Sheriff's Managers and Supervisors Association (July 1, 2024 to June 30, 2027)

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PREAMBLE

1. This Collective Bargaining Agreement (hereinafter "Agreement") is entered into by the City and County of San Francisco (hereinafter "City") acting through its designated representatives and the Sheriff’s Managers and Supervisors Association of San Francisco (hereinafter “MSA” or "Association").

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ARTICLE I - REPRESENTATION

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I.A. RECOGNITION

2. The City acknowledges that the Association has been certified by the Civil Service Commission as the recognized employee representative, pursuant to the provisions as set forth in the City's Employee Relations Ordinance for the following classes: 

• 8308(CalPERS)/8508 (SFERS) - Sheriff's Sergeant 
• 8310(CalPERS)/8510 (SFERS) - Sheriff's Lieutenant 
• 8312(CalPERS)/8512 (SFERS) - Sheriff's Captain 

3. Recognition shall only be extended to individual classes accreted to existing bargaining units covered by this Agreement. Application of this provision shall not extend to new bargaining units, added by affiliations or service agreements, unless mutually agreed in writing by the parties. Upon request of the Association, the City will meet and confer concerning proposed changes to bargaining units.

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I.B. INTENT

4. It is the purpose of this Agreement to promote and provide for harmonious relations, cooperation and understanding between and among the City, the Sheriff, the Association and the employees covered herein; to provide an orderly and equitable means of resolving any misunderstanding or differences which may arise out of this Agreement; and to set forth the full and entire understanding of the parties reached as a result of good faith negotiations regarding the wages, hours, and other terms and conditions of employment of the employees covered hereby including those matters over which the Sheriff has jurisdiction. 

5. It is agreed that the delivery of municipal and county services in the most efficient, effective, and courteous manner is of paramount importance to the City, the Association, and represented employees. Such achievement is recognized to be a mutual obligation of the parties to this Agreement within their respective roles and responsibilities.

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I.C. NO STRIKE PROVISION

6. During the term of this Agreement, the City will not lock out the employees who are covered by this Agreement. The Association and the employees shall not strike, cause, encourage, or condone a work stoppage, slowdown, or sympathy strike during the term of this Agreement.

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I.D. OBJECTIVE OF THE CITY

7. It is the intent of the parties signatory hereto that the provisions of this Agreement shall become binding on the dates agreed to herein. It is the intent of the Mayor and the Board of Supervisors acting on behalf of the City to agree to wages, hours, and other terms and conditions of employment as are within the Mayor's jurisdiction, powers and authority to act as defined by the Charter, State Law, California Constitution and other applicable bodies of the law. This Agreement shall be binding on any and all employees or parts of the City, including its Commissions, but shall in no way affect the powers and jurisdiction of the Civil Service Commission.

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I.E. MANAGEMENT RIGHTS

8. Except as otherwise provided in this Agreement, in accordance with applicable state law, nothing herein shall be construed to restrict any legal City rights concerning direction of its work force, or consideration of the merits, necessity, or organization of any service or activity provided by the City. 

9. The City shall also have the right to determine the mission of its constituent departments, officers, boards and commissions; set standards of services to be offered to the public; and exercise control and discretion over the City's organization and operations. The City may also relieve City employees from duty due to lack of work or funds, and may determine the methods, means and personnel by which the City's operations are to be conducted. However, the exercise of such rights does not preclude employees from utilizing the grievance procedure to process grievances regarding the practical consequence of any such actions on wages, hours, benefits or other terms and conditions of employment specified in this Agreement. 

10. Except in cases of emergency, the Department shall give reasonable written notice to the Association of any proposed changes by the Department in the policies or practices within the scope of representation as specified in Government Code Section 3504.5. The Association shall be provided with a reasonable opportunity to meet and confer with regard to any such proposed change should it desire to do so. 

11. In cases of emergency when the Department determines that a proposed change as described herein must be adopted immediately without prior notice or meetings with the Association, the Department shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such change.

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I.F. EMPLOYEE REPRESENTATIVES

12. On July 1, 2024, the Union shall furnish to the Department of Human Resources Employee Relations Division a written list of Union Representatives with their assigned roles. If the Union does not submit a new list, the City shall consider the current list of Union Representatives to be unchanged. During the course of the year, the Union shall amend the list as needed to ensure that the list is accurate and up to date. 

13. The Association may select up to three (3) employees for purposes of meeting and conferring with the City on matters within the scope of representation. If a situation should arise where the Association believes that more than three (3) employee members should be present at such meetings, and the City disagrees, the Association shall take the matter up with the Employee Relations Director and the parties shall attempt to reach agreement as to how many employees shall be authorized to participate in said meetings. 

14. 1. The organization's duly authorized representative shall inform in writing the department head or officer under whom each selected employee member is employed that such employee has been selected.

15. 2. No selected employee member shall leave the duty or work station, or assignment without specific approval of appropriate employer representative. 

16. 3. In scheduling meetings, due consideration shall be given to the operating needs and work schedules of the department, division, or section in which the employee members are employed. 

17. MSA Officers Release Time. The City shall provide an annual Association release time bank of four hundred (400) hours for use by the Association Officers. These employees may use these hours to perform their Union functions concerning personnel management and employee-employer relations; attend seminars, meetings and conferences designated by the Association for the purpose of professional development, and/or leadership training. Additional reasonable release time shall be granted for Officers’ attendance at grievance proceedings, Department committee meetings and meetings with the Sheriff or the Sheriff’s designees concerning collective bargaining issues. The released Officers shall not participate in any other activity, including but not limited to political activity, during this release time. The president of the Association, or their designee, shall notify the Department at least forty‐eight (48) hours in advance of the Officers who will be utilizing the release time.

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I.G. SHOP STEWARDS

18. 1. The Association shall have the right to appoint a Steward, who shall be under the direction of the MSA president, for each facility where employees are employed under the terms of this Agreement. The Association shall provide the Sheriff with a written list of Stewards and their work locations, and shall notify the Sheriff of any changes in the designation of Stewards. 

19. 2. The Stewards shall see that this Agreement and working conditions are observed, protecting the rights of both the City and the employees covered by this Agreement. Their duties include the investigation and presentation of grievance for adjustment. 

20. 3. Upon notification of an appropriate management person, stewards, subject to management approval, which shall not be unreasonably withheld, shall be granted release time to investigate and process grievances and appeals. Stewards shall advise their supervisors/management of the area or work location where they will be investigating and processing grievances.

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I.H. GRIEVANCE PROCEDURE

21. The following procedures are adopted by the parties to provide for the orderly and efficient disposition of grievances and are the sole and exclusive procedures for resolving grievances as defined herein. 

22. 1. Definition. A grievance is defined as an allegation by an employee, a group of employees or the Association that the City has violated, misapplied or misinterpreted a term or condition of employment provided in this Agreement. A grievance does not include the following: 

23. a. All Civil Service Commission “carve-outs,” as described in Charter section A8.409-3. 

24. b. Performance evaluations, provided however, that employees shall be entitled to submit written rebuttals to unfavorable performance evaluations. Said rebuttal shall be attached to the performance evaluation and placed in the employee's official personnel file. In the event of an unfavorable performance rating, the employee shall be entitled to a performance review conference with the author and the reviewer of the performance evaluation. The employee shall be entitled to Association representation at said conference. 

25. 2. Time Limits. The time limits set forth herein may be extended by agreement of the parties. Any such extension must be for a specifically stated period of time and confirmed in writing. In the event a grievance is not filed or appealed in a timely manner it shall be deemed withdrawn. Failure of the City to timely reply shall authorize the Association to appeal the grievance to the next step in the Grievance Procedure.

26. Economic Claims. Any claim for monetary relief shall not extend more than thirty (30) calendar days prior to the filing of a grievance. Though the resolution of disputes outside the Grievance Procedure is desired, it is understood by the Association that, in order to preserve its claims for monetary relief, it will file a grievance upon having knowledge of the aggrieved event and, should resolution outside the Grievance Procedure appear probable, request an abeyance of the Grievance Procedure time limits, as set forth in section 2, above. The City will not unreasonably refuse a request for abeyance where settlement of an economic claim appears probable. 3. Grievance Initiation. 

27. a. A grievance affecting more than one employee shall be filed with the departmental official having authority over all employees affected by the grievance. 

28. b. Only the Association may file a grievance arising from a final disciplinary decision. These matters shall be initiated with the Sheriff or designee at Step 2. 

29. c. All other issues shall be initiated at Step 1. 

30. 4. Steps of the Procedure. The grievant shall discuss the grievance informally with their immediate supervisor, provided the grievance is not a discrimination or retaliation claim against that supervisor, and try to work out a satisfactory solution in an informal manner as soon as possible, but in no case later than ten (10) calendar days from the date of the occurrence of the act or the date the grievant might reasonably have been expected to have learned of the alleged violation being grieved. The grievant may have an Association representative present. 

31. a. Step 1. If the grievance is not resolved within seven (7) calendar days after contact with the immediate supervisor, the grievant will submit the grievance in writing to the facility or division commander no later than seventeen (17) calendar days of the facts or event giving rise to the grievance. The grievance will be submitted on a mutually agreeable grievance form. The grievance will set forth the facts of the grievance, the terms and conditions of the Agreement claimed to have been violated, misapplied or misinterpreted, and the remedy or solution being sought by the grievant. 

32. The facility or division commander shall respond in writing within fifteen (15) calendar days following receipt of the written grievance. 

33. b. Step 2. A grievant dissatisfied with the facility or division commander's response at Step 1 may appeal to the Sheriff, or designee, in writing, within fifteen (15) calendar days of receipt of the Step 1 answer. The Sheriff, or designee, may convene a meeting within fifteen (15) calendar days with the grievant and/or the grievant's Association representative. The Sheriff, or designee, shall respond in writing within fifteen (15) calendar days of the meeting or receipt of the grievance, whichever is later. 

c. Step 3. 

34. (1) For Contract Interpretation grievances only. A grievant dissatisfied with the Sheriff 's response at Step 2 may appeal to the Director, Employee Relations, or its designee (“ERD”), in writing, specifying the reason(s) why it is dissatisfied with the Department’s response, within fifteen (15) calendar days of receipt of the Step 2 answer. The grievance shall contain copies of all earlier correspondence and materials reviewed at the earlier steps. ERD may convene a grievance meeting within fifteen (15) calendar days with the grievant and/or the grievant's Association representative. ERD shall have fifteen (15) calendar days after the receipt of the written grievance, or if a meeting is held, fifteen (15) calendar days after the meeting, whichever is later, to review and seek resolution of the grievance and respond in writing. 

35. (2) For Disciplinary Grievances only. The Association dissatisfied with the Sheriff's response at Step 2 may appeal to the Administrative Appeals Board, as provided in the Sheriff’s Department Policy, Article X. A copy of the Sheriff’s Department Policy, Article X is attached hereto as Appendix A. A copy of both the grievant’s appeal and the final written decision of the Administrative Appeals Board shall be forwarded to ERD. Disciplinary grievances may be appealed only through the Administrative Appeals Board and may not be submitted to arbitration under this Article. 

36. 5. Step 4 --- Arbitration for Contractual Interpretation grievances only. If the Association is dissatisfied with the Step 3 response it may appeal by notifying ERD, in writing, within fifteen (15) calendar days of its receipt of the Step 3 response, that arbitration is being invoked. Only the Association may submit a Contractual Interpretation grievance to arbitration under this Article. 

37. 6. Expedited Arbitration. By written mutual agreement entered into before or during Step 3 of the Grievance Procedure, the parties may submit any Contractual Interpretation grievance to the Expedited Arbitration process. 

38. a. Selection of the Arbitrator for Expedited Arbitration. The parties will first attempt to mutually agree on an arbitrator within seven (7) days of the invocation of Expedited Arbitration. If the parties are unable to agree on a selection within the seven (7) days, either party may request a list of seven (7) appropriately experienced arbitrators from the California State Mediation and Conciliation Service (CSMCS). As a condition of appointment to the CSMCS panel, each of the panelists must certify that they will be available to hear the Expedited Arbitration in not greater than thirty (30) days from her/his selection. 

