiser Permanente
• Blue Shield of California.
5.2.2 Payment of Premiums Costs—The City shall pay the premium cost for eligible
employees and their dependents to the insurance provider for the plan selected
by each employee.
5.2.2.1. Employee HMO Medical Premium Cost—All employees on the
City’s medical plans shall contribute an amount equal to 10% of the
HMO premium cost based on plan choice and category of coverage
(single, two, family).
5.2.2.2. Employee Non-HMO Medical Plan Premium Cost—In addition,
employees enrolled in more expensive plans than the HMO Plans pay the
difference between the HMO rate and the premium rate for their selected
plan based on the plan provider and coverage size (single, two, family).
5.2.3 Effective Date of Coverage—The effective date of health insurance shall be the first
of the month following the date of hire, provided the employee properly submits
a completed enrollment form within 31 days of the eligibility date. Coverage
shall terminate at 12:00 midnight on the last day of the month in which the
employee is on paid status prior to separation from employment with the City.
Dependent coverage shall terminate on the date prescribed by each health
insurance carrier’s contract for discontinuance of dependents no longer eligible
for coverage.
5.2.4 Medical Plan Modifications—Should the City determine that there ought to be an
amendment in medical plan providers, such as an add, delete, or change, the
City will undertake this conversion, making every effort to maintain the same
level of service to participants without costing the City additional funds for
medical plan premiums.
5.2.5 Federal- or State-mandated Medical Insurance Participation—Should either state
or federal statutes mandate that the parties to this MOU participate in a national
or state health plan, health care benefits currently provided to employees
covered by this MOU will not be diminished nor will the employee’s cost for
maintenance of these benefits be increased beyond any provided in this MOU.
5.3 Dental Insurance—
5.3.1 Core Dental Plan—Employees and their dependents shall be provided dental
insurance, subject to the terms and conditions of the City’s contract with the
provider.
5.3.2 Calendar Year Maximum—The annual maximum benefit is $1,500.
5.3.3 Orthodontia—The lifetime orthodontia coverage is $1,000 for eligible dependents.
5.3.4 Payment of Premium Costs—The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
5.3.5 Effective Date of Coverage—Coverage is effective on the first day of the month
following completion of 6-full-months of employment with the City, provided
the employee properly submits a completed enrollment form within 31 days of
the eligibility date. Coverage shall terminate at 12:00 midnight on the last day
of the month in which the employee is on paid status prior to separation from
10004946.1 SO160-006
employment with the City.
5.3.6 Buy-up Dental Plan—Subject to the terms and conditions of the City’s contract with
the provider, employees may participate in an enhanced dental plan by paying
the additional coverage costs over the core dental plan.
5.4 Vision Insurance—Subject to the terms of the City’s vision insurance plan, employees
and their dependents shall be provided vision insurance.
5.4.1 Available Plan—Employees and their dependents shall be provided vision
insurance, subject to the terms and conditions of the City’s contract with the
provider. The plan provided by the City for members of the Unit shall afford
tinted eyeglass lenses.
5.4.2 Payment of Premium Costs—The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
5.4.3 Effective Date of Coverage—Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate at 12:00 midnight on the last
day of the month in which the employee is on paid status prior to separation
from employment with the City.
5.5 Discretionary Benefit Option—An employee may elect, once each year, to have the City
pay $550 per month in lieu of medical, dental, and vision benefits into the employee’s
deferred compensation account. If an employee exceeds the deferred compensation
annual maximum contribution limit, any remaining City contributions will be made to
the employee’s Medical After Retirement Account (MARA). In the event the parties
discover that contributions to the employee’s deferred compensation account are not
eligible under IRS rules, the parties will promptly meet and confer to bring the plan
into compliance.
5.5.1 Proof of Alternate Insurance—The employee must provide proof of alternate
minimum essential coverage for the employee and the employee’s tax family
from another source, other than coverage obtained through Covered California.
5.5.2 Exercising the Option—Employees wishing to exercise this option may do so by
submitting a completed Discretionary Benefit Option form to the Human
Resources Department. Employees may rejoin the City’s health plans once
each year during the open enrollment period for medical plans, or at another
time during the year provided the employee has a qualifying event and submits
requisite paperwork within 30 days of the qualifying event .
5.6 Hepatitis “B” Vaccination—The City’s medical plans provide for the Hepatitis “B”
Vaccination and employees who desire such vaccination shall obtain the vaccination
through these plans. The City will provide at City expense, a hepatitis “B” vaccination
to employees who are unable to obtain one under their medical plan (i.e., Discretionary
Benefit Option participants) through the City’s occupational health services provider.
5.7 Life/Accidental Death and Dismemberment Insurance
5.7.1 Sworn Personnel—
5.7.1.1 Term Life Value—Subject to the terms and conditions of the City’s
contract with the provider, the Term Life Insurance for employees
will be provided in the amount of $50,000.
5.7.1.2 AD&D Value—Subject to the terms and conditions of the City’s
contract with the provider, Accidental Death and Dismemberment
10004946.1 SO160-006
Insurance for employees will be provided in the amount of $50,000.
5.7.2 Civilian Personnel—
5.7.2.1 Term Life Value—Subject to the terms and conditions of the City’s
contract with the provider, the Term Life Insurance for employees
will be provided in the amount of $50,000.
5.7.2.2 AD&D Value—Subject to the terms and conditions of the City’s
contract with the provider, Accidental Death and Dismemberment
Insurance for employees will be provided in the amount of $50,000.
5.7.3 Payment of Premium Costs—The City shall pay the premium costs for eligible
employees to the insurance provider.
5.7.4 Effective Date of Coverage—Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate on the date the employee
ceases to be an employee of the City.
5.7.5 Supplemental Life Insurance—Employees have the option of purchasing
supplemental life insurance based on the terms and conditions of the City’s
contract with the insurance provider.
5.8 Disability Insurance Program — (Modify as needed for edits due to coordination with
paid family leave- See 8.7)
5.8.1 Sworn Disability Insurance— All sworn employees in this unit shall be required to
pay for and maintain Long-term Disability Insurance coverage, subject to the
terms and conditions of the South San Francisco Police Association’s contract
with the California Law Enforcement Association. This contract provides for
payment of up to ¾ths of the base salary of an employee who qualifies for such
payment under provisions of the Plan.
5.8.1.1 Cost—Since all sworn employees must pay for and maintain their long-
term disability insurance, the City will provide to the Police
Association on behalf of each sworn officer the long-term disability
insurance costs.
5.8.1.2 Eligibility—An employee who is disabled from performing the full
scope of the usual and customary duties of the classification as the
result of an injury or illness and who has utilized all accrued paid
leave and sick leave that the employee is eligible up to the 60-
calendar day of disability, may file an application for Long-term
Disability Insurance benefits in accordance with the requirements of
the South San Francisco Police Association’s Long-term Disability
Insurance Policy.
5.8.1.3 Paid Family Leave for Sworn Unit Members—Employees shall be
eligible for four weeks of paid leave for the birth, adoption or
placement of a foster child to be used in conjunction with
PDL/CFRA.
5.8.2 Civilian Disability Insurance—Subject to the terms and conditions of the City’s
contract with the provider, only full-time employees shall be provided Short-
term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible
and covered employee becomes disabled while insured, the provider will pay
benefits according to the terms of the group policy after receipt of satisfactory
10004946.1 SO160-006
proof of loss.
5.8.2.1 Short-term Disability—After a 20-calendar day waiting period, an
eligible employee may receive 66.67% of pre-disability earnings,
reduced by any deductible income as determined by the insurance
carrier, up to a maximum monthly amount, until LTD benefits begins.
5.8.2.2 Long-term Disability—After a 90-calendar day waiting period, an
eligible employee may receive 66.67% of pre-disability earnings,
reduced by any deductible income as determined by the insurance
carrier, up to a maximum monthly amount.