39. The parties will alternately strike panelists until a single name remains. Should the remaining panelist be unable to preside over the Expedited Arbitration within thirty (30) days, the last name stricken from the panel will be contacted, and continuing, if necessary, in reverse order of the names being stricken, until a panelist is selected who can preside over the Expedited Arbitration within thirty (30) days. Whether the Association or City strikes the first name in the alternating process shall be determined by lot. 

40. b. Proceeding. No briefs will be used in Expedited Arbitration. Testimony and evidence will be limited consistent with the expedited format, as deemed appropriate by the arbitrator. There will be no court reporter or transcription of the proceeding, unless either party or the arbitrator requests one. At the conclusion of the Expedited Arbitration, the arbitrator will make a bench decision. Every effort shall be made to have a bench decision followed by a written decision. Expedited arbitration decisions will be non-precedential except in future issues regarding the same employee. 

41. c. Costs. Each party shall bear its own expenses in connection with the presentation of its case. All fees and expenses of the arbitrator shall be borne and shared equally by the parties. The costs of a court reporter and the transcription of the proceeding, if any, shall be paid by the party requesting such, unless requested by the arbitrator, which will then be borne and equally shared by the parties. In the event that an Expedited Arbitration hearing is canceled resulting in a cancellation fee, the party initiating the request or causing the cancellation shall bear the full cost of the cancellation fee, unless the parties agree otherwise. 

42. 7. Selection of an Arbitrator (not Expedited Arbitration). The parties agree to the following list of at least seven (7) but not more than ten (10) arbitrators to serve as the permanent panel to hear grievances arising under the terms of this Agreement. 

• MaryAnn Dresner 
• Matt Goldberg 
• Kenyette Jones 
• Luella Nelson 
• Katherine Thomson 
• Carol Vendrillo 
• Barry Winograd 
• David Weinberg 
• Najeeb Khoury 

43. When a matter is appealed to arbitration the parties shall first attempt to mutually agree on an arbitrator. In the event no agreement is reached within ten (10) calendar days, the arbitrator shall be selected from the permanent panel in accordance with the following procedure: 

44. a. Panelists shall be listed in alphabetical order. The case shall be assigned to the next panelist in order, provided however that each party shall be entitled to one strike. 

45. b. The panelist next in order following any strike options exercised by the parties shall be designated to hear the case. 

46. c. In the event that either party strikes a panelist’s name from the list in accordance with this section, the struck panelist’s name shall be placed at the bottom of the list. Once struck, the same party may not strike that panelist’s name again until that panelist has been selected to preside over an arbitration. 

47. Authority of the Arbitrator. The decision of the arbitrator (for both Arbitration and Expedited Arbitration) shall be final and binding, unless challenged under applicable law. The arbitrator shall have no authority to add to, ignore, modify or amend the terms of this Agreement. 

48. Costs of Arbitration. The direct expenses of the arbitration including the fees and expenses of the arbitrator and any court reporter shall be borne and shared equally by the parties. In the event that an arbitration is canceled resulting in a cancellation fee from the arbitrator and/or the court reporter, the party initiating the request or causing the cancellation shall bear the full cost of the cancellation fee, unless the parties agree otherwise. 

49. Hearing Dates and Date of Award. Except for the Expedited Arbitration procedure described above, hearing dates shall be scheduled within thirty (30) working days of selection of an arbitrator or on the next practicable date mutually agreeable to the parties. Awards shall be due forty-five (45) calendar days following the receipt of closing arguments. As a condition of appointment to the permanent panel, arbitrators shall be advised of this requirement and shall certify their willingness to abide by these time limits.

50. 8. The Discipline Process. The imposition of discipline shall be governed by Department Policy, Article X. A copy of Department Policy, Article X is attached hereto as Appendix A. 

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I.I. UNION SECURITY

1. Authorization for Payroll Deductions 

51. a. The Association shall submit any request to initiate, change, or cancel deductions of Contributions from represented employees’ pay according to the Controller’s “Union Deductions Procedure” (“Procedure”), which the Controller may amend from time to time with reasonable notice to the Association. “Contributions” as used in this Section I.I means Association membership dues, initiation fees, political action funds, other contributions, and any special membership assessments, as established and as may be changed from time to time by the Association. 

52. b. The City shall deduct Contributions from a represented employee’s pay upon submission by the Association of a request, in accordance with the Procedure. The Procedure shall include, and the Association must provide with each request, a certification by an authorized representative of the Association, confirming that for each employee for whom the Association has requested deduction of Contributions, the Association has and will maintain a voluntary written authorization signed by that employee authorizing the deduction. If the certification is not properly completed or submitted with the request, the City shall notify the Association, and make the requested deduction changes only upon receipt of a proper certification. 

53. c. The Procedure is the exclusive method for the Association to request the City to initiate, change, or cancel deductions for Contributions. 

54. d. The City shall implement new, changed, or cancelled deductions the pay period following the receipt of a request from the Association, but only if the Association submits the request by noon on the last Friday of a pay period. If the Controller’s Office receives the request after that time, the City will implement the changes in two following pay periods. 

55. e. If an employee asks the City to deduct Contributions, the City shall direct the employee to the Association to obtain the Association authorization form. The City will not maintain a City authorization form for such deductions. If a represented employee hand delivers the official Association form authorizing such deductions to the Controller’s Payroll Division, the City shall process the authorization and begin the deduction within thirty (30) days. The City will send the Association a copy of any authorization form that it receives directly from a represented employee.

56. f. Except as otherwise provided in this subsection 1, each pay period, the City shall remit Contributions to the Association, after deducting the fee under San Francisco Administrative Code Section 16.92. In addition, the City will make available to the Association a database that includes the following information for each represented employee: name; DSW number; classification; department; work location; work, home, and personal cellular telephone number; personal email address if on file with the City; home address; and any Contributions amount deducted. 

57. g. Except as otherwise provided in this subsection 1, the City shall continue to deduct and remit Contributions until it receives notice to change or cancel deductions from the Association in accordance with the Procedure, or it receives an order from a court or administrative body directing the City to change or cancel the deductions for one or more employees. 

58. h. With the exception of subsection (e) above, the Association is responsible for all decisions to initiate, change, and cancel deductions, and for all matters regarding an employee’s revocation of an authorization, and the City shall rely solely on information provided by the Association on such matters. The City shall direct all employee requests to change or cancel deductions, or to revoke an authorization for deductions, to the Association. The City shall not resolve disputes between the Association and represented employees about Association membership, the amount of Contributions, deductions, or revoking authorizations for deductions. The City shall not provide advice to employees about those matters, and shall direct employees with questions or concerns about those matters to the Association. The Association shall respond to such employee inquiries within 21 calendar days from the date it receives the inquiry,

2. Indemnification 

59. The Association shall indemnify, hold harmless, and defend the City against any claim, including but not limited to any civil or administrative action, and any expense and liability of any kind, including but not limited to reasonable attorney’s fees, legal costs, settlements, or judgments, arising from or related to the City’s compliance with this Section I.I. The Association shall be responsible for the defense of any claim within this indemnification provision, subject to the following: (i) the City shall promptly give written notice of any claim to the Association; (ii) the City shall provide any assistance that the Association may reasonably request for the defense of the claim; and (iii) the Association has the right to control the defense or settlement of the claim; provided, however, that the City shall have the right to participate in, but not control, any litigation for which indemnification is sought with counsel of its own choosing, at its own expense; and provided further that the Association may not settle or otherwise resolve any claim or action in a way that obligates the City in any manner, including but not limited to paying any amounts in settlement, taking or omitting to take any actions, agreeing to any policy change on the part of the City, or agreeing to any injunctive relief or consent decree being entered against the City, without the consent of the City. This duty to indemnify, hold harmless, and defend shall not apply to actions related to compliance with this Section I.I brought by the Association against the City. This subsection 2 shall not apply to any claim against the City where the City failed to process a timely, properly completed request to change or cancel a Contributions deduction, as provided in subsection 1.

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I.J. UNION ACCESS

60. The City shall provide Association reasonable access to all work locations to verify compliance with the terms and conditions of this Agreement and to confer with represented employees, provided that such access is subject to the rules and regulations immediately below. 

61. Association representatives must identify themselves upon arrival at a City department. Association representatives may use City meeting space with a reasonable amount of advance notice and approval from the City department, subject to availability. 

62. The City may require a department representative to escort Association representatives when the Association representative seeks access to a work area where confidential or secure work is taking place, when the department would require an escort for other nonemployees. Bargaining unit members who would otherwise have access to the area will not be required to have an escort. 

63. Nothing in this Section is intended to disturb existing City departmental Union access policies. Further, nothing in this Section is intended to prevent the Department from implementing changes or additional rules and regulations pursuant to the Meyers-Milias Brown Act.

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ARTICLE II - EMPLOYMENT CONDITIONS

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II.A. NON-DISCRIMINATION

64. The City and the Association recognize that the City is required to comply with the California Fair Employment and Housing Act, Title VII of the 1964 Civil Rights Act, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1963, and other applicable federal, state and local statutes prohibiting discrimination, harassment and retaliation. The City and the Association agree that, pursuant to the City’s obligations under those state, federal and local statutes no bargaining unit member employed by the City shall in any way be discriminated or retaliated against, or harassed, because of race, color, creed, religion, sex, gender identity, national origin, physical handicap, age, political affiliation or opinion, or sexual preference. The parties agree that this Memorandum shall be interpreted, administered and applied in a manner consistent with all applicable state, federal and local statutes. The City and the Association further agree that no bargaining unit member shall be discriminated against because of Association activity. 

65. In the event more than one administrative remedy may be available within the City and County governmental system of San Francisco, the Association shall elect one. An individual employee may exercise whatever right he or she may have under the law.

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II.B. LAYOFFS

66. Any permanent employee laid off may have the selection of one of the two following options: 

67. 1. Placement on the Civil Service Commission holdover roster for a duration of one (1) year, or 

68. 2. Severance pay of one (1) week's pay for every year of permanent service to a five (5) year maximum. The employee's decision concerning the above shall be irrevocable and must be made within fourteen (14) days from the employee’s notice of layoff from the City. 

69. Placement on the Civil Service Commission holdover roster falls within the jurisdiction of the Civil Service Commission pursuant to Charter Sections A8.409 et seq. and is not therefore subject to grievance or arbitration.

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II.C. ASSIGNMENT OF WORK

70. 1. Probationary Period. As defined and administered by the Civil Service Commission, the probationary period shall be as follows:

• Class 8308/8508 - Sheriff's Sergeant: 1 year 
• Class 8310/8510 - Sheriff's Lieutenant: 1 year 
• Class 8312/8512 - Sheriff's Captain: 1 year 

71. The duration of the probationary period may be extended by written mutual agreement of the employee, the Association and the Sheriff. 

2. Reclassification/Reorganization. 

72. a. Effects of Reclassification. Upon approval of the reclassification of an existing position by the Human Resources Director or the Civil Service Commission, the incumbent shall be laid off, and shall be eligible to exercise seniority to fill another position in the class occupied prior to the reclassification in accordance with the rules of the Civil Service Commission or provisions of the Agreement whichever governs. 

73. The exercise of seniority shall be the exclusive remedy available to the affected employee and employee organization. The subject matter of this provision shall not be subject to the grievance procedure, except claims based on the application of seniority. 

74. b. Transfer of Work between Bargaining Units/Incidental Employee Work Assignments. The City shall have the right, in its sole discretion, to assign work to any classification determined to be appropriate for the performance of said duties. 

75. The incidental assignment of out of class duties shall be subject to this provision. Incidental duties shall be defined as those constituting a minor portion of the employee's assignment. 

76. The subject matter of this provision shall not be subject to the grievance procedure. 

77. c. Reorganization. The parties recognize and agree that the reorganization of departments and/or departmental units and divisions, and the work pertaining thereto, is the sole and exclusive prerogative of the City. Any action of the City undertaken in connection with this provision, including the consequences thereof, shall not be subject to the grievance procedure. 

78. 3. Staffing levels. Current staffing in county jail facilities and courts should be carried forward as minimum staffing. Current minimum staffing levels for the county jails and courts are contained in Appendix B. 