5.8.2.3 Paid Family Leave - During the first year of the term of the MOU, the
City shall implement a paid family leave benefit to provide partial
wage replacement for up to eight (8) weeks for the purposes of caring
for a seriously ill family member, bonding with a newly born child,
adopted child, or fostered child, or to attend to a qualifying exigency
related to covered active duty of a family member. The Paid Family
Leave benefit calculation shall be equivalent to that of the California
State EDD benefit.
5.8.2.4 Payment of Premium Costs—The City shall pay the premium costs for
eligible employees to the insurance providers.
5.8.2.5 Eligibility—An employee who is disabled from performing the full
scope of the usual and customary duties of the classification as the result
of an injury or illness and who has utilized all accrued paid leave and
sick leave that the employee is eligible up to the 20th calendar day of
disability, may file an application for Short-term or Long-term
Disability Insurance benefits in accordance with the requirements of the
City’s Short- or Long-Term Disability Insurance Policy.
5.8.3 Effective Date of Coverage—Coverage is effective the first day of the calendar
month following the date of hire. Coverage ends on the date employment
terminates.
5.8.4 City Determination—Upon an employee qualifying for Long-term Disability
Insurance benefits, the City shall determine one of the following:
5.8.4.4 Permanent and Stationary Status—Whether the employee’s disability from
performing the full scope of the usual and customary duties of the
employee’s classification is permanent and stationary.
5.8.4.5 Recovery Status—Whether the medical prognosis for the employee’s
eventual ability to completely recover to a point of being able to assume
the full scope of the usual and customary duties of the employee’s
classification is such that there exists a probability of complete recovery
within a period of 365 days, or a reasonable extension thereof.
5.8.5 Permanent and Stationary Determination—If the City determines that the
employee’s disability from performing the full scope of the usual and customary
duties of the employee’s classification is permanent and stationary, then the
City may, in accordance with applicable law, retire the employee or otherwise
separate the employee from the City’s service or from the employee’s
classification.
5.8.6 Temporary Determination—If the City determines that the employee’s disability in
10004946.1 SO160-006
performing the full scope of the usual and customary duties of the classification
is such that there exists a probability of complete recovery within a period of
365 days, or a reasonable extension thereof, the City may in accordance with
applicable law, grant the employee a leave of absence with or without pay for a
period appropriate to the time necessary to determine the employee’s ability to
completely recover or the City may not grant such leave and separate the
employee from the City’s service.
5.8.7 Permanent and Stationary Determination During Leave of Absence—If the City
grants an employee a leave of absence without pay for the purpose of providing
the employee with the ability to completely recover and the employee’s
disability becomes permanent and stationary during the period of such leave,
then in accordance with applicable law, the City may retire the employee on a
disability retirement or separate the employee from the City’s service or from
his/her classification at such time as the employee’s condition becomes
permanent and stationary.
5.8.8 Accrued Vacation Payment—Upon becoming eligible for Long-term Disability
Insurance benefits, and upon being granted a leave of absence without pay for
a period appropriate to the time necessary to determine an employee’s ability
to completely recover, the City will pay, at the request of the employee, any
accrued vacation time for which the employee qualifies.
5.8.9 Insurance Premium Payment—The City will continue to pay insurance premiums
on behalf of the disabled employee and eligible dependents, pursuant to the
provisions for such payments otherwise provided in this Agreement until the
actual date of separation from City employment of the employee.
5.9 Section 125 Flexible Benefit Plan—Subject to the terms and conditions of the City's plan
and the governing laws relating to Flexible Benefit Plans, each employee may
participate in any or all of the plan's three (3) components. Section 125 benefits are
available for employees and their eligible dependents as defined by the U.S. Tax Code.
5.9.2 Premium Contribution—Participants may pay premium contributions for employee
and/or dependent coverage under the City's health care coverage plan(s) on a
pre-tax basis.
5.9.3 Health Care Reimbursement Account—Participants may set aside salary of up to
the IRS statutory maximum per year on a pre-tax basis to be used to reimburse
their qualified health care expenses not covered by health care coverage plans.
5.9.4 Dependent Care Reimbursement Account—Participants may set aside salary of up
to $5,000 per year on a pre-tax basis for reimbursement for the purpose of
covering qualified dependent (child, parent, etc.) care expenses.
Article 6. Retirement Benefits
6.8 Deferred Compensation Program—All regular employees are eligible to participate,
subject to the terms and conditions of the City of South San Francisco’s deferred
compensation plan.
6.9 Retirement Plan—Retirement benefits for employees shall be those established by the
Public Employees’ Retirement System (PERS).
6.9.2 Sworn Personnel Safety Retirement Formula—
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6.9.2.4 3% at Age 50—Classic Members as defined by CalPERS who were hired
before April 24, 2010 will be provided a retirement benefit formula of
3% at age 50 with one-year final compensation.
6.9.2.5 3% at Age 55—Classic Members as defined by CalPERS who were hired
on or after April 24, 2010 will be provided a retirement benefit formula
of 3% at age 55 with 3-year final compensation.
6.9.2.6 2.7% at Age 57—New Members as defined by Public Employees’ Pension
Reform Act (PEPRA) who are hired on or after January 1, 2013 will be
provided a retirement benefit formula of 2.7% at age 57 with 3-year
final compensation.
6.9.2.7 1959 Survivor Benefit Level 3—Benefit for PERS members not covered by
Social Security that provides a monthly allowance for survivors as
provided by Government Code 21573.
6.9.3 Civilian Personnel Miscellaneous Retirement Formula—
6.9.3.4 2.7% at Age 55—Classic Members as defined by CalPERS who were hired
before April 24, 2010 will be provided a retirement benefit formula of
2.7% at age 55 with one-year final compensation.
6.9.3.5 2% at Age 60—Classic Members as defined by CalPERS who were hired
on or after April 24, 2010 will be provided a retirement benefit formula
of 2% at age 60 with 3-year final compensation.
6.9.3.6 2% at Age 62—New Members as defined by PEPRA who are hired on or
after January 1, 2013 will be provided a retirement benefit formula of
2% at age 62 with 3-year final compensation.
6.9.4 Military Service Credit—Military Service Credit as public service as provided by
Government Code 21024.
6.9.5 Sick Leave Service Credit—Sick Leave Service Credit as set forth in Government
Code 20965.
6.9.6 Employee’s Contribution to Retirement System—Employee’s Contribution to
Retirement System—All employees shall pay the employee contribution to the
Public Employees’ Retirement System. The employee contribution for Classic
members as designated by CalPERS is 9% for Classic Safety, 8% for Classic
Miscellaneous hired before April 24, 2010, and 7% for Classic Miscellaneous
hired on or after April 24, 2010. New Members as designated by CalPERS
shall pay 50% of the total normal cost rate, in accordance with Government
Code 7522.30. Employee contributions will be tax-deferred under IRC Section
414(h)(2).
6.9.7 Police Safety Classic Members PERS Cost-Sharing Contribution— All Police
Safety Classic members shall pay, in addition to the current 9% employee
contribution, three percent (3%) of the employer’s PERS contribution, for a
total employee contribution of 12%. The contributions will be tax-deferred
under IRC section 414(h).
Employee contributions will be credited to each member’s account as normal
contributions and will be refundable to members who separate from CalPERS
covered employment and elect to withdraw their contributions.
10004946.1 SO160-006
6.10 Unused Accrued Sick Leave—An employee may receive a sick leave payout for unused
accrued sick leave in the following circumstances:
• Death; or
• Disability Retirement from CalPERS; or
• Full service retirement provided that all the following conditions are met:
• 20 years of consecutive full time City service;
• Simultaneous retirement from City service and receipt of a service
retirement from CalPERS.
Payment may be made for half of the accumulated unused sick leave hours up to a
maximum payable hours of 600 (50% of 1,200 hours). Payment is to be made at the
employee’s enhanced hourly rate.