79. In the event that the State or Superior Court publishes via letter to the City or Sheriff’s Department or posts such information on the internet that predicts cuts to the State Trial Courts budget that may result in a loss of funding for the Sheriff’s Office such that State funding would no longer cover staffing at MOU minimums, the City shall give the union 30-days’ notice of a proposed staffing plan. During that 30-day period, the parties shall meet and confer in good faith over the staffing plan and officer safety issues. At the end of the 30-day meet and confer period, if no agreement has been reached, the Sheriff may implement its proposed staffing plan consistent with predicted or actual State funding. If the union seeks to keep staffing at levels above that proposed or implemented by the Department, it may take the issue to expedited arbitration under the MOU. The arbitrator shall consider the financial condition of the City and Department, the State budget, officer safety and other evidence the arbitrator deems relevant to evaluating the staffing plan. The arbitrator’s authority is limited to setting overall minimum staffing levels at the courts prospectively for the term of the MOU, and shall be final and binding. 

80. 4. Assignment of Function. 

81. a. Assignment of functions. Without limitation to the Sheriff’s discretion to make out-of-class assignments, the City shall not allocate to any person not an appointee in any of the following classes: 

• Sheriff’s Sergeant 
• Sheriff’s Lieutenant 
• Sheriff’s Captain 

82. any of the functions now performed or to be performed by appointees within the aforesaid classes considered in the aggregate, as to the following: 

83. (1) the intake, processing, housing, release, and transportation of prisoners in any facility of the San Francisco County Jail; 

84. (2) the security of the San Francisco Municipal and Superior Courts; and, 

85. (3) the enforcement of civil processes within the City and County of San Francisco. 

86. b. Meet and Confer. The City shall not undertake in any manner to allocate to any person not an appointee within any of the aforesaid classes any of the functions now performed by appointees within the aforesaid classes, as to the hiring, training, retention, promotion, compensation, discipline, or discharge of employees within said classes, without advance notice of intent to the MSA and appropriate meet and confer in advance of such allocation having due regard for the following:

87. (1) the current practices of other local law enforcement agencies within the State of California; 

88. (2) the availability of training in the aforesaid functions as certified by the Commission on Peace Officer Standards and Training of the State of California; 

89. (3) the quality of service to be provided by the Sheriff’s Department; and, 

90. (4) bargaining unit work performed prior to 1986. 

91. c. The parties incorporate by reference as if fully set forth Administration Code Sections 16.215(e)(1-4).

92. 5. For purposes of reassignments, the Department shall, twice a year, conduct a survey of bargaining unit members to solicit each member’s interest in being reassigned to another facility/unit or assignment. The survey is for informational purposes only. 

93. The assignment of a MSA-represented employee shall be made in an objective manner. The supervisors designated as responsible for determining assignment shall take into consideration the following factors: 

94. a. Nature of the Position; 

95. b. Operational and efficiency requirements of the SFSD; 

96. c. Employee performance, qualifications, and skills; 

97. d. Employee training and development; 

98. e. Employee Preference; and 

99. f. Seniority 

100. An employee may request reassignment (transfer) by submitting the request in writing through the employee's chain of command to the supervisor with authority to make the requested reassignment. The employee shall receive a written response to the reassignment (transfer) request within 14 days of making the request. 

101. The Department will only detail an employee for up to 90 calendar days at a time. If an employee is detailed the Department will provide a reason for the detail. 

102. 6. Matters within the jurisdiction of the Civil Service Commission are not subject to grievance or arbitration.

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II.D. PERSONNEL FILES AND OTHER PERSONNEL MATTERS

103. Qualified employees covered by the Agreement shall be entitled to the protections afforded under the Public Safety Officers’ Procedural Bill of Rights Act (POBR), Government Code Section 3309. The interpretation of Government Code Section 3309 shall not be subject to grievance or arbitration. 

104. Performance appraisals are prepared for several purposes, including for the purpose of giving notice to employees whose performance is deficient or unacceptable. Performance appraisal, including documents attached to the appraisals, shall be placed in the employee's official personnel file, and shall be removed only upon written authorization of the Sheriff, subject to the approval of the Civil Service Commission.

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II.E. WORK RULES

105. This section addresses the application of the Sheriff’s Department Policy and Procedure on “Work Rules,” commonly known as Procedure Number 03-49 or “C-04,” dated May 5, 1997.

106. In the administration and application of department policy and procedure within the scope of bargaining, the following applies during the term of this agreement: 

107. (i.) If there is a conflict between C-04 and the Memorandum of Understanding (“MOU”), the MOU supersedes C-04; 

108. (ii.) C-04 may be enforceable via Article XII (grievance procedure) of C-04; 

109. (iii.) By July 1, 2015, the Department will present to the Union revisions of C-04 that either amends or eliminates C-04 in favor of new or revised policies. The union shall have the right to meet and confer over issues within the scope of bargaining in the revised C-04. Should the parties fail to reach an agreement on the above, the union may avail itself of the Charter impasse procedures contained in A8.590-5. Arbitrator Carol Vendrillo shall retain jurisdiction as neutral arbitrator and Chairperson to resolve such an impasse during the term of this Agreement. 

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ARTICLE III - PAY, HOURS AND BENEFITS

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III.A. WAGES

110. Represented employees will receive the following base wage increases: 

111. Effective July 1, 2024, represented employees shall receive a 1.5% wage increase. 

112. Effective January 4, 2025, represented employees shall receive a 1.5% wage increase. 

113. Effective June 30, 2025, at close of business, represented employees shall receive a 1% wage increase. 

114. Effective July 1, 2025, represented employees shall receive a 1% wage increase. 

115. Effective January 3, 2026, represented employees shall receive a 1.5% wage increase. 

116. Effective June 30, 2026, at close of business, represented employees shall receive a 2% wage increase. 

117. Effective January 2, 2027, represented employees shall receive a 2% wage increase. 

118. Effective June 30, 2027, at close of business, represented employees shall receive a 2.5% wage increase. 

119. Because of the wage structure of this proposal, no wage deferrals/offramps will be utilized. 

120. All base wage calculations shall be rounded to the nearest whole dollar, biweekly salary.

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III.B. WORK SCHEDULES

121. 1. Regular Work Day. Unless agreed upon by the City and the Association as set forth below under the heading “Alternate Work Schedule”, a regular workday is a tour of duty of eight (8) hours of work completed within not more than twenty-four (24) hours. There shall be no split shift. 

122. 2. Regular Work Week. The Sheriff shall determine the work schedule for employees in their department. Unless agreed upon by the Association and the City as set forth below under the heading “Alternate Work Schedule”, a regular workweek is a tour of duty of five (5) consecutive days within a seven (7) day period. However, employees who are moving from one shift or one work schedule to another may be required to work in excess of five (5) working days in conjunction with changes in their work shifts or schedules.

123. 3. Alternate Work Schedule. By mutual agreement, the City and the Association may enter into cost equivalent alternate work schedules for some or all represented employees. Such alternate work schedules may include, but are not limited to, core hours flex-time; full-time work weeks of less than five (5) days; or a combination of features mutually agreeable to the parties. Such changes in the work schedule shall not alter the basis for, nor entitlement to, receiving the same rights and privileges as those provided to employees on five (5) day, forty (40) hour a week schedules.

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III.C. ADDITIONAL COMPENSATION

124. Each premium or additional compensation set forth below shall be separately calculated based on an employee’s base rate of pay. 

1. Night Duty.

125. Employees who, as part of their regularly scheduled work shift, are required to work any hours between 4:00 p.m. and 11:00 p.m. shall receive a premium of eight and one-half percent (8.5%) per hour in addition to their straight time hourly base rate of pay for any and all hours worked between 4:00 p.m. and 11:00 p.m. 126. Employees who, as part of their regularly scheduled work shift, are required to work any hours between 11:00 p.m. and 6:00 a.m. shall receive a premium of ten percent (10%) per hour in addition to their straight time hourly base rate of pay for any and all hours worked between 11:00 p.m. and 6:00 a.m. 127. Excluded from these provisions are those employees who participate in an authorized flextime program where the work shift includes hours to be worked between the hours of 5:00 p.m. and 7:00 a.m. Day shift employees assigned to work during the night duty premium hours are not eligible for night duty premium. 

2. Stand-by Pay. 

128. Employees who as part of the duties of their positions are required by the Sheriff in writing to standby when normally off duty to be instantly available on call for immediate emergency service for the performance of their regular duties shall be paid ten (10%) percent of their regular straight time rate of pay for the period of such standby service when outfitted by the Department with a cellular telephone or other electronic communication device. When such employees are called to perform their regular duties in emergencies during the period of such standby service, they shall be paid while engaged in such emergency service the usual rate of pay for such service as provided herein. However, standby pay shall not be allowed in classes or positions whose duties are primarily administrative in nature, as designated by the Sheriff. 

3. Call Back Pay. 

129. Employees ordered back to work following the completion of their work day and departure from their place of employment shall be granted a minimum of four (4) hours pay at the applicable rate or shall be paid for all hours actually worked at the applicable rate, whichever is greater. For employees covered by this Agreement, call-back means being ordered to work in an emergency, as a witness in a criminal matter, or when ordered for other reasons. Call-back does not mean continuing duty that does not have a substantial break, court appearances as a result of off-duty employment or personal reasons, prescheduled overtime, or employees called in to duty when on standby status. 

4. Special Skills & Duties. 

130. a. Officer Training Duties. Employees represented by the Association who are assigned training officer duties shall be paid an additional five dollars ($5.00) per hour when such duties are actually performed. In addition, employees will receive Training Officer pay for group trainings so long as the hourly premium is reimbursed by POST or STC. The Department will seek reimbursement for Training Officer premium for group classes when the payment of the premium will not reduce the number of hours of training funded by POST/STC. If the Department ceases pay for group trainings because reimbursement is denied, the Department will notify the Association and provide an opportunity to meet and confer over the impacts of cessation of training officer pay for group training. 

131. b. Honor/Color Guard. The City agrees to provide a premium of 0.5% per pay period to each represented employee who has served in the Sheriff's Honor/Color Guard for at least one week during that pay period. 

132. c. Emergency Services. The City agrees to provide a premium of 3% per pay period to each represented employee who was assigned to the Emergency Services Unit or Hostage Negotiation Team for at least one week during that pay period. To be entitled to this premium, employees assigned to the Emergency Services Unit or Hostage Negotiation Team must agree to wear a Department issued pager, or, at their option, carry a personal cellular telephone, or other electronic communication device, while off-duty and to respond immediately when paged. While assigned to this Unit or Team, employees are not eligible to receive standby pay under Article III.C. of this Agreement for any service related to the Emergency Services Unit or Hostage Negotiation Team. For this provision, the Department will bear no burden for the cost of any other electronic communication device except for a Department-issued pager. 

5. Bilingual Premium. 

133. Bilingual pay, in the amount of fifty ($50) bi-weekly, shall be paid to employees who have been certified by the Department of Human Resources as having proficiency in Spanish, Cantonese, Mandarin, Tagalog, Arabic, sign language for the hearing impaired and Braille for the visually impaired. Members certified by the Department of Human Resources as having proficiency in other languages shall, upon the approval of the Sheriff, receive this bilingual premium. 

134. Effective January 1, 2020, at the City’s discretion, the City may require an employee to recertify not more than once annually to continue receiving a bilingual premium. 6. Acting Assignment Pay. 

135. a. Employees assigned by the Sheriff or designee to perform a substantial portion of the duties and responsibilities of a higher classification shall receive compensation at a higher salary if all of the following conditions are met: (1) The assignment shall be in writing; (2) The position to which the employee is assigned must be a budgeted position; and (3) The employee is assigned to perform the duties of a higher classification for longer than ten (10) consecutive working days. 

136. Upon written approval by the Sheriff, beginning on the eleventh (11th) day of an acting assignment under this section and retroactive to the first (1st) day of the assignment, an employee shall be paid at a step of the established salary schedule of the higher class which is at least five percent (5%) above the employee’s base salary but which does not exceed the maximum step of the salary schedule of the class to which temporarily assigned. Premiums based on percent of salary shall be paid at a rate which includes out of class pay. 

137. Requests for classification or reclassification review shall not be governed by this provision. 

138. b. Facility Commander Pay. When a Facility Commander has been assigned but is absent, the senior Sergeant or Lieutenant on the 2nd watch shall be entitled to a seven and one-half percent (7.5%) premium over their regular rate of pay for the hours during the shift that the Facility Commander is absent. Facility Commanders shall be considered absent if they are off duty for four (4) or more hours of their shift or are on duty but physically away from the assigned facility for four (4) or more hours of their shift. At the Department’s discretion, the employee receiving pay under this provision may count towards the supervisory watch minimum. The term "Facility" shall include: County Jails, Court Services, Field Services and Administration. 