6.11 Retired Employee Health Benefits—
6.11.2 Group Medical Insurance for Qualifying Retirees— An employee who was hired
by the City prior to April 24, 2010 may elect to continue his or her City
sponsored medical insurance if the employee is enrolled in the City's group
medical plan and retires concurrently with CalPERS and the City. In order to
be eligible for this benefit, the employee must have a total of five (5) years of
City service and at least one (1) year of continuous City employment at the time
of his or her retirement. The monthly premium that the City will make for
retiree medical insurance pursuant to this provision equals the monthly
monetary contribution that the City makes for single retiree medical HMO
coverage. Retirees will be required to pay any additional costs in order to
receive retiree medical benefits. An eligible retiree may also elect to continue
dependent coverage provided that the retiree bears the full premium costs for
any eligible dependents.
6.11.3 Medical After Retirement Account (MARA)—Employees Hired On or After April
24, 2010 Employer Contribution—The City shall make a contribution equal to
one and one-half percent (1.5%) of an employee’s base salary toward a MARA
(VEBA, or similar vehicle such as RHS plan). Mandatory Employee
Contributions—All employees shall contribute 1% of base pay each pay period
effective pay period ending July 8, 2010
6.11.4 Group Dental Insurance for Qualifying Retirees—An employee may elect to
continue his or her City sponsored dental insurance if the employee is enrolled
in the City’s group dental plan and retires concurrently with CalPERS and the
City. In order to be eligible for this benefit, the employee must have been hired
by the City prior to April 24, 2010, and have served a total of a total of five (5)
years of City service and at least one (1) year of continuous City employment
at the time of his or her retirement. The retiree bears the full premium costs for
himself/herself and any eligible dependents and will be completely responsible
for these payments and for continuing dental coverage.
6.11.5 Group Vision Insurance for Qualifying Retirees—. An employee may elect to
continue his or her City sponsored vision insurance if the employee is enrolled
in the City’s group vision plan and retires concurrently with CalPERS and the
City. In order to be eligible for this benefit, the employee must have been hired
by the City prior to April 24, 2010, and have served a total of a total of five (5)
years of City service and at least one (1) year of continuous City employment
10004946.1 SO160-006
at the time of his or her retirement. The retiree bears the full premium costs for
himself/herself and any eligible dependents and will be completely responsible
for these payments and for continuing vision coverage.
6.11.6 Surviving Covered Dependents Benefit—The City will allow the covered
dependents of a deceased employee/retiree to purchase medical insurance from
a City-provided medical plan at the City’s premium rate provided all of the
following conditions are met: the employee/retiree and covered dependents
must be enrolled in the health plan prior to death; there is no cost to the City;
the provider does not require a City contribution; and the City is held harmless
if the coverage is discontinued.
6.11.7 Continued Retiree Health Eligibility —A retiree must continually receive a
CalPERS retirement allowance in order to remain eligible to receive retiree
medical insurance contributions. Any retiree that un-retires from CalPERS and
returns to active service with a CalPERS covered agency, excluding active
service with the City of South San Francisco, will permanently forfeit their
eligibility for retiree medical benefits pursuant to this provision. A retiree that
un-retires from CalPERS and returns to active service with the City of South
San Francisco is eligible to resume his/her retiree health benefits upon retiring
again from the City after at least one (1) year of continuous service. The City
Manager may approve an exception to the one (1) year of continuous service
requirement in the event of an unforeseen circumstance that prevents the
employee from completing the year of service.
6.12 Medical After Retirement Account (MARA) Plan—Police Association member employees may
participate in the MARA Plan to the extent permitted under the existing MARA Plan
policy. The plan participation rules, are hereby structured through this agreement as
follows:
6.12.2 Mandatory Employee Contributions—All employees shall contribute 1% of base
pay each pay period effective pay period ending July 8, 2010.
Article 7. Holidays
7.8 Authorized Holidays—The City observes the following holidays.
7.8.2 Full-day Holidays—The City shall observe the following full-day holidays.
10004946.1 SO160-006
January 1 New Year’s Day
Third Monday in January Martin Luther King, Jr. Day
Third Monday in February President’s Day
Last Monday in May
June 19th
Memorial Day
Juneteenth
July 4 Independence Day
First Monday in September Labor Day
Second Monday in October Indigenous Peoples’ Day
Observed
November 11 Veteran’s Day
Fourth Thursday in November Thanksgiving Day
Friday following Fourth Thursday in November Day After Thanksgiving
December 25 Christmas Day
7.8.3 Half-day Holidays—In addition, the City observes the following half-day holidays.
December 24 Christmas Eve Day
December 31 New Year’s Eve Day
7.9 Shift Holiday Pay—Employees who are normally required to work on an approved
holiday because they work in positions that require scheduled staffing without regard
to holidays shall receive 8 hours of holiday pay for a full-day holiday and 4 hours of
holiday pay for a half-day holiday. Holiday pay is compensated at the enhanced hourly
rate of pay and is paid in addition to hours worked, provided the employee is on paid
status the working day before and work day after the holiday. Effective the pay period
including January 1, 2023, all sworn personnel and civilian personnel except Parking
Enforcement Officers and Police Property and Evidence Specialists, are normally
required to work on approved holidays because they work in positions that require
scheduled staffing without regard to holidays and shall receive five and one-half
percent (5.5%) of compensation in lieu of observing City holidays. Such payments
shall be allocated to each biweekly pay period. Reporting of Holiday in Lieu Pay for
retirement purposes shall conform to CalPERS regulations requiring reporting of
Holiday in Lieu Pay allocated to each biweekly pay period.
7.10 Discretionary Holiday—Each regular employee shall be eligible for one 8-hour holiday
each calendar year in addition to the holidays observed by the City. An employee who
has not used the discretionary holiday prior to the last day of the last pay period in the
calendar year shall forfeit the receipt of compensated time or pay for the holiday that
calendar year. There is no payout of discretionary holiday.
Article 8. Leaves
8.10 Vacation—
8.10.2 Vacation Leave Accrual—Employees shall be entitled to accrue paid vacation leave
hours as follows:
10004946.1 SO160-006
Accrual Rate Per Length of Service Biweekly Annually
1st through 4th year, inclusive 4.62 hours 120 hours
5th through 14th year, inclusive 6.16 hours 160 hours
15th through 24th year, inclusive 7.69 hours 200 hours
25th and succeeding years 9.23 hours 240 hours
8.10.3 Vacation Buy-back—Employees who have scheduled a minimum of 2 workweeks
of vacation during each calendar year shall be permitted to receive the cash
value of up to 48 hours of unused but accrued vacation in accordance with the
following provisions:
8.10.3.4 Employees must maintain a minimum of 80 hours of accrued vacation
hours in their bank.
8.10.3.5 Vacation hours shall be compensated at the employee’s enhanced rate
of pay as of the date of the cash-out.
8.10.3.6 Employees must complete an irrevocable election form and submit the
completed form to the Human Resources Department no later than
December 15 of the calendar year prior to the year of the desired cash-
out.
8.10.3.7 Only time accrued during the calendar year following the irrevocable
election can be cashed out.
8.10.3.8 Time may be paid out twice annually in May and November as long as
employees have submitted an irrevocable election form in the prior
calendar year.
8.10.4 Maximum Accumulation—Once an employee has accumulated two times the
annual accrual, no further vacation leave will accrue until the pay period after
the vacation balance has been reduced below the two-year cap.
8.10.5 Vacation Compensation—An employee who retires or separates from City
employment and who has unused accrued vacation time shall be compensated
at the employee’s enhanced hourly rate of pay for all unused accrued vacation.