139. c. Acting Watch Commander. An 8308/8508 Sheriff’s Sergeant when assigned, under Sheriff’s Department rules, to the duties of a higher ranking supervisor who is the Watch Commander during the absence of the Watch Commander during their normal tour of duty at County Jails, Hall of Justice Courts (in the absence of an 8310/8510), Community Programs, Station Transfer Unit, Sheriff’s Patrol Unit, Civic Center Courts, Juvenile Justice Courts, Ward 7D7L, Department of Emergency Management, the Central Records and Warrants Unit (CRWU), City Hall Patrol Unit, Transportation, the Training Unit, Criminal Investigations Unit, Internal Affairs Unit, or the Classification Unit shall be entitled to a seven and one-half percent (7.5 %) premium over their normal compensation. 

7. Supervisory Differential. 

140. The Sheriff may adjust the compensation of a supervisory employee whose schedule of compensation is set herein subject to the following conditions: 

141. a. The supervisor, as part of the regular responsibilities of their class, supervises, directs, is accountable for and is in responsible charge of the work of a subordinate or subordinates. 

142. b. The supervisor must actually supervise the technical content of subordinate work and possess education and/or experience appropriate to the technical assignment.

143. c. The organization is a permanent one approved by the Sheriff, chief administrative officer, Board or Commission, where applicable, and is a matter of record based upon review and investigation by the Human Resources Department. 

144. d. The classifications of both the supervisor and the subordinate are appropriate to the organization and have a normal, logical relationship to each other in terms of their respective duties and levels of responsibility and accountability in the organization. 

145. e. The compensation schedule of the supervisor is less than one full step (approximately 5%) over the compensation schedule, exclusive of extra pay, of the employee supervised. In determining the compensation schedule of a classification being paid a flat rate, the flat rate will be converted to a bi-weekly rate and the compensation schedule the top step of which is closest to the flat rate so converted shall be deemed to be the compensation schedule of the flat rate classification. 

146. The adjustment of the compensation schedule of the supervisor shall not exceed five percent (5%) over the compensation exclusive of extra pay, of the employee supervised. 

147. f. If the application of this section adjusts the compensation schedule of an employee in excess of their immediate supervisor, the pay of such immediate supervisor shall be adjusted to an amount one dollar ($1) bi-weekly in excess of the base rate of their highest paid subordinate, provided that the applicable conditions of this section are also met. 

148. g. In no event will the Sheriff approve a supervisory salary adjustment in excess of two (2) full steps (approximately 10%) over the supervisor's current basic compensation. If in the following fiscal year a salary inequity continues to exist, the Sheriff may again review the circumstances and may grant an additional salary adjustment not to exceed two (2) full steps (approximately 10%). 

149. h. The Sheriff shall review any changes in the conditions or circumstances that were and are relevant to the request for salary adjustment under this section either acted upon by or pending before the Human Resources Director. 8. Other Additional Compensation. 

150. a. Canine Pay. Member(s) assigned to canine duty shall receive pay as calculated below, as compensation for the average time authorized and expended in the exercise, care, feeding, grooming, and training of the assigned canine. This amount has been calculated by the parties to represent approximately 52 minutes per day or 6 hours of overtime per week. These hours will be compensated at the greater of the following: 

151. (1) one and one-half times the hourly rate of the federal minimum wage; or 

152. (2) one and one-half times the hourly rate achieved by the following calculation: 0.2222 x Employee’s base rate 

153. This extra compensation is for activities outside normal working hours and is not to be considered base pay, premium pay, nor shall it be included for purposes of retirement benefit calculations or contributions, except as required by law. In addition, members assigned to canine duty shall be reimbursed for canine related expenses in the amount of $150.00 per month, calculated by the parties to represent food and other expenses reasonably and customarily incurred in the maintenance and care of the dog. This reimbursement is non receipted. 

154. b. Professional Achievement/POST Premium. Bargaining unit members who possess an intermediate POST certificate shall, upon presenting documentation to the Department, receive a premium of four (4.0%) percent of their base rate of pay. Professional achievement pay shall be paid commencing with the first pay period following said presentation. Employees Bargaining unit members who possess an advanced POST certificate shall, upon presentation to the Department, receive a premium of six and a half percent (6.5%) of their base rate of pay. The advanced POST premium will increase to six and seventy-five hundredth percent (6.75%) effective July 1, 2024, to seven and twenty-five hundredth percent (7.25%) effective July 1, 2025, and to eight percent (8.0%) effective July 1, 2026, of their base rate of pay. Deputies hired prior to 1975 shall be entitled to receive either premium if they have met the equivalent standard for either certificate. This payment shall not be considered "regular" pay for purposes of overtime. 

155. c. Longevity Pay. 

156. (i.) Members hired by the Department on or before June 30, 2014 shall receive two percent (2%) longevity pay upon completion of more than five (5) years of service as a sworn member of the Department. 

157. (ii.) Members hired by the Department on or after July 1, 2014 who have completed eighteen (18) years of service as a sworn member of the Department shall receive two percent (2%) longevity pay. 

158. (iii.) Members who have completed twenty-five (25) years of service as a sworn member of the Department shall receive an additional two percent (2%) longevity pay. 

159. (iv.) Members who have completed twenty-eight (28) years of service as a sworn member of the Department shall receive an additional two percent (2%) longevity pay. 160. (v.) Longevity pay shall be included for purposes of retirement benefit calculations and contributions.

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III.D. OVERTIME COMPENSATION

161. The Sheriff may require employees to work longer than the regular work day or the regular work week. Any time worked under proper authorization or suffered to be worked by an employee, exclusive of part-time employees, in excess of actual paid work on a regular work day or week shall be designated as overtime and shall be compensated at one-and-one-half (1-1/2) times the base hourly rate which may include a night differential if applicable; provided that employees working in classifications that are designated as having a regular work day of less than eight (8) hours or a regular work week of less than forty (40) hours shall not be entitled to overtime compensation for work performed in excess of said specified regular hours until they exceed eight (8) hours per day and forty (40) hours per week, provided further, that employees working in a flex-time program shall be entitled to overtime compensation as provided herein when required to work more than eighty (80) hours per payroll period. Overtime shall be calculated and paid on the basis of the total number of straight-time hours worked in a day and a week. For the purposes of this section, statutory holidays and in-lieu holidays shall be counted as hours worked. Overtime compensation so earned shall be computed subject to all the provisions and conditions set forth herein. 

162. Sergeants and Lieutenants shall be eligible to work all “supervisory overtime” (subject to legal restrictions), based on location, rank, and bargaining unit seniority. “Supervisory overtime” is any overtime necessary to meet a supervisory minimum or a task that requires the supervision, management or direction of sworn or uniformed staff. 

163. Employees occupying Fair Labor Standards Act (FLSA) exempt (executive, administrative, or professional) positions shall not be paid for overtime worked but may be granted compensatory time off. 

164. Employees covered by the FLSA who are required to work overtime shall be paid at a rate of one and one-half times (1-1/2) the regular rate except by mutual agreement an employee may earn up to 160 hours of compensatory time each fiscal year. 

165. Employees shall give the Department five (5) days advance written notice of a request to use compensatory time off. The Department shall grant permission to use the compensatory time off unless doing so would unduly disrupt the operation of the Department. The Department may grant an employee’s request to use compensatory time off with less than the required five (5) days advance written notice at its sole discretion. 

166. Employees may not accumulate a balance of compensatory time in excess of 160 hours. 

167. Subject to the maximum number of compensatory time hours an employee may earn each fiscal year and subject to the maximum compensatory time balance an employee may accumulate, as set forth above, employees who work a 12-hour shift shall be able to elect, at the beginning of each fiscal year, to be paid in compensatory time for working hours 81 through 84 of their two week pay period. Implementation of this provision is subject to confirmation by the City that it complies with state and federal law. 

168. A non-“Z” classified employee who is appointed to a position in a higher, non-“Z” designated classification or who is appointed to a position in a “Z” designated classification shall have their entire compensatory time balances paid out at the rate of the lower classification prior to promotion or said non-“Z” classified employee, at their option, may carry over eighty (80) hours of accrued compensatory time to the position in a higher classification within the department. 

169. A non-“Z” classified employee who is appointed to a position in another department shall have their entire compensatory time balances paid out at the rate of the underlying classification prior to appointment. 

170. “Z” classified employees may not accumulate a balance of compensatory time in excess of one hundred sixty (160) hours. A “Z” classified employee may carry over one hundred twenty (120) hours of compensatory time into the following fiscal year. 

171. After receiving the Sheriff’s written request to suspend the mandated compensatory time off provisions for “Z” designated positions, if the request meets the requirements in the Annual Salary Ordinance to suspend the “Z” designation, then ERD shall issue its letter to the appropriate authority within 10 days. 

172. Upon transfer to another City department or upon separation of employment through resignation, retirement or termination, a bargaining unit member who is designated “non-Z” or whose “Z” symbol has been waived, shall be entitled to payout of all hours of compensatory time that the member has earned but not used at the time of transfer or separation, less any applicable deductions and withholdings. A bargaining unit member who transfers from Sheriff’s Department to another City department shall provide written notice to the Sheriff’s Department, prior to separation from the member’s classification, of the member’s desire to receive payout of all hours of compensatory time available under this section. At the direction of the Sheriff’s Department, an employee shall be required to use compensatory before transferring from another Department. 

173. The parties acknowledge that for purposes of calculating overtime under the Fair Labor Standards Act (FLSA), the work period now in effect for all sworn members, regardless of the member’s assignment or shift, is a 14-day period (86 hours) under 29 USC Section 207k (e.g., Saturday, July 2, 2005 at 0001 hours to Friday, July 15, 2005 at 2400 hours; Saturday, July 16, 2005 at 0001 hours to Friday, July 29, 2005 at 2400 hours). 

Third Party Requests for Law Enforcement Services 

174. The parties acknowledge that the provisions of Section 18.13-1(c) of the San Francisco Administrative Code apply to overtime worked by bargaining unit members: 

Admin. Code Sec. 18.13-1(c): “The provisions of Subsection (a) [limiting overtime to 520 hours each year] shall not apply to overtime worked by any employee where the City and County of San Francisco incurs no direct or indirect additional costs and where the employee acquires no right to compensatory time off. For the purposes of this Section, "direct or indirect additional costs" includes any additional salary, wages, compensatory time or any other benefit provided at that time or deferred until a later date.” 

The parties agree that the Controller will determine the application of this section in a particular circumstance. The Controller's determination shall be final and binding. The Controller will provide the reasons for his determination to the parties.

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III.E. HOLIDAYS AND HOLIDAY PAY

175. Except when normal operations require, or in an emergency, employees shall not be required to work on the following days hereby declared to be holidays for such employees: 

• January 1 (New Year's Day) 
• the third Monday in January (Martin Luther King, Jr.'s Birthday) 
• the third Monday in February (President's Day)
• the last Monday in May (Memorial Day) 
• July 4 (Independence Day) 
• June 19 (Juneteenth) 
• the first Monday in September (Labor Day)
• the second Monday in October (Indigenous Peoples Day, Italian American Heritage Day) 
• November 11 (Veteran's Day) 
• Thanksgiving Day 
• the day after Thanksgiving 
• December 25 (Christmas Day) 

176. In addition, any day declared to be a holiday by proclamation of the Mayor after such day has heretofore been declared a holiday by the Governor of the State of California or the President of the United States. 

177. Provided further, if January 1, July 4, June 19, November 11 or December 25 falls on a Sunday, the Monday following is a holiday. 

178. The City shall accommodate religious belief or observance of employees as required by law. 

179. Three (3) additional floating days off (pro-rated for eligible part-time employees) to be taken on days selected by the employee, subject to prior scheduling approval of the Sheriff. Employees (both full-time and part-time) establish initial eligibility for the floating days off upon appointment. Employees hired on an as-needed, intermittent or seasonal basis shall not receive the additional floating days off. Floating days off shall be carried forward from one fiscal year to the next. No compensation of any kind shall be earned or granted for floating days off not taken. 

1. Holiday Pay For Employees Who Separate. 

180. Employees who have established initial eligibility for floating days off and subsequently separate from City employment, may at the sole discretion of the appointing authority, be granted those floating day(s) off to which the separating employee was eligible and had not yet taken off. 

2. Holidays That Fall On A Saturday. 

181. For those employees assigned to a work week of Monday through Friday, and in the event a legal holiday falls on Saturday, the preceding Friday shall be observed as a holiday; provided, however, that except where the Governor declares that such preceding Friday shall be a legal holiday, each department head shall make provision for the staffing of public offices under their jurisdiction on such preceding Friday so that said public offices may serve the public as provided in Administrative Code Section 16.4. Those employees who work on a Friday which is observed as a holiday in lieu of a holiday falling on Saturday shall be allowed a day off in lieu thereof as scheduled by the Sheriff in the current fiscal year. The City shall provide one week's advance notice to employees scheduled to work on the observed holiday, except in cases of unforeseen operational needs. 

3. Holiday Compensation For Time Worked. 

182. Employees required to work on any of the above-specified holidays excepting Fridays observed as holidays in-lieu of holidays falling on Saturday, shall be paid extra compensation at time and one-half (1-1/2) the usual rate; provided, however, that at an employee's request and with the approval of the Sheriff, an employee may be granted compensatory time off in-lieu of paid overtime. 

183. Employees occupying positions which are exempt from the FLSA (executive, administrative and professional) shall not receive extra compensation for holiday work but may be granted time off. 

4. Holidays For Employees On Work Schedules Other Than Monday Through Friday. 

184. a. Employees assigned to seven (7) day-operation departments or employees working a five (5) day work week other than Monday through Friday shall be allowed another day off if a holiday falls on one of their regularly scheduled days off. 

185. b. Employees whose holidays are changed because of shift rotations shall be allowed another day off if a legal holiday falls on one of their days off. 

186. c. Employees required to work on a holiday which falls on a Saturday or Sunday shall receive holiday compensation for work on that day. Holiday compensation shall not then be additionally paid for work on the Friday preceding a Saturday holiday, nor on the Monday following a Sunday holiday. 

187. d. Subsections b. and c., above, shall apply to part-time employees on a pro-rata basis. If the provisions of this section deprive an employee of the same number of holidays that an employee receives who works Monday through Friday, he/she shall be granted additional days off to equal such number of holidays. The designation of such days off shall be by mutual agreement of the employee and the appropriate employer representative. Such days off must be taken within the current or next fiscal year. In no event shall the provisions of this section result in such employee receiving more or less holidays than an employee on a Monday through Friday work schedule. 

5. Holiday Pay For Employees Laid Off. 

188. An employee who is laid off at the close of business the day before a holiday who has worked not less than five (5) previous consecutive workdays shall be paid for the holiday at their normal rate of compensation. 

6. Employees Not Eligible For Holiday Compensation. 

189. Persons employed for holiday work only, or persons employed on a part-time work schedule which is less than twenty (20) hours in a bi-weekly pay period, or persons employed on an intermittent part-time work schedule (not regularly scheduled), or persons employed on asneeded, seasonal or project basis for less than six (6) months continuous service, or persons on leave without pay status immediately preceding or immediately following the legal holiday shall not receive holiday pay. 7. Part-Time Employees Eligible For Holidays. 190. Part-time employees who regularly work a minimum of twenty (20) hours in a bi-weekly pay period shall be entitled to holiday pay on a proportionate basis. 191. Regular full-time employees are entitled to 8/80 or 1/10 time off when a holiday falls in a bi-weekly pay period, therefore, part-time employees, as defined in the immediately preceding paragraph, shall receive a holiday based upon the ratio of 1/10 of the total hours regularly scheduled to work in a bi-weekly pay period. The computation of holiday time off shall be rounded to the nearest hour. 

192. The proportionate amount of holiday time off shall be taken in the current or next year in which the holiday falls. Holiday time off shall be taken at a time mutually agreeable to the employee and the appropriate employer representative. 

8. In-Lieu Holidays. 

193. a. In lieu holidays shall be carried over into the next fiscal year.

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III.F. SALARY STEP PLAN AND SALARY ADJUSTMENTS

194. Appointments to positions in the City and County service shall be at the entrance rate established for the position except as otherwise provided herein. Adjustments as outlined in this section shall take place on the first day of the pay period after the completion of the specified period. 

195. 1. Promotive Appointment in a Higher Class. An employee following completion of the probationary period or six (6) months of service, and who is appointed to a position in a higher classification, deemed to be promotive shall have their salary adjusted to that step in the promotive class as follows: 

196. a. If the employee is receiving a salary in their present classification equal to or above the entrance step of the promotive class, the employee's salary in the promotive class shall be adjusted two steps in the compensation schedule over the salary received in the lower class but not above the maximum of the salary range of the promotive classification. 

197. b. If the employee is receiving a salary in their present classification which is less than the entrance step of the salary range of the promotive classification, the employee shall receive a salary step in the promotive class which is closest to an adjustment of seven and one-half percent (7.5%) above the salary received in the class from which promoted. The proper step shall be determined in the bi-weekly compensation schedule and shall not be above the maximum of the salary range of the promotive class. 

198. For purpose of this Section, appointment of an employee as defined herein to a position in any class the salary schedule for which is higher than the salary schedule of the employee's class shall be deemed promotive. 

199. 2. Non-promotive Appointment. When an employee accepts a non-promotive appointment in a classification having the same salary schedule, or a lower salary schedule, the appointee shall enter the new position at that salary step which is the same as that received in the prior appointment, or if the salary steps do not match, then the salary step which is immediately in excess of that received in the prior appointment, provided that such salary shall not exceed the maximum of the salary schedule. 

200. 3. Appointment Above Entrance Rate. Subject to the Controller’s certification of available funds and procedures to be established by the Department of Human Resources, appointments may be made by the Sheriff at any step in the compensation schedule under any of the following conditions: 

201. a. A former permanent City employee, following resignation with service satisfactory, is being reappointed to a permanent position in their former classification. 

202. b. Loss of compensation would result if appointee accepts a position at the normal step. 

203. c. A severe, easily demonstrated and documented recruiting and retention problem exists. 

204. d. The appointee possesses special experience, qualifications, and/or skills that, in the opinion of the Sheriff, warrant appointment above the entrance rate. 

205. 4. Compensation Upon Reemployment. 

206. a. Reemployment in Same Classification Following Layoff. An employee who has acquired permanent status in a position and who is laid off because of lack of work or funds and is re-employed in the same class after such layoff shall be paid the salary step attained prior to layoff. 

207. b. Reemployment in an Intermediate Classification. An employee who has completed the probationary period in a promotive appointment that is two or more steps higher in an occupational series than the permanent position from which promoted and who is subsequently laid off and returned to a position in an intermediate ranking classification shall receive a salary based upon actual permanent service in the higher classification, unless such salary is less than the employee would have been entitled to if promoted directly to the intermediate classification. Further increments shall be based upon the increment anniversary date that would have applied in the higher classification. 

208. c. Reemployment in a Formerly Held Classification. An employee who has completed the probationary period in an entrance appointment who is laid off and is returned to a classification formerly held on a permanent basis shall receive a salary based upon the original appointment date in the classification to which the employee is returned. An employee who is returned to a classification not formerly held on a permanent basis shall receive a salary step in the salary schedule for the classification closest to, but not below, the prior salary amounts, provided that salary shall not exceed the maximum of the salary schedule.

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III.G. METHODS OF CALCULATION

209. 1. Bi-Weekly. An employee whose compensation is fixed on a bi-weekly basis shall be paid the bi-weekly salary for their position for work performed during the bi-weekly payroll period. There shall be no compensation for time not worked unless such time off is authorized time off with pay. 

210. 2. Per Diem or Hourly. An employee whose compensation is fixed on a per diem or hourly basis shall be paid the daily or hourly rate for work performed during the biweekly payroll period on a bi-weekly pay schedule. There shall be no compensation for time not worked unless such time off is authorized time off with pay. 

211. 3. Conversion of Annual Rate to Bi-Weekly Rate. When an annual rate of compensation is converted to bi-weekly rates for payroll purposes and the resulting amount involves a fraction of a cent, the converted bi-weekly rate shall be adjusted to eliminate such fraction of a cent on the following basis: 

212. a. A fraction of less than one-half (1/2) shall be dropped and the amount reduced to the next full cent. 

213. b. A fraction of one-half (1/2) or more shall be increased to the next full cent.

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III.H. SENIORITY INCREMENTS

Advancement Through Salary Steps 

1. Supervisory Ranks (8308/8508-8312/8512 Employees) 

214. a. All employees in classifications 8308/8508 through 8312/8512 shall be paid at the top step of their salary range. 

215. 2. Date Increment Due. Increments granted in accordance with this section become due and payable on the next day following completion of required service in the class, unless otherwise provided herein. 

216. 3. Exceptions. An employee shall not receive a salary adjustment based upon service as herein provided if they have been absent by reason of suspension or on any type of leave without pay (excluding a military leave) for more than one-sixth (1/6) of the required service in the anniversary period, provided that such employee shall receive a salary increment when the aggregate time worked since their previous increment equals or exceeds the service required for the increment, and such increment date shall be their new anniversary date; provided that time spent on approved military leave or in an appointive or promotive position shall be counted as actual service when calculating salary increment due dates.

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III.I. WORKERS' COMPENSATION & RETURN TO WORK

217. 1. Workers’ Compensation. An employee who is absent because of an occupational disability and who is receiving Temporary Disability, Vocational Rehabilitation Maintenance Allowance, State Disability Insurance, may request that the amount of disability indemnity payment be supplemented with salary to be charged against the employee’s accumulated unused sick leave with pay credit balance at the time of disability, compensatory time off, or vacation, so as to equal the normal salary the employee would have earned for the regular work schedule. Use of compensatory time requires the employee’s appointing officer’s approval. 

218. An employee who wishes not to supplement, or who wishes to supplement with compensatory time or vacation, must submit a written request to the appointing officer or designee within seven (7) calendar days following the first date of absence. Disability indemnity payments will be automatically supplemented with sick pay credits (if the employee has sick pay credits and is eligible to use them) to provide up to the employee’s normal salary unless the employee makes an alternative election as provided in this section. 

219. Employee supplementation of workers compensation payment to equal the full salary the employee would have earned for the regular work schedule in effect at the commencement of the workers compensation leave shall be drawn only from an employee’s paid leave credits including vacation, sick leave balance, or other paid leave as available. An employee returning from disability leave will accrue sick leave at the regular rate and not an accelerated rate. 

220. Salary may be paid on regular time-rolls and charged against the employee’s sick leave with pay, vacation, or compensatory time credit balance during any period prior to the determination of eligibility for disability indemnity payment without requiring a signed option by the employee. 

221. Sick leave with pay, vacation, or compensatory time credits shall be used to supplement disability indemnity pay at the minimum rate of one (1) hour units. 

222. The parties agree that this provision clarifies and supersedes any conflicting provision of the Civil Service Rules which are within the authority of the Board of Supervisors and subject to bargaining and arbitration pursuant to Charter Section A8.409 et seq. 

223. Entitlements afforded represented employees under Labor Code Section 4850 and Article II.D.4. of this Agreement shall not be affected by this provision. 

224. 2. Return-To-Work Programs: (1) all deputized duty assignments in the Sheriff's Department could require physical contact and require physical agility; (2) there are no light duty assignments; and, (3) deputies returning from disability or sick leave must be prepared and medically cleared to fully perform the full range of assigned duties. Exceptions: 

225. a. Upon written notice from an employee’s physician that in the physician’s professional opinion the employee will be able to return to full duty within one hundred eighty (180) calendar days, the Sheriff or Undersheriff may authorize the Personnel Manager to return the employee to specific duties that are within the employee’s abilities. 

226. b. In order to maintain Department operations, the Sheriff or Undersheriff may authorize the resumption of specific duties by management personnel who medically are not fully capable of performing all job duties.

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III.J. VACATION

227. Vacations will be administered pursuant to the Administrative Code, Article II, Sections 16.10 through 16.16. 

228. There shall be one (1) vacation slot allotted for every four (4) MSA members assigned to a specific watch/team at each facility/unit for vacation sign-up for that watch/team.