8.11 Bereavement Leave—An employee may be granted leave of absence without loss of
salary or benefits upon the death or for the funeral of a family member as defined
below:
8.11.2 Definition of Family Member for Bereavement Leave—For the purpose of
bereavement leave, a family member is defined as a spouse, registered domestic
partner, child and child-in-law, parent and parent-in-law, sibling and sibling-in-
law, and grandparent. In addition, the Chief of Police may grant bereavement
leave to an employee upon the death or for the funeral of some other person, if
in the opinion of the Chief of Police, there existed an extraordinarily close
familial relationship between the employee and such other person.
8.11.3 Leave Within California—Employees may be granted up to a maximum of 24 hours
of bereavement leave per occurrence for the death or for the funeral of a family
member residing within California.
8.11.4 Leave Outside California—Employees may be granted up to a maximum of 40
hours of bereavement leave per occurrence for the death or for the funeral of a
family member residing outside of California.
10004946.1 SO160-006
8.12 Sick Leave—
8.12.2 Sick Leave Eligibility—Every regular and probationary employee, except those
employees who work less than full-time, are eligible for sick leave benefits
pursuant to this section.
8.12.3 Amount of Sick Leave—Each employee will accrue 8 hours per month of sick leave.
Such leave may be accumulated without limit.
8.12.4 Advancing Sick Leave—Any employee who has an accrued available sick leave of
less than 96 hours can be advanced up to a maximum of 88 hours of sick leave
after exhaustion of all accrued sick leave.
8.12.5 Sick Leave Definition—Sick leave is paid leave from work due to an employee’s
illness or injury that necessitates their absence from employment or due to other
reasons provided by law. Sick leave is not a right or privilege to be used at the
discretion of the employee.
8.12.6 Sick Leave Request—An employee shall make a written request for paid sick leave
for each occurrence of sick leave on such forms and in accordance with such
policies and procedures established for sick leave requests by the Chief of
Police.
8.12.6.4 Approval of Sick Leave Request—The Chief of Police shall review all
sick leave requests and, if approved, the request for paid sick leave shall
be granted. The Chief of Police shall not unreasonably withhold
approval of sick leave requests.
8.12.6.5 Notification—The employee must notify his/her immediate supervisor
prior to, or within 2 hours of, the commencement of the daily work
period for which sick leave is sought.
8.12.6.6 Verification of Injury or Illness—
8.12.6.6.1 Usual Verification—An employee requesting paid sick leave
shall provide reasonable verification of the illness or injury,
usually in the form of the employee’s personal statement of
injury or illness.
8.12.6.6.2 Doctor’s Verification—The Chief of Police may require a
verification prepared and signed by a medical doctor,
physician’s assistant or nurse practitioner stating the
employee is or was unable to perform his or her regular job
duties and confirming that the employee has fully recovered
and is able to perform the full scope of the normal and
customary duties of the classification. This verification shall
be required when an employee is absent due to illness or
injury for a period of 39 hours or more. In addition, the Chief
of Police may require a medical verification any time the
Chief has a reasonable basis to believe that the leave has
been abused by an individual employee. Such medical
verification requests shall not be unreasonably imposed.
8.12.7 Medical Appointment Leave—Employees shall receive leave with pay for
appointments with medical doctors and dentists. Such leave shall be authorized
only for the actual time necessary for the appoin tment. Employees shall be
required to submit a personal statement describing the nature and need of such
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visits. The City reserves the right to confirm or verify and appointment for
which such leave is authorized.
8.12.7.4 Medical Appointment Leave Charged to Sick Leave—The first 8 hours
per year of medical appointment leave will not be charged to sick leave,
all other absences related to medical appointments shall be charged to
sick leave.
8.12.8 Sick Leave Management Plan—The City’s Sick Leave Management Policy
Administrative Instruction defines abuse of sick leave as the use of sick leave
for purposes other than illness or injury. Consistent with this policy, the
monitoring, management, maximum use of sick leave, and reporting should
conform to a general City standard. Therefore, employees working 8-hour
shifts, who exceed 56 hours or 7 occurrences and employees working 10-hour
shifts who exceed 70 hours or 7 occurrences of sick leave per year will be
subject to a review of sick leave usage.
8.13 Protected Sick Leave Employees are permitted to use up to half of their annual sick leave
accrual, in any calendar year, for the diagnosis, care, or treatment of an existing health
condition of, or preventative care for the employee themselves or any family member
as defined below, or any other purpose required by law.
8.13.2 Definition of Family Member for Protected Sick Leave— For purpose of this
section, “family member” of the employee is defined as follows: a child of any
age or dependency status; a parent; a parent-in-law; a spouse; a registered
domestic partner; a grandparent; a grandchild; or a sibling.
8.13.3 Leave Amount—The combined total of hours taken as protected sick leave pursuant
to Labor Code section 233, shall not exceed one-half of the employee’s annual
accrual of sick leave.
8.14 Concurrent Use of Leave—Sick leave may run concurrently with any family care leave
permitted under federal or state law.
8.15 Notification Procedures—Leave usage forms and notification procedures will continue
to be used, provided the City reserves the right to take such action it deems necessary
to confirm or verify use of this leave.
8.16 Light-duty Program The purpose of this light-duty program is to minimize the loss of
productive time, while at the same time reintroduce the employee to work to prevent
deterioration of skills, facilitate recovery, and reduce income loss. Light -duty
assignments will be structured so employees are not placed in a duty status that would
aggravate or cause a reoccurrence of injury or illness. Light-duty assignments will not
be made unless the employee receives medical clearance from the treating physician to
return for light-duty work. If applicable, this program shall be coordinated with
appropriate workers’ compensation benefits so that benefits are provided at the level
not less than those mandated by state law.
8.16.2 Coverage—This light-duty program will cover any employee who suffers a
temporary and partial disability due to an industrial or non-industrial injury or
illness.
8.16.2.4 Determination/Required Reports—
8.16.2.4.1 Assignments—Light-duty assignments may be made
following evaluation and determination by the Chief of
Police. The determination will be based on available
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medical information, and consultation with the employee or
the affected supervisor. Determinations will also be based
on the needs of the City and the impact of light duty work on
departmental operations. The evaluation and determination
of light-duty assignments will be based on the employee’s
medical restrictions and upon agreement of the Chief of
Police, the employee, and the affected supervisor.
8.16.2.4.2 Medical Updates—After the initial report, updated medical
reports shall be submitted to the Chief of Police at 2-week
intervals, or at other agreed-upon intervals, for as long as the
employee is off work. Reports will be required for all
industrial or non-industrial injuries or illnesses regardless of
whether a light-duty assignment has been made. Reports
will be evaluated by the Chief of Police for purposes of
continuing or terminating a current light-duty assignment or
to determine when to commence a light-duty assignment.
8.16.2.5 Light-duty Assignment, Definitions, and Restrictions—Light-duty
assignments shall only be provided to employees with temporary
disabilities where it has been medically determined that the employee
will be able to return to the essential functions of his/her current job with
or without accommodation. Under no circumstances shall the light-duty
assignment be considered to be a permanent alternative position for
purposes of reasonable accommodation under the American with
Disabilities Act. Light-duty assignments:
• May consist of reduced work hours, limited work, or any
combination thereof.
• Will not adversely affect the employee’s enhanced hourly rate
of pay.
• Will be within the employee’s assigned department; or if no
regular work is available, the employee may be assigned work
outside of the department, consistent with the employee’s skill
and ability.
• When feasible, light-duty work will be during the employee’s
normal shift and duty hours. However, if it is determined that
no useful work will be performed during the normal shift or duty
hours, the employee can be assigned light-duty work during the
normal business hours of 8:00 a.m. to 5:00 p.m., Monday
through Friday, or to an alternate shift.
• Will be developed based on available specific light-duty
assignments on a case-by-case review of the medical
restrictions, so as not to aggravate an injury or illness.
• Will not be placed in light-duty assignments that, in the normal
course of events, will require that the employee provide direct
field emergency response.
8.16.2.6 Holidays/Vacations During Light-duty Assignments—
8.16.2.6.1 Holidays Observed—Holidays shall be observed in
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accordance with the light-duty assignment work hours and
workweek. That is, if an employee is assigned to work hours
in a department, division, or operating unit where employees
in that work unit take a holiday off, so shall the light-duty
employee. If the employee is assigned to work hours in a
department, division, or operating unit where employees in
that work unit work holidays, so shall the light-duty
employee. Compensation for holidays shall be in
accordance with this agreement.
8.16.2.6.2 Vacations—Employees assigned to light duty shall take their
vacation as normally scheduled. Vacations shall cover the
same number of workdays and calendar days as would have
been if the employee had remained on full duty. Employees
may reschedule their vacation with the approval of the Chief
of Police, provided the rescheduling does not result in
increased costs or lost time to the City for relief staff to cover
the rescheduled vacation.
8.16.3 Return to Full Duty—Employees will be returned to full duty as soon as possible
following medical certification that the employee is able to resume the full
duties of the classification with or without reasonable accommodation.
8.17 Pregnancy Disability Leave—Employees may be granted leave up to the maximum
period of time permitted by law for disabilities caused or contributed to by pregnancy,
childbirth, or related medical conditions
8.18 . Family Medical Leave – Employees may be granted leave up to the maximum period
of time permitted by law due to an employee’s serious health condition, to care for a
family member with a serious health condition, for the birth of a child or the placement
of a child with am employee in connection with adoption or foster care, and other
reasons as permitted under state and federal law. Leave shall be requested and granted
in accordance with Administrative Instruction Section VI No. 15
Article 9. Recreational Facilities and Classes
9.10 Admission to Classes—All full-time regular employees shall be entitled to free
admission to City recreation facilities and to free enrollment in up to 5 recreational
classes during a 12-month period (lab fees or ingredient fees not included).
9.11 Use of Facilities—Employees using City recreation facilities and enrolled in City
recreational classes shall engage in such activities on the employee’s non-work time.
Employee admission to recreation facilities and recreation classes shall be
accomplished in conformance with the rules and regulations established by the Parks
and Recreation Department.
Article 10. Layoff
10.10 Layoff—Whenever, in the judgment of the City Council, it becomes necessary in the
interest of economy, because of lack of need for the position, or employment involved
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no longer exists, the City Council may abolish any position or employment in the
competitive service and layoff, reassign, demote, or transfer an employee holding such
position or employment without filing written charges. The appointing authority may
likewise layoff an employee in the competitive service because of material change in
duties or organization, or because of shortage of work funds.
10.11 Seniority—Seniority, for the purpose of layoff, is defined as length of continuous full-
time employment within the service of the City, and does not include service in a
provisional and temporary status. Seniority shall be retained, but shall not accrue
during any period of leave without pay, except as authorized by state or federal law.
10.12 Order of Layoff—When one or more employees working in the same class in a City
department are to be laid off (provisional and temporaries therein, having already been
terminated), the order of layoff in the affected department shall be probationary
employees in reverse order of seniority, then regular employees in reverse order of
seniority. Should 2 or more employees have identical City service seniority, the order
of layoff will be determined by classification seniority. Whenever 2 or more employees
have identical classification seniority, the order of layoff shall be determined by an
established departmental seniority policy (badge numbers) or in the absence or dispute
thereof, random selections.
10.13 Notice of Layoff—Employees shall be sent written notice, including reasons therefore,
by Certified Registered Mail, Return Receipt Requested or be personally served a
minimum of 20-working days prior to the effective date of layoff. An employee
receiving said notice may respond in writing to the City Manager. The employee’s
representative shall receive concurrent notice, and upon request, shall be afforded an
opportunity to meet with the City to discuss the circumstances requiring the layoff and
any proposed alternatives, that do not include the consideration of the merits, necessity,
or organization of any service or activity. The provisions below, must be requested by
the employee in writing 15-working days prior to the effective date of layoff.
10.14 Layoff Re-employment/Reinstatement List—
10.14.2Classification Reinstatement List—Probationary and regular employees who are
reclassified and/or demoted as a result of a reduction in force, shall have their
names placed on a classification reinstatement list in order of their seniority.
Vacant positions within the classification shall first be offered to employees on
this list.
10.14.3Like Classification Reinstatement Opportunities—Employees who are laid off shall
have their names placed on a re-employment list of classifications that, in the
opinion of the Director of Human Resources, require basically the same
qualifications, duties, and responsibilities as those of the classification from
which the layoff occurred, in order of seniority. Vacant positions in such
classifications shall be offered to the re-employment list who qualify for such
vacancies prior to an open or promotional recruitment.
10.14.4Duration of Re-employment/Reinstatement Lists—No name shall be carried on a
reinstatement or re-employment list for a period of longer than 2 years. Refusal
to accept the first offer of reinstatement or re-employment within the same
classification shall cause the name to be dropped from the list. Individuals not
responding to written notification forwarded to their last given address by
certified mail, return receipt requested, of an opening within 10-working days
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from mailing shall have their names removed from either the reinstatement or
re-employment list. Individuals who do not meet current employment
standards (i.e., medical, licenses, etc.), shall have their names removed from
either the reinstatement or re-employment list.
10.14.5Probationary Returns—Probationary employees appointed from a reinstatement or
re-employment list must serve the remainder of their probationary period in
order to attain regular status.
Article 11. Disciplinary Actions
11.10 Action by City—The City shall take disciplinary action against a regular employee for
misconduct including, but not limited to: chronic absenteeism; incompetence;
insubordination; failure to follow work rules; misstatement of fact on an application or
other personnel document; falsification of leave, unfitness for duty, and absence
without authorized leave. Disciplinary actions may take the form of suspension, pay
reduction, demotion, or discharge.
11.11 Chief of Police Action—All disciplinary action taken against an employee must receive
the prior approval of the appointing authority except under emergency circumstances
that dictate immediate suspension of the employee by the Chief of Police. In such
cases, Chief of Police shall immediately report the action taken to the appointing
authority who shall review the case and make a determination concerning the
appropriateness of the suspension and the further disciplinary action.
11.12 City Manager Approval—All actions resulting in salary reductions shall be subject to
review by the appointing authority and the Chief of Police within 30 days following
the effective date of the initial action and at regular intervals thereafter. Actions
resulting in demotions may be reviewed at the sole discretion of the appointing
authority.
11.13 Notice of Disciplinary Action—The City shall provide the affected employee with
written notice prior to taking disciplinary action, except where circumstances dictate
that the City take immediate action to remove the employee from the work place. In
such cases, written notice, as set forth below, shall be provided the employee within 2
working days from the date of the action. In all cases, written notice of disciplinary
action shall be served on the employee personally or by certified registered mail, with
a copy of the notice placed in the employee’s personnel file.
11.13.2Written Notice—The written notice shall contain the type of disciplinary action, the
effective date of the action, the reason or cause for the action, that the employee
will be provided copies of all materials upon which the action is based, and that
the employee has the right to respond, either orally or in writing, to the authority
initially imposing the discipline. As required by law, the department will
provide copies of materials relied upon in proposing the discipline at the time
discipline is proposed.
11.13.3Notice Timelines—Except for instances where disciplinary action must be imposed
immediately, the notice shall be provided to the employee no later than 10 -
working days before the disciplinary action is to be effective. Where immediate
disciplinary action has been imposed, such action will not be final until the
aforementioned notice has been furnished to employee and the employee has
10004946.1 SO160-006
been provided up to 10-working days from receipt of the notice an opportunity
to respond to the authority initially imposing the discipline.