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III.K. HEALTH AND WELFARE

1. Employee Health Care. 

229. The level of the City's contribution to health benefits will be set in accordance with the requirements of Charter Sections 8.423 and 8.428. 

a. Health Coverage Effective January 1, 2014 Through December 31, 2014 1) Medically Single (Employee Only) 

230. Effective January 1, 2014 through December 31, 2014, for “medically single employees” (Employee Only) enrolled in any plan other than the highest cost plan, the City shall contribute ninety percent (90%) of the “medically single employee” (Employee Only) premium for the plan in which the employee is enrolled; provided, however, that the City’s premium contribution will not fall below the lesser of: (a) the “average contribution” as determined by the Health Service Board pursuant to Charter Sections A8.423 and A8.428(b)(2); or (b), if the premium is less than the “average contribution,” one hundred percent (100%) of the premium. 

231. For the period January 1, 2014 through December 31, 2014 only, for “medically single employees” (Employee Only) who elect to enroll in the highest cost plan, the City shall contribute ninety percent (90%) of the premium for the second highest cost plan, plus fifty percent (50%) of the difference between: (a) ninety percent (90%) of the premium for the second highest cost plan, and (b) one hundred percent (100%) of the premium for the highest cost plan. 

2) Dependent Health Care Pick-Up. (Employee Plus One; Employee Plus Two or More). 

232. Effective January 1, 2014 through December 31, 2014, the City will contribute up to 75% of the dependent rate charged by the City to employees for Kaiser coverage at the dependent plus two or more level. 

b. Health Coverage Effective January 1, 2015 233. 

Effective January 1, 2015, the contribution model for employee health insurance premiums will be based on the City’s contribution of a percentage of those premiums and the employee’s payment of the balance (Percentage-Based Contribution Model), as described below: 

1) Employee Only: 

234. For medically single employees (Employee Only) who enroll in any health plan offered through the Health Services System, the City shall contribute ninety-three percent (93%) of the total health insurance premium, provided however, that the City’s contribution shall be capped at ninety-three percent (93%) of the Employee Only premium of the second-highestcost plan. 

2) Employee Plus One: 

235. For employees with one dependent who elect to enroll in any health plan offered through the Health Services System, the City shall contribute ninety-three percent (93%) of the total health insurance premium, provided however, that the City’s contribution shall be capped at ninety-three percent (93%) of the Employee Plus One premium of the second-highest-cost plan. 

3) Employee Plus Two or More: 

236. For employees with two or more dependents who elect to enroll in any health plan offered through the Health Services System, the City shall contribute eighty-three percent (83%) of the total health insurance premium, provided however, that the City’s contribution shall be capped at eighty-three percent (83%) of the Employee Plus Two or More premium of the second-highest-cost plan. 

4) Contribution Cap 

237. In the event HSS eliminates access to the current highest cost plan for active employees, the City contribution under this agreement for the remaining two plans shall not be affected. 

5) Average Contribution Amount 

238. For purposes of this agreement, and any resulting agreements under paragraph 211, to ensure that all employees enrolled in health insurance through the City’s Health Services System (HSS) are making premium contributions under the Percentage-Based Contribution Model, and therefore have a stake in controlling the long term growth in health insurance costs, it is agreed that, to the extent the City’s health insurance premium contribution under the Percentage-Based Contribution Model is less than the “average contribution,” as established under Charter section A8.428(b), then, in addition to the City’s contribution, payments toward the balance of the health insurance premium under the Percentage-Based Contribution Model shall be deemed to apply to the annual “average contribution.” The parties intend that the City’s contribution toward employee health insurance premiums will not exceed the amount established under the Percentage-Based Contribution Model. 

c. Agreement Not to Renegotiate Contributions in 2014 

239. The terms described in paragraphs 205 through 210 above will be effective in calendar year 2015, and the parties agree not to seek to modify this agreement through the term of any MOU entered into prior to, or in the spring of, 2014. 

d. Other Terms Negotiable 

240. While the parties have agreed in paragraph 211 not to negotiate any changes to the Percentage-Based Contribution Model, the parties are free to make economic proposals to address any alleged impact of the health contribution levels described above or other health related issues not involving the percentage-based contribution model (e.g. wellness and transparency). 

e. Other Agreements 

241. Should the City and any recognized bargaining unit reach a voluntarily bargained agreement that results in City contributions to health insurance premiums exceeding those provided by the Percentage-Based Contribution Model, the City agrees to offer the entire alternate model to the Union as a substitute. 

2. Dental Coverage. 

242. The City agrees to maintain dental plan coverage at present levels for the term of this Agreement. Otherwise, effective January 1, 2013, employees who enroll in the Delta Dental PPO Plan shall pay the following premiums for the respective coverage levels: $5/month for employee-only, $10/month for employee + 1 dependent, or $15/month for employee + 2 or more dependents. 

3. Contributions While On Unpaid Leave. 

243. As set forth in Administrative Code section 16.701(b), covered employees who are not in active service for more than twelve (12) weeks, shall be required to pay the Health Service System for the full premium cost of membership in the Health Service System, unless the employee shall be on sick leave, workers' compensation, mandatory administrative leave, approved personal leave following family care leave, disciplinary suspensions or on a layoff holdover list where the employee verifies they have no alternative coverage.

4. Pilot Fitness Incentive Testing (FIT) Program 

244. The Department and the Union will form a joint Fitness Committee to establish and oversee the San Francisco Sheriff’s Department MSA Pilot Fitness Incentive Testing (FIT) Program, which shall be available to all employees covered under this MOU. The FIT Program shall remain in effect for the term of this MOU. 

245. The FIT Program will consist of a fitness test which employees may participate in twice a year. Employees may earn up to 20 FIT hours for each testing period, not to exceed 40 FIT hours per year. FIT hours can only be earned through participation in the San Francisco Sheriff’s Department MSA FIT Program. FIT hours can be used for personal time off, provided however that the Department can deny individual use of FIT hours if such use will negatively impact operations, including but not limited to whether such use will cause the Department to incur overtime. However, the Department will make its best effort to allow employees to use their FIT hours. FIT hours must be used within one year of the date received. 

246. The City will provide $4,069.66 per fiscal year for operating costs of the program. These funds will be used exclusively for the purpose of educating members, training facilitators and promoting the FIT program. Any funds not used in a year may not be carried over to the next year. The Department shall provide up to 100 hours of release time per fiscal year for the FIT Program facilitators to use for continuing education, and development and promotion of the FIT Program.

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III.L. RETIREMENT

247. For the duration of this agreement, employees who are members of SFERS shall pay their own retirement contributions in an amount as required by the San Francisco Charter. 

248. Employee payment of employee contribution to CalPERS For the duration of this agreement, members of the bargaining unit who are members of CalPERS shall pay the employee share of mandatory retirement contributions, effectuated via a pre-tax reduction in salary. These mandatory retirement contributions: 

(i) will be paid by the City to CalPERS, effectuated via a pre-tax reduction in salary pursuant to Internal Revenue Code Section 414(h)(2); 

(ii) will not be included in the gross income of the bargaining unit members for certain tax reporting purposes, that is, for federal, state, or local income tax withholding, unless and until distributed either though a pension benefit or a lump sum payment; 

(iii) will be considered as part of the bargaining unit member’s compensation for the purpose of computing straight-time earning, compensation for overtime worked, premium pay, and retirement benefits, and shall be taken into account in determining the level of any other benefit which is a function of, or a percentage of, salary; and 

(iv) the affected bargaining unit members shall not be entitled to receive any of the contributions described above directly instead of having them paid to CalPERS. 

249. Any City pickup of an employee’s mandatory retirement contribution shall not be considered as a part of an employee's compensation for the purpose of computing straight-time earnings, compensation for overtime worked, premium pay, or retirement benefits; nor shall such contributions be taken into account in determining the level of any other benefit which is a function of our percentage of salary. The City reserves the right to take said contributions into account for the purpose of salary comparisons with other employers. 

250. Military Buy-Back Option. Subject to meeting the PERS requirements for military buyback, and in compliance with the City Charter, the parties agree that employees may buyback up to four (4) years of active duty Federal Armed Services time under the following terms and conditions: (a) the employee shall pay the full employee share and the full employer share (expected to rise over the next few years) for the time they bought back based on a rate of compensation to be determined by PERS; in addition, (b) the employee shall pay interest on the contribution as determined by PERS. 

251. 1. Prop. C Employee Cost-Sharing: 

A. The parties recognize the requirement under Charter Section A8.590-9 to negotiate cost-sharing provisions that produce comparable savings and costs to the City and County as are produced through the Charter's SFERS employee contribution rate adjustment formulae. The parties intend this Section to effectuate the cost sharing provisions of San Francisco Charter Section A8.590-9. The parties further acknowledge that: (i) the annual SFERS employer contribution rate is determined by the SFERS actuary and approved by the SFERS Board for each fiscal year; and (ii) the annual employer contribution rate for SFERS for FY 2012-13 is 20.71%. 

B. The parties agree that, when the applicable SFERS annual employer contribution rate is more than 12.00%, bargaining unit members in CalPERS shall make the mandatory payment described in paragraph 226 plus an additional mandatory contribution to effectuate San Francisco Charter SectionA8.590-9 (the "Prop. C Contribution"). The Prop. C Contribution is determined, as set forth in the chart below, based on the employee contribution rate which corresponds to the SFERS annual employer contribution rate for that fiscal year. For example, for FY 2012- 2013, based on the employer contribution rate of 20.71%, the Prop. C. Contribution will be 3.5% of covered compensation for bargaining unit members in CalPERS. 

252. C. The Prop. C Contribution: 

(i) will be paid by the City to CalPERS, effectuated via a pre-tax reduction in salary pursuant to Internal Revenue Code Section 414(h)(2); 

(ii) will not be included in the gross income of the bargaining unit members for certain tax reporting purposes, that is, for federal, state, or local income tax withholding, unless and until distributed either though a pension benefit or a lump sum payment; 

(iii) will be included in the gross income of the bargaining unit members for FICA taxes when they are made; (iv) will be reported to CalPERS as City contributions to be applied against the City's CalPERS reserve, and will not be applied to the bargaining unit member's individual CalPERS accounts; 

(v) will be included in the bargaining unit member's compensation as reported to CalPERS and the affected bargaining unit members shall not be entitled to receive any of the contributions described above directly instead of having them paid by the City to CalPERS; and 

(vi) will be considered as part of the bargaining unit member's compensation for the purpose of computing straight-time earnings, compensation for overtime worked, premium pay, and retirement benefits, and shall be taken into account in determining the level of any other benefit which is a function of, or a percentage of salary. 

D. In the event that the Prop. C Contribution is zero, i.e. the annual SFERS employer contribution rate is between 11-12%, section C above will not apply. In the event that the Prop. C Contribution is a negative number, i.e. the annual SFERS employer contribution rate is less than 11%, Section C above will not apply and the Prop. C Contribution will be treated as a City pick up of the bargaining unit members' mandatory CalPERS retirement contribution under paragraph 226 to the extent of the Prop. C Contribution. Notwithstanding the above paragraphs, in the event that a change in state law causes the implementation, during the term of this Agreement, of an increase to the employee contribution to CalPERS for employees covered by this Agreement, either party may elect to reopen this Agreement to address the impact of the change in state law. This reopener shall be subject to the impasse resolution procedures and criteria set for in Charter section A8.590-5, as applicable. 

Retirement Seminar Release Time

253. Subject to development, availability and scheduling by SFERS and PERS, employees shall be allowed not more than one day during the life of this MOU to attend a pre-retirement planning seminar sponsored by SFERS or PERS. 

254. Employees must provide at least two-weeks advance notice of their desire to attend a retirement planning seminar to the appropriate supervisor. An employee shall be released from work to attend the seminar unless staffing requirements or other Department exigencies require the employee's attendance at work on the day or days such seminar is scheduled. Release time shall not be unreasonably withheld. 

255. This section shall not be subject to the grievance procedure.

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III.M. LEAVES OF ABSENCE

256. Those portions of the current Civil Service Commission Rules applicable to Leaves that are negotiable and arbitrable pursuant to Charter Sections A8.409 et seq., may not be changed during the term of this Agreement except by mutual consent. Those matters within the jurisdiction of the Civil Service Commission are not subject to grievance or arbitration.

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III.N. USE OF SICK LEAVE WITH PAY CREDITS TO SUPPLEMENT STATE DISABILITY INSURANCE

257. Sick leave with pay credits shall be used to supplement State Disability Insurance (SDI) at the minimum rate in units of one tenth (0.1) hour. 