11.14 Appeal Rights—Once the proposed disciplinary action has been imposed, the affected
employee shall have the right to appeal. Appeals of discipline equivalent to a loss of
40 hours of compensation or less, not including a written reprimand, shall be filed
directly at the fourth step of the grievance procedure set forth in Rule 14 of the
Personnel Rules and Regulations. Appeals of discipline equivalent of a loss of more
than 40 hours of compensation shall be filed pursuant to the appropriate Arbitration
Procedure for Disciplinary Matters contained within this agreement.
Article 12. Grievance Procedure for Non-Disciplinary Matters
12.10 Definition of a Grievance—A grievance is an allegation by an employee or a group of
employees that the City has failed to provide a condition of employment that is
established by this Agreement, provided that the enjoyment or the condition of
employment is not made subject to the discretion of the Chief of Police or the City.
This grievance procedure shall not apply to discipline or other matters over which the
Personnel Board has jurisdiction pursuant to Title 3 of the Municipal Code, which
matters will be handled as provided in the Arbitration articles of this agreement. This
grievance procedure for non-disciplinary matters shall be the exclusive means of
resolving grievances of employees covered by this Agreement. Only the union or the
union’s delegate may appeal a grievance to arbitration under the procedure contained
in this Agreement.
12.11 Stale Grievance—A grievance shall be void unless filed in writing within 45-calendar
days from the date upon which the City is alleged to have failed to provide a condition
of employment established by this Agreement, or within 45-calendar days from the
time an employee might reasonably have been expected to have learned of the alleged
failure.
12.12 Informal Discussion with Employee’s Supervisor—Before proceeding to the formal
grievance procedure, an employee shall discuss the grievance with the immediate
supervisor in an attempt to work out a satisfactory solution. If the employe e and
immediate supervisor cannot work out a satisfactory solution, the employee may then
choose to represent him/herself individually, or may request the assistance of an
employee representative, who has been officially authorized by the Union to write and
formally present the grievance.
12.13 Formal Written Grievance to Captain—If the employee chooses to formally pursue the
grievance, s/he shall present the written grievance to the supervising Captain within
15-calendar days after the date upon which the grieving employee informally discussed
the grievance with the immediate supervisor. The written grievance shall specify the
Article, Section, and/or Subsection of this Memorandum of Understanding alleged to
have been violated by the City and shall specify date, times, persons, remedy requested,
and other facts necessary to a clear understanding of the matter being grieved. The
Captain shall respond in writing to the grievance within 15-calendar days after receipt
of the written grievance. If the grievance is not resolved at this level, the employee
shall have 15-calendar days from receipt of the Captain’s answer to file an appeal to
the Chief of Police.
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12.14 Grievance to the Chief of Police—The Chief of Police or designee shall have 15-calendar
days after receipt of the grievance to review and answer the grievance in writing. A
meeting between the Chief of Police or designee and the grievant and the grievant’s
representative may be scheduled in order to facilitate resolution.
12.15 Review by the City Manager—In the event that the grievance is not resolved by the Chief
of Police, the City Manager or designee shall have 15-calendar days after receipt of the
grievance to review and answer the grievance in writing. A meeting between the City
Manager or designee and the grievant and the grievant’s representative may be
scheduled in order to facilitate resolution.
12.16 Arbitration of Grievance—In the event that the grievance is not resolved by the meetings
specified above the grievant has the right to request arbitration within 30 days of receipt
of the City Manager’s response in section 12.6 above. The arbitrator shall be selected
by mutual agreement between the City Manager or designee and the grievant or the
grievant’s representative. If the City Manager or designee and the grievant or the
grievant’s representative are unable to agree on the selection of an arbitrator, they shall
jointly request the State Mediation and Conciliation Service to submit a list of 7
arbitrators who have demonstrated experience in public sector arbitration. The parties
shall then alternatively strike names from the list until only one name remains, and the
person shall serve as arbitrator. Lot shall determine the first strike from the list.
12.17 Duty of Arbitrator—
12.17.2Arbitrator Decision—Except when an agreed statement of facts is submitted by the
parties, it shall be the duty of the arbitrator to hear and consider evidence
submitted by the parties and thereafter to make written findings of fact and
disposition of the grievance, which shall be final and binding upon the parties.
The decision of the arbitrator shall be based solely on the interpretation of the
appropriate provisions of the Agreement applicable to the grievance, and the
arbitrator shall not add to, subtract from, modify, or disregard any of the terms
or provisions of the agreement.
12.17.3Arbitrator Responsibility—The provisions for arbitration are not intended and shall
not be construed to empower an arbitrator to change any condition of
employment, specifically covered by the Agreement or, in any respect, to
revise, modify or alter, any provision contained in the Memorandum of
Understanding.
12.18 Payment of Costs—Each party to a hearing before an arbitrator shall bear his/her own
expenses in connection therewith. Either party shall have the right to a reporter’s
transcript of the hearing provided that this cost is born by the requesting party. If the
other party elects to utilize a copy of the transcript, the entire costs shall be divided
equally. All fees and expenses of the arbitrator shall be borne half by the City and half
by the grievant.
12.19 Effect of Failure of Timely Action—Failure of the Union to file an appeal within the
required time period at any level shall constitute an abandonment of the grievance.
Failure of the City to respond within the time limit at any step shall result in an
automatic advancement of the grievance to the next step. The parties have the right to
extend timelines by mutual agreement.
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Section 2 – Provisions for Sworn Personnel
Article 13. Wages and Compensation for Sworn Personnel
13.10 Placement—New employees who have prior police training and/or experience may be
compensated at a higher step in the salary schedule for the classification as
recommended by the Chief of Police and approved by the City Manager. Such
employees shall be required to complete the specified training or time at their initial
hire step prior to advancing to the next step of the salary schedule.
13.11 Incentives—Only one of the below listed incentives, either the Education Incentive or
the Certificate Incentive, will be received by an employee at any given time.
13.11.2Education Incentives—
13.11.2.4 Associate’s Degree—An employee who has successfully completed
probation and who possesses an associate’s degree from an accredited
institution of learning shall be compensated at a rate 5% higher than the
employee’s base hourly rate of pay.
13.11.2.5 Bachelor’s Degree—An employee who has successfully completed
probation and who possesses a bachelor’s degree from an accredited
institution of learning shall be compensated at a rate 7.5% higher than
the employee’s base hourly rate of pay.
13.11.3Certification Incentive—
13.11.3.4 Intermediate P.O.S.T. Certificate—An employee who has successfully
completed probation and who possesses an Intermediate Police
Officer’s Standards and Training certificate shall be compensated at a
rate 2.5% higher than the employee’s base hourly rate of pay.
13.11.3.5 Advanced P.O.S.T. Certificate—An employee who has successfully
completed probation and who possesses an Advanced Police Officer’s
Standards and Training certificate shall be compensated at a rate 5%
higher than the employee’s base hourly rate of pay.
13.11.4Eligibility and Written Notification—It is the employee’s responsibility to submit
written notification to the department’s Training Manager, upon the date of
eligibility, requesting the Education or Certification Incentive. The incentive
pay shall be effective in first full pay period following the employee’s
submission of all required documentation of eligibility to the Training Manager.
The employee will not be entitled to retroactive pay if the written notice of
compliance has not been timely received and approved.
13.12 Special Assignments—
13.12.2Motorcycle—A Police Officer assigned to Motorcycle duty shall be compensated
at the rate 5% higher than the employee’s base hourly rate of pay. No more
than 5 officers shall be assigned to Motorcycle duty.
13.12.3Dog Handler—The City will pay a 5% premium to canine officers for the special
assignment of canine officer. The parties agree that any time spent off duty
caring for the dog will not constitute overtime under the MOU, but may be
considered for FLSA overtime purposes if the hours worked caring for the
canine increases the number of hours worked to more than 171 in a 28 day
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pay cycle. Any hours over 171 hours in a 28-day cycle which are attributable
to dog care will be compensated at one and one-half times the applicable
minimum wage.