258. SDI payments to an employee who qualifies and who has accumulated and is eligible to use sick leave with pay credits shall be supplemented with sick leave with pay credits so that the total of SDI and sick leave with pay calculated in units of one/tenth (0.1) hour provides up to, but does not exceed, the regular net salary the employee would have received for the normal work schedule excluding overtime. 

259. An employee who wishes not to supplement, or who wishes to supplement with compensatory time or vacation, must submit a written request on the prescribed form to the appointing officer or designee within seven (7) calendar days following the first date of absence. 

260. An employee who supplements SDI, shall earn sick leave with pay credits at the normal rate only for those hours of sick leave pay credits used.

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III.O. CHAPTER 12W PAID SICK LEAVE ORDINANCE

261. San Francisco Administrative Code, Chapter 12W, Paid Sick Leave Ordinance, is expressly waived in its entirety with respect to employees covered by this Agreement.

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III.P. VOLUNTEER / PARENTAL RELEASE TIME

262. Represented employees shall be granted paid release time to attend parent teacher conferences of four (4) hours per fiscal year (for children in kindergarten or grades 1 to 12). 

263. In addition, an employee who is a parent or who has child rearing responsibilities (including domestic partners but excluding paid child care workers) of one or more children in kindergarten or grades 1 to 12 shall be granted unpaid release time of up to forty (40) hours each fiscal year, not exceeding eight (8) hours in any calendar month of the fiscal year, to participate in the activities of the school of any child of the employee, providing the employee, prior to taking the time off, gives reasonable notice of the planned absence. Subject to minimum staffing requirements, an employee may use vacation, floating holiday hours, or compensatory time off during the planned absence.

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III.Q. FLEX TIME

264. A bargaining unit employee may request to flex up to one (1) hour of their start work and/or end time. Said request will be made at least twenty-four (24) hours prior to the date the employee requests to flex their schedule. Said employee’s immediate supervisor may agree to adjust up to one (1) hour of employee’s start and/or end time of the employee’s shift on a particular day so long as it does not result in any negative impact to Department operations or personnel. This paragraph is not subject to the grievance procedure. 265. The Department may not unilaterally alter an employee’s start and/or end time (shift) without fourteen (14) calendar days’ notice to the employee.

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III.R. PAYROLL PROCEDURES

266. Recovery of Overpayment

267. Should recovery of overpayment of salary or wages be necessary, the Controller's PPSD will make every attempt to minimize the hardship for the employee. 

268. The schedule of recovery of any overpayment shall be made by mutual agreement between the City and the employee. In the absence of a mutual agreement, the City may recover no more than 20% of the total amount in any one biweekly payment. 

269. In correcting all employee underpayment or nonpayment problems, the following timelines will be used to correct the most significant problems first: 

270. 1. No Payment on Pay Day for the Pay Period. Highest priority, full payment to be issued as quickly as possible, within four (4) hours if PPSD or departmental payroll division is notified before noon on payday or before noon on any subsequent day. If PPSD or departmental payroll division is notified after noon but before 4 p.m., the payment will be issued no later than noon on the following day. 

271. 2. Payment on Pay Day is 10% or More Short of Total Due for Pay Period. Second priority, correcting payment to be issued as quickly as possible, but no later than three (3) working days of report to payroll. 

272. 3. Payment on Pay Day is Less than 10% Short of Total Due for Pay Period. Third priority, correcting payment to be issued as quickly as possible, with a goal of within ten (10) working days of report to payroll.

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III.S. HOSPITAL AND SKILLED NURSING FACILTIY COVID-19 WORKER RETENTION PAY

273. In accordance with Senate Bill 184 signed into law by the Governor on June 30, 2022, adding Part 4.6 of Division 2 of the California Labor Code, the City of San Francisco will provide a one-time worker retention payment as described in paragraphs 272 and 273 below, funded by the State of California and consistent with the terms and conditions set forth in the California Labor Code sections 1490, et seq. 

274. Eligible part-time employees, as defined by California Labor Code section 1491 (f), assigned to work onsite at locations within the SF Health Network (which includes Zuckerberg San Francisco General Hospital and Laguna Honda Hospital and all Ambulatory Care Clinics, Behavioral Health Clinics, Population Health Clinics, County Jail Sites, and Population Health community outreach programs) who worked at least one hundred (100) hours and no more than three hundred ninety-nine (399) hours between July 30, 2022, through October 28, 2022, shall receive a one-time worker retention payment of up to seven hundred fifty ($750) dollars contingent on and at such time as the California Department of Department of Health Care Services issues payments pursuant to Senate Bill 184. 

275. Eligible full-time employees, as defined by California Labor Code section 1491(e), assigned to work onsite at locations within the SF Health Network (which includes Zuckerberg San Francisco General Hospital and Laguna Honda Hospital and all Ambulatory Care Clinics, Behavioral Health Clinics, Population Health Clinics, County Jail Sites, and Population Health community outreach programs) who worked at least four hundred (400) hours between July 30, 2022 through October 28, 2022, shall receive a one-time worker retention payment of up to one thousand ($1000) dollars contingent on and at such time as the California Department of Department of Health Care Services issues payments pursuant to Senate Bill 184. 

276. Hospital and skilled nursing facility retention pay shall not be considered compensation for the purpose of computing retirement benefits. 

277. This section is not subject to the grievance and arbitration procedure of this Agreement. However, in the event of a dispute, the employee or labor organization can file an appeal as described in Section 1493 of SB 184. 

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ARTICLE IV - WORKING CONDITIONS

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IV.A. UNIFORMS AND EQUIPMENT

278. 1. Uniform Allowance. The City agrees to forty-six dollars and eighty cents ($46.80) per pay period for the purchase and maintenance of uniforms.

 279. Unit employees at Jails #1, #2, #3, #4, #5, and #6 (at designated posts) and all unit employees at the San Francisco General Hospital assigned to jail wards on the 1st and 3rd watches, may at their option wear class "C" uniforms. 

280. 2. Personal Protective Equipment. The Department will make available for common use reasonable forms of personal protective equipment at each facility. Such equipment will be replaced on or before expiration. 

281. 3. Bulletproof Vests. The City agrees to refurbish, repair or replace bulletproof vests for each represented employee, as appropriate and in accordance with manufacturer’s specifications. All bulletproof vests provided to employees remain the property of the City and must be returned to the City when an employee is issued a replacement vest. 

282. 4. Ammunition. The City will provide an adequate amount of ammunition per month as determined by the Sheriff, for each member of the bargaining unit to practice in order to qualify.

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IV.B. AWARDS CEREMONIES

283. The Sheriff has the authority to honor bargaining unit members with formal awards for outstanding service, above and beyond the call of duty. Such awards shall include, but are not limited to, Medals of Valor, Certificates of Merit, and Sheriff Commendations. Such awards shall be presented at an awards ceremony. The cost of any such ceremonies shall not exceed $2,000 per fiscal year. 

284. If the Department does not expend the full amount of award ceremony funding in any given fiscal year, any remaining funds will rollover into the Tuition Reimbursement Fund for the following fiscal year. The amount of funding spent on an award ceremony will be determined on a pro rata basis (e.g., if an award ceremony costs $2,000 and honors 5 MSA members and 5 non-MSA members, it will have an impact of $1,000 for purposes of this provision). This rollover provision will sunset on June 30, 2022.

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IV.C. MEET AND CONFER SUBJECTS

285. Commencing in July 2012, the Union and the department shall negotiate separately in good faith regarding each issue (A) through (F) below. These negotiations shall be subject to the terms of Charter Section A8.590-5, except that for purposes of this agreement only, (i) the date “January 20” in A8.590-5(b) shall be changed to “October 20, 2012,” (ii) Arbitrator Matthew Goldberg, if then available, will serve as the third member of the Arbitration Board, and (iii) the Arbitration Board, if necessary, shall issue a decision on or before May 1, 2013. 

286. A. The number of PTO slots (for vacation time, in lieu or floating holidays, or compensatory time) that will be made available to bargaining unit members. 

287. B. How to incorporate “briefing time” at the beginning of each shift, subject to the operational needs of the Department. 

288. C. Whether to adopt a Pilot Physical Fitness/Wellness Incentive Program. 

289. D. Whether to participate in the Pilot San Francisco Housing program covering employees of the San Francisco Police and Fire Departments, subject to approval of the Board of Supervisors. 

290. E. Clarification of the overtime available to bargaining unit members (i.e. overtime on non-supervisory posts, tasks, or assignments to which bargaining unit members are routinely assigned). 

291. F. Whether to eliminate the intermediate POST premium prospectively and replace it with a Supervisory/Management POST premium for employees with a Bachelor’s degree, on a cost neutral basis.

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IV.D. EMPLOYEE SUPERVISORY AND/OR MANAGEMENT TRAINING

292. Effective July 1, 2014, managerial employees in classifications 8310/8510 Sheriff’s Lieutenant and 8312/8512 Sheriff’s Captain will be provided twenty (20) hours of supervisory and/or management training annually, which may include in-house training, conferences and seminars. 

293. Effective July 1, 2014, supervisory employees in classification 8308/8508 Sheriff’s Sergeants will be provided eight (8) hours of training annually, which may include in-house training, conferences and seminars. 294. Peace Officers Standards and Training (“POST”) and/or Standards for Training in Corrections (“STC”) funding may be used to provide the above-referenced supervisory and/or management training.

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IV.E. PEER SUPPORT

295. For the term of this Agreement, the City will budget Three Thousand Five Hundred dollars ($3,500) in each year of this Agreement for the peer support-related education, training and development of bargaining unit employees who are members of the San Francisco Sheriff’s Department Peer Support Unit. 

296. If the Department expends less than $3,500 for Peer support-related education, training and development of bargaining unit employees in a fiscal year, any remaining funds will rollover into the Tuition Reimbursement Fund for the following fiscal year. This rollover provision will sunset on June 30, 2022.

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IV.F. PAPERLESS PAY POLICY

297. The Citywide “Paperless Pay” Policy applies to all employees covered under this agreement. 

298. Under the policy, all employees shall be able to access their pay advices electronically on a password protected site, and print them in a confidential manner, using City Internet, computers and printers. Such use of City equipment shall be free of charge to employees, is expressly authorized under this section of the Agreement, and shall not be considered “inappropriate use” under any City policy. Pay advices shall also be available to employees on a password protected site that is accessible from home or other non-worksite computers, and that allows the employees to print the pay advices. Employees shall receive assistance to print hard copies of their pay advices through their payroll offices upon request, on a onetime or ongoing basis. 

299. In addition to payroll information already provided, the pay advices shall reflect usage and balance (broken out for vacation, sick leave, etc.) the employee’s hours of compensatory time, overtime, and premiums earned during the relevant payroll period. The City shall maintain electronic pay advices and/or wage statements for at least seven (7) years. 

300. Under the policy, all employees have two options for receiving pay: direct deposit or bank pay card. Employees not signing up for either option will be defaulted into bank pay cards. 

301. Every employee shall possess the right to do the following with any frequency and without incurring any cost to the employee: 

302. 1. Change the account into which the direct deposit is made; 

303. 2. Switch from the direct deposit option to the bank pay card option, or vice versa; 

304. 3. Obtain a new bank pay card the first time the employee’s bank pay card is lost, stolen or misplaced; 

305. The City assures that the bank pay card shall be FDIC insured. The City further assures that in the event of an alleged overpayment by the City to the employee, the City shall not unilaterally reverse a payment to the direct deposit account or bank pay card. 

306. The City will work with the vendor to evaluate options to provide no-cost ATMs available at large worksites and remote worksites.

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IV.G. EMPLOYEE TUITION REIMBURSEMENT PROGRAM

307. The City will contribute $5,000 annually to an “Employee Tuition Reimbursement Program” to provide reimbursement for the Employee Tuition Reimbursement benefit in this section. Use of these funds are subject to the restrictions of applicable law, including Administrative Code Chapter 12X. This amount will be augmented by any “rollover” amounts from the Peer Support and Award Ceremony funding. Unused annual Employee Tuition Reimbursement funds (including any funds from Peer Support or Award Ceremony) will not roll over. Reimbursement is subject to the following conditions and limitations: 

308. 1. Eligible Expenses. The subject matter of the course relates to the employee’s work with the City and is designed to improve the employee’s job performance. Required textbooks are eligible. 