In order to ensure proper canine care, the parties have met and conferred and
agree that the reasonable number of hours the officers spend shall be no more
than 3 overtime hours per 28 day pay cycle for dog care, which equates to 1.5
overtime hours per pay period. .
13.12.4Field Training Officer—Personnel assigned to Field Training Officer (FTO) duty
shall be compensated at the rate 5% higher than the employee’s base hourly rate
of pay. .
13.12.5School Liaison—A Police Officer assigned to School Liaison duty shall be
compensated at the rate 5% higher than the employee’s base hourly rate of pay.
13.12.6Discontinuing Special Assignments—The rate adjustment provided above shall be
removed in the event a Police Officer discontinues working special-assignment
duty. The Officer’s rate shall be reestablished at that rate for which the Officer
qualifies pursuant to above. The reestablished rate shall become effective upon
the date the Officer discontinues working special-assignment duty.
13.12.7Detective Assignment Compensation – All Police Officers assigned to the Criminal
Investigation Bureau shall receive an increase to their base hourly rate of pay
of 5%.
13.12.8Special Assignment Compensation – All Police Officers assigned to the
Neighborhood Response Team, Bicycle Patrol, or any Task Force shall receive
an increase to their base hourly rate of pay of 5%.
13.12.9FTO Manager – The Sergeant assigned as the supervisor of the FTO program shall
receive an increase to their base hourly rate of pay of 2.5%.
Article 14. Arbitration Procedure for Disciplinary Matters—Sworn
Personnel
14.10 Appeal Rights—A regular, non-probationary sworn police officer subjected to punitive
action as defined in the Public Safety Officers Procedural Bill of Rights Act (“POBR”)
that results in suspension without pay, demotion, disciplinary transfer, or termination
may appeal the final decision of the appointing authority to binding arbitration so long
as all the following steps are fully complied with.
14.10.2Level of Discipline—The discipline imposed consisted of a termination, demotion,
suspension of more than 40 hours, or any other type of discipline that results in
a loss of pay of more than 40 hours.
14.10.3Written Request for Arbitration—The employee must submit a written request for
arbitration to the Chief of Police, with a copy to the Director of Human
Resources which must be received no later than 15 calendar days following the
date of the notice of imposition of discipline. If this written request is not
received by the Police Chief and the Director of Human Resources within this
time frame, the appeal will be waived.
14.10.4Selection of an Arbitrator—An arbitrator will be selected by the employee and the
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City by mutual agreement from a list of arbitrators who are current members of
the National Academy of Arbitrators, and who have at least 5 years of
experience handling arbitrations for local public agencies and law enforcement
agencies. If the parties cannot agree on a prospective arbitrator, they shall
request a list of no less than 7 arbitrators from the California State Mediation
and Conciliation Bureau, each of whom is a current member of the National
Academy of Arbitrators, and who has at least 5 years of experience handling
arbitrations for local public agencies and law enforcement agencies. The parties
will attempt to agree on an arbitrator from any such list obtained. If the parties
cannot agree on an arbitrator, they shall alternately strike the name of one
arbitrator until one name remains, who will be the arbitrator selected.
14.10.5Payment of Costs—The employee and the City will split the cost of the arbitrator’s
fee equally. In the event that either party wishes to obtain the services of a court
reporter, that party will be solely responsible for the reporter’s fees, including
the cost of providing the original transcription to the arbitrator. If the arbitrator,
as opposed to either party, requires that the proceedings be taken down by a
court reporter, the parties will equally split the cost of the reporter’s fee and the
cost of the original transcript. Each party will pay for the cost of an additional
copy for the use of that party if a copy is desired. If neither party elects to obtain
a court reporter and the arbitrator does not require one, the proceedings will be
memorialized by tape recording made and retained by the City. The union may
defer to the Legal Defense Fund or other entity employed for the purpose of
providing legal representation to bargaining unit members for purposes of
payment of any costs associated with the arbitration.
14.10.6Arbitrator Duty—The arbitrator will be empowered to hear evidence, review
exhibits, hear argument and make findings of fact and conclusions. Based on
those findings and conclusions, the arbitration shall make a final and binding
determination about the merits of the appeal. The arbitrator is not empowered
to make any alterations to the terms and conditions of this MOU, or to the City’s
rules, regulations, policies or procedures. The arbitrator is not empowered to
make any order or directive that would require any party to commit an illegal
act.
14.10.7Arbitration Decision—The parties agree that any decision rendered by the arbitrator
will be final and binding, meaning that it cannot be appealed to any other legal
or administrative tribunal, except pursuant to Code of Civil Procedure section
1285 et seq. which allows parties to petition a court to confirm, correct or vacate
an arbitration award.
14.11 Appeal to the Chief—A regular, non-probationary sworn police officer subjected to
punitive action as defined in the Public Safet y Officers Procedural Bill of Rights Act
(“POBR”) that results in adverse action other than suspension without pay, demotion,
disciplinary transfer, or termination may appeal the punitive action to the Police Chief
so long as all the following steps are fully complied with.
14.11.2Written Request to Chief of Police—The employee must submit a written request
for a hearing to the Chief of Police, with a copy to the Director of Human
Resources which must be received no later than 15 calendar days following the
date of the notice of the punitive action.
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14.11.3Hearing—At the hearing before the Chief of Police, or the person designated by the
Chief of Police to hear the matter, the Department will present evidence to the
Chief of Police or designee in support of the action, and the employee may
present such testimony, documentary evidence and argument as he or she
chooses to present in support of the employee’s position. The hearing may be,
but is not required to be tape recorded.
14.11.4Representation—This hearing is not a formal judicial proceeding, and the parties
will not be permitted to confront and cross examine witnesses. The employee
may be represented by a union representative or counsel at the hearing.
14.11.5Final Decision—Any decision made by the Chief of Police will be final and not
subject to further appeal by the employee or the union.
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Section 3 – Provisions for Civilian Personnel
Article 15. Wages and Compensation for Civilian Personnel
15.10 Special Compensation—
15.10.2Acting Supervisor Compensation—An employee in a classification below the level
of a first-line supervisor who is assigned to perform the duties of a first-line
supervisor or above shall receive added compensation for all time served in the
acting capacity at the rate of pay for which the employee would qualify, were
the employee to be promoted to the acting classification.
15.10.3Temporary Assignment to Higher-level Classification—An employee in a first-line
supervisory or higher classification who is assigned to perform the duties of a
higher classification for a period of 30-calendar days or more shall receive
added compensation for all time so served at the rate of pay for which the
employee would qualify, were the employee promoted to the higher
classification. An employee in a first-line supervisory classification or higher
classification who is assigned to perform the duties of a higher classification for
a period of time of less than 30-calendar days shall not receive any additional
compensation for any of the time spent in the performance of such duties.
15.10.4Training Duty Pay—Personnel assigned to training duty shall be compensated at
the rate of 5% higher than the employee’s base hourly rate of pay. The
department will maintain a list of qualified personnel who may temporarily fill
training duty, as needed; and who will be compe nsated at the appropriate rate
of pay when doing this assignment.
15.11 Incentive—
15.11.2Education Incentive—An employee who has successfully completed the
probationary period and who has one of the following shall receive additional
compensation.
15.11.2.4Associate’s Degree—An associate’s degree from an accredited institution
of learning or who has completed 60 accredited units in education,
which are work-related shall be compensated at a rate that is 2.5%
higher than the employee’s base hourly rate of pay.
15.11.2.5Bachelor’s Degree—A bachelor’s degree from an accredited institution
of learning, shall be compensated at a rate that is 5% higher than the
employee’s base hourly rate of pay.
15.11.3Eligibility and Written Notification—It is the employee’s responsibility to submit
written notification to the department’s Training Manager, upon the date of
eligibility, requesting the education incentive. The incentive pay shall be
effective in first full pay period following the employee’s submission of all
required documentation of eligibility to the Training Manager. The employee
will not be entitled to retroactive pay if the written notice has not been
submitted, and received as in compliance, until after the date of eligibility.