309. 2. The course is completed with a grade better than C- or with a certificate of completion. If the course is “pass-fail”, then the member must “pass” the course. 

310. Allowance. Members may submit requests for benefits/reimbursement under this section up to a maximum of $500 per fiscal year. 

311. Reimbursement shall not be provided for costs incurred for graduation fees, deferred tuition payment fees, student body fees, binders, note papers, exam blue books, parking fees, or miscellaneous supplies, computer hardware or software, or battery operated or electric calculators. 

312. Approval and Timing. Human Resources Department authorization must be obtained prior to incurring any otherwise reimbursable expenses, approval will not be unreasonably denied. An employee may submit a pre-approval request for an expense incurred in the current fiscal year or prior fiscal year. An employee cannot submit a request for an expense in a future fiscal year event. Reimbursements will not be paid until the employee provides proof of payment and proof of satisfactory completion. If an employee provides notice of resignation, the employee must submit the expense report and receive all online approvals before separating from the City. *This reimbursement program is not to be used for mandatory classes for assignment and/or position.

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IV.H. VACANCIES

313. The Sheriff will provide MSA: 

314. 1. Quarterly a list of vacant bargaining unit positions per classification and per location.

315. 2. Monthly a list of all employees who have received acting assignment pay and/or more than 15 days of acting watch commander pay. 

316. The Association will be provided all correspondence and information sent to and received from the California occupational Safety and Health Administration (OSHA). It is understood that the Department may redact individual identifying information.

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IV.I. SAFETY

317. The City acknowledges its responsibility to provide a safe and healthful work environment for Department employees. The City agrees to investigate and give consideration to departmental and Department Safety Committee recommendations to improve the working environment for represented employees. The City agrees to maintain safety standards for represented employees in compliance with federal, state, and local guidelines. 

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ARTICLE V - SCOPE

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V.A. SAVINGS CLAUSE

318. Any provision of this Agreement shall be held invalid by operation of the law or by any court of competent jurisdiction or if compliance with enforcement of any provision shall be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby. Upon such occurrence, and upon the request of either party, the parties agree to meet and confer regarding the affected provision.

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V.B. AMENDMENT OR MODIFICATION

319. This Agreement may be amended or modified, but only in writing, upon the mutual consent of the parties.

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V.C. ZIPPER CLAUSE

320. The parties agree that the current Memorandum of Understanding shall continue in full force and effect for its stated term, and that any successor Departmental Memorandum of Understanding negotiated during the term of this Agreement will be negotiated as provided in Section A8.590-5 of the Charter. 

321. Except as may be amended through the procedure provided in Article V.B. above, this Agreement sets forth the full and entire understanding of the parties regarding the matters herein.

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V.D. DURATION OF AGREEMENT

322. This Agreement shall be effective July 1, 2024, and shall remain in full force and effect through June 30, 2027.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 14th day of May, 2024.

FOR THE CITY

• Carol Isen, Human Resources Director
  Date: 5/14/24
• Ardis Graham, Employee Relations Director
  Date: 5/14/24

FOR THE ASSOCIATION

• Esmeralda Rodriguez, President

APPROVED AS TO FORM DAVID CHIU, CITY ATTORNEY

• Jonathan Rolnick, Chief Labor Attorney
  Date: 5/14/24

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APPENDIX A

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SHERIFF’S DEPARTMENT POLICY

VIII. TRAINING COMMITTEE

The Sheriff has sanctioned, recognized and agreed to a joint Department/DSA/MSA Training Committee. The joint Training Committee shall consist of two representatives designated by the DSA, two representatives designated by MSA, and two or more persons designated by the Sheriff. The primary purpose of the Training Committee is to assist in identifying specific training needs and suggesting solutions to meet those needs.

IX. ENTRY AND PROMOTIONAL QUALIFICATIONS

The Sheriff’s Department and the Sheriff’s Managers and Supervisors Association (MSA) shall meet and confer on the Department’s recommendations to the Civil Service Commission regarding recommended minimum qualifications for Classes 8308, Sergeant; 8310, Lieutenant; 8312 Captain. It shall be the responsibility of the MSA to initiate a meet and confer session by notification in writing to the Undersheriff on a readiness to proceed and a proposed date and time for the meeting. The Sheriff’s Department agrees to promptly notify the MSA when it begins discussions with the Civil Service Commission on examination eligibility for employees governed by this Contract.

X. DISCIPLINE

A. No permanent, non-probationary employee shall be disciplined, or subject to punitive action, except for just cause (including progressive discipline as appropriate) as set forth in the Charter, Civil Service Rules and Regulations, and Rules and Regulations of the Sheriff’s Department incorporated herein by reference, and unless afforded proper due process. As used herein "discipline" shall be defined as written reprimands, temporary reductions in pay, suspensions, disciplinary demotions or discharges. 

B. In lieu of an unpaid suspension, the City, the Union, and the affected employee may agree to a temporary reduction in pay, reducing the employee’s pay by 5%. The duration of such pay reduction shall correspond to the length of the suspension that would have otherwise been served. 

C. No discipline or punitive action may be imposed on a member of the bargaining unit by anyone below the rank of Assistant Sheriff. 

D. The Department agrees that, if it intends to discipline or take punitive action against an employee, the Department will notify the employee in writing as speedily as proper investigation will permit or within ten (10) days after completion of investigation or date of knowledge (whichever occurs later) of the occurrence of the intent to impose by a supervisor, discipline or punitive action. A copy of the notice will be sent to the MSA. 

E. The Administrative Appeals Board shall consist of three (3) members. One member shall be selected by the Sheriff and shall serve at the Sheriff’s pleasure. One member shall be selected by the Executive Board of the Union and shall serve at its pleasure. One member shall be selected by mutual agreement by a representative of the Sheriff and a representative of the Executive Board of the Union and serve for a period of one year, or until a resignation is tendered to both the Sheriff and the Executive Board of the Union, or until incapacitated and/or is unable to perform the duties of a member of the Administrative Appeals Board, at which time, a new selection will be made by the same method. 

F. Should the Sheriff’s representative and the Executive Board’s representative be unable to mutually agree upon the selection of the third Board member, the third Board member shall be selected from a (odd-numbered) list of neutrals provided by the State Mediation and Conciliation Service, or by mutual agreement from some other source. The method of selection shall be that each representative shall alternate in striking a name from the list. The last name remaining shall be the third member selection. The choice of which representative shall strike first shall be determined by a coin flip. 

G. The fee for the third member shall be shared equally by the Department and the Union. The Sheriff’s and Union appointees, if members of the Department, shall be compensated by the Sheriff’s Department at their regular pay rates and released from duty. Cost incurred by the presence of a court reporter, as well as preparation costs of any transcript of the proceedings, shall be equally shared by the Sheriff’s Department and the Union. 

H. The Administrative Appeals Board shall hear all testimony, examine all evidence, documents, exhibits, reports, and witnesses deemed relevant to the matters appealed. Witnesses, if Department employees on duty, shall be on paid release time. 

I. The Administrative Appeals Board shall render its decision by a majority vote. The Chairperson of the Board shall issue a written decision within ten (10) days after the conclusion of any hearing unless that time period is mutually extended by the parties. The Administrative Appeals Board shall not have the power to change, modify, or amend any provision of the contract. 

J. Up to two (2) representatives of the Union and up to two (2) representatives of the Sheriff’s Department have the right to be present at Appeal Board hearings. These representatives shall be compensated by the Union and the Sheriff’s Department respectively. In addition, the employee appealing discipline or punitive action shall have the right to be present at all times during their Appeal Board hearing and shall be compensated by the Sheriff’s Department on paid release time. In all discipline or punitive action appeals, the Department shall have the burden of proof. 

K. Appeal Board hearings shall be held within sixty (60) calendar days after receipt of demand unless such hearings are continued through mutual consent or request of the Union. A transcript of the proceedings will be made at the request of either party. 

L. All parties shall cooperate in producing witnesses and documents under their control relevant to appeals at the request of the neutral third Appeals Board member. The majority decision of the Appeals Board shall be binding on the parties unless the decision of the Appeals Board is a recommendation of a reduction in discipline. 

Note: None of these procedures applies to terminations of probationary or provisional employees.

XI. REPRESENTATION

A. The address of service of any and all notices to the Association shall be: 

San Francisco Sheriffs Managers and Supervisors Association 
PO Box 410089 
San Francisco, CA 94103 

B. The Union and its agent shall receive a roster, at the Union’s request, showing all unit employees by name, rank, work location, shift, employees on leave (including type of leave and expected return date), and any and all changes thereto. 

C. Any authorized representative of the Union shall have the right to contact individual unit employees in county facilities during, before, or after business hours on matters within the scope of representation without disrupting operations. 

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APPENDIX B

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MINIMUM STAFFING LEVELS FOR COUNTY JAILS AND COURTS

 

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APPENDIX C

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Sheriff's Department Policy - Work Rules

XII. Adverse Material 

A. The Department may under its own rules, remove adverse material when petitioned. The Department shall, upon request of a bargaining unit employee, remove adverse material from the employee's personnel file(s) of counseling or reprimand which is one (1) year old or older at the time of the request for re moval if the unit employee has had discipline free record for the proceeding one (1) year. 

Upon request of a bargaining unit employee, records of suspensions of five (5) or less days which are two (2) years old shall be removed from consideration for transfers and reassignments if the employee has a discipline free record for the preceding two (2) years. 

Upon request of a bargaining unit employee, records of suspensions of between six (6) and ten (10) days which are three (3) years old shall be removed from consideration for transfers and reassignments if the employee has had a discipline free record for the preceding three (3) years. 

Upon request of a bargaining unit employee, records of suspensions of more than ten (10) days which are four (4)years old shall be removed from consideration for transfers and reassignments if the employee has had a discipline free record for the proceeding four (4) years.

XIII. Personal Effects Reimbursement

A. The Department will replace any uniform or safety equipment item damaged or lost in the line of duty and not caused by negligence. The Department will also recommend ·approval of claims filed with the City for personal effects lost or damaged in the line of duty and not caused by negligence, as determined by the line of duty, and not caused by negligence, as determined by the Department, if worn in accordance with current dress code.

XIV. Seniority - Days Off and Watch Assignments

A. Days off (RDOs) shall be determined by rank in seniority bidding among the bargaining unit employees on the watch at the facility / section / unit when an opening occurs unless the assignment of the most senior employee would adversely affect experience, ability, sex or ethnic balance or other demonstrated Department reason. 

Bargaining unit employees shall be afforded the opportunity to select their RDOs semiannually. The RDO sign-ups shall be completed by March 1 and September 1 of each calendar year. RDO realignment shall commence the first day of the second full pay period after the above dates.

XV. Staffing Reports

The Union and its agent shall receive a monthly staffing report, showing all unit employees by name, rank, work location, shift, employees on leave (including type of leave and expected return date) and any and all changes thereto, as distributed by the Personnel Unit.

XVI. Health and Safety

The Department will notify a designated representative of the Association of documented employee complaints or investigative findings of serious or ongoing safety or health violations within three (3) business days from the date that the Administrative Captain or designee receives written notice of such complaints and findings, except to the extent such notice is prohibited by federal, state and local law. The Association shall have the right to appoint a representative to the Department Safety Committee established in Section 3.7 of the Illness & Injury Prevention Program.

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APPENDIX D

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LABOR MANAGEMENT COMMITTEE

During the term of the 2022-2024 contract, Labor Management Committee meetings shall resume to discuss the topics of retention and staffing. 

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SIDE LETTER

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RE: TENTATIVE AGREEMENT

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SIDE LETTER AGREEMENT

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RE: MEET AND CONFER ON GRIEVANCE PROCEDURE

Upon written request of the Union, no later than February 15, 2023, the Union and the City shall begin meeting and conferring no later than April 1, 2023, to review the grievance procedure. 

A. Should the parties fail to reach agreement, upon the request of either party, the parties shall submit any issues remaining in dispute to a mediation/arbitration board convened in accordance with the procedures set forth in City Charter section A8.590-5, except that with respect to A8-590-5(b), the parties shall select and appoint board members, including the neutral chairperson, not later than June 1, 2023. 

B. The parties may extend the above deadlines by mutual written agreement.

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