10004946.1 SO160-006
Article 16. Holidays for Civilian Personnel Exempt from Shift Holiday Pay
16.10 Day of Holiday Observation—Holidays that fall on a Sunday shall be observed on the
following Monday. Holidays falling on a Saturday shall be observed on the previous
Friday. Half-day holidays shall be observed on the workday immediately previous to
the day Christmas Day and New Year’s Day are observed.
16.11 Day of National Mourning or Celebration—In addition, the City may observe any other
day of national mourning or celebration, provided that it has been proclaimed by the
City Council and provided that the Council directs the closure of City offices for public
service. Any such holiday shall be granted only to those employees who are regularly
scheduled to work on the day that the Council proclaims such a holiday.
16.12 Holiday Compensation for Employees on Injury, Illness, or Protected Leave—An
employee who is scheduled to work on the day immediately prior to a holiday, on the
actual day of a holiday, or the day immediately following a holiday who does not report
for duty as scheduled due to personal injury or illness or protected Leave shall submit
such verification or certification of illness or injury as is satisfactory to the Chief of
Police prior to receiving compensation for the holiday.
Article 17. Industrial Injury or Illness for Civilian Personnel
17.10 Industrial Injury or Illness Leave—An employee who is absent from work and who is
temporarily and/or partially disabled from performing work as the result of an injury
or illness that has been determined to be industrially caused, shall be entitled to receive
paid leave for all time the employee is normally scheduled to work during a period of
90-calendar days from the commencement of the injury or illness necessitating absence
from work.
17.11 Coordination with Workers’ Compensation—An employee on industrial injury or illness
leave shall assign to the City all workers’ compensation insurance proceeds received
by the employee during the period the employee is getting full compensation from the
City for all absent work hours.
Article 18. Arbitration Procedure for Disciplinary Matters—Civilian
Personnel
18.10 Appeal Rights—A regular, non-probationary non-sworn member may appeal the final
disciplinary decision of the appointing authority to binding arbitration so long as all the
following steps are fully complied with.
18.10.2Level of Discipline—The discipline imposed consisted of a termination, demotion,
suspension of more than 40 hours, or any other type of discipline that results in
a loss of pay of more than 40 hours.
18.10.3Written Request for Arbitration--The employee must submit a written request for
arbitration to the Police Chief, with a copy to the Director of Human Resources
which must be received no later than 15 calendar days following the date of the
notice of imposition of discipline. If this written request is not received by the
Police Chief and the Director of Human Resources within this time frame, the
10004946.1 SO160-006
appeal will be waived.
18.10.4Selection of an Arbitrator—An arbitrator will be selected by the employee and the
City by mutual agreement from a list of arbitrators who are current members of
the National Academy of Arbitrators, and who have at least 5 years of
experience handling arbitrations for local public agencies and law enforcement
agencies. If the parties cannot agree on a prospective arbitrator, they s hall
request a list of no less than 7 arbitrators from the California State Mediation
and Conciliation Bureau, each of whom is a current member of the National
Academy of Arbitrators, and who has at least 5 years of experience handling
arbitrations for local public agencies and law enforcement agencies. The parties
will attempt to agree on an arbitrator from any such list obtained. If the parties
cannot agree on an arbitrator, they shall alternately strike the name of one
arbitrator until one name remains, who will be the arbitrator selected.
18.10.5Payment of Costs—The employee and the City will split the cost of the arbitrator’s
fee equally. In the event that either party wishes to obtain the services of a court
reporter, that party will be solely responsible for the reporter’s fees, including
the cost of providing the original transcription to the arbitrator. If the arbitrator,
as opposed to either party, requires that the proceedings be taken down by a
court reporter, the parties will equally split the cost of the reporter’s fee and the
cost of the original transcript. Each party will pay for the cost of an additional
copy for the use of that party if a copy is desired The union may defer to the
Legal Defense Fund or other entity employed for the purpose of providing legal
representation to bargaining unit members for purposes of payment of any costs
associated with the arbitration.
18.10.6Arbitrator Duty—The arbitrator will be empowered to hear evidence, review
exhibits, hear argument and make findings of fact and conclusions. Based on
those findings and conclusions, the arbitration shall make a final and binding
determination about the merits of the appeal. The arbitrator is not empowered
to make any alterations to the terms and conditions of this MOU, or to the City’s
rules, regulations, policies or procedures. The arbitrator is not empowered to
make any order or directive that would require any party to commit an illegal
act.
18.10.7Arbitrator Decision—The parties agree that any decision rendered by the arbitrator
will be final and binding, meaning that it cannot be appealed to any other legal
or administrative tribunal, except pursuant to Code of Civil Procedure section
1285 et seq. which allows parties to petition a court to confirm, correct or vacate
an arbitration award.
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Section 4 – Agreement Modification & Waiver
Article 19. Employees Covered
The provisions of this agreement apply to all employees represented by Unit C in the City
of South San Francisco Police Association. A Unit member must be employed by the City
in a position covered by this Agreement at the time settlement is reached, or when a
successor Memorandum of Understanding is reached, and that Agreement is ratified, in
order to be eligible for any limited retroactivity in salary or benefit increas es that the
successor Memorandum of Understanding may provide.
Article 20. Modification
This Memorandum of Understanding shall supersede all existing and prior Memoranda of
Understanding between the City and Unit and conflicting personnel rules, regulations,
resolutions and ordinances. This Agreement does not modify any provisions of the
Personnel Rules and Regulations of the City, except as expressly provided herein.
Article 21. Agreement Modification and Waiver
21.10 Full and Entire Agreement—This Memorandum of Understanding sets forth the full and
entire agreement of the parties regarding the matters set forth herein, and any other
prior or existing understanding and agreements over these matters between the parties,
whether formal or informal, are hereby superseded in their entirety. In the event that
the provisions of this Agreement are found to be in conflict with a City rule, regulation
or resolution, the provisions of this Agreement shall prevail over such conflicting rule,
regulation, or resolution.
21.11 Written Modification Required—No agreement, alteration, understanding, variation,
waiver, or modification of any of the terms or provisions contained herein shall in any
manner be binding upon the parties hereto unless made and executed in writing by all
parties hereto and approved by the City Council.
21.12 Waiver—The waiver of any breach, term or condition of this Agreement by either party
shall not constitute a precedent in the future enforcement of all its terms and provisions.
Article 22. Disputes
Any dispute over an interpretation of this Agreement shall be processed in accordance with
the procedures set forth in the Grievance Procedure in this Agreement.
10004946.1 SO160-006
Article 23. Signatures
In witness thereof, the parties hereto have executed this Agreement in the City of South
San Francisco on this__________ day of _________________, 2022.
For the Association: For the City:
Peter Hoffmann, Chief Negotiator Donna Williamson, Chief Negotiator
William Schwartz Ron Carlino, Police Captain
Annette Lapuyade Leah Lockhart, HR Director
Juan Perez
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Appendix A
Sworn and Civilian Classifications
Sworn Classifications
• Police Recruit
• Police Officer
• Police Corporal
• Police Sergeant
Civilian Classifications
• Parking Enforcement Officer
• Police Property and Evidence Specialist
• Police Records Specialist
• Police Service Technician
• Senior Police Records Specialist
• Supervising Police Records Specialist
• Police Media Technician
• Crime Analyst
10004946.1 SO160-006
Published by
Human Resources Department
City of South San Francisco
Street Address: Mailing Address:
City Hall
400 Grand Avenue, 1st Floor P. O. Box 711
South San Francisco CA 94080 South San Francisco CA 94083
Web Site 650/877-8522 Tel
www.ssf.net 650/829-6699 Job Line
650/829-6698 Fax