Municipal Executives' Association, Police (July 1, 2023 to June 30, 2026)

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Article 1: Representation

1. This Agreement is entered into by the City and County of San Francisco (hereinafter "City") and the Municipal Executives Association (hereinafter "Association").  It is agreed that the delivery of municipal 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. 

2. It is the intent of the parties that the provisions of this Agreement shall become binding upon adoption or acceptance by the City and ratification by the covered members, or upon a final decision rendered by an arbitration panel pursuant to the interest arbitration procedure under Charter Section A8.590-1, et seq.

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I.A. Recognition

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

P-3-0    0390 Chief of Police
               0395 Assistant Chief of Police
               0400 Deputy Chief
               0401 Deputy Chief 2
               0402 Deputy Chief 3
               0488 Commander, Police Department
               0489 Commander II
               0490 Commander III

4. Recognition shall only be extended to individual jobcodes (ranks) accreted to existing bargaining units covered by this Agreement.  Application of this provision shall not extend to bargaining units acquired through affiliations or service agreements.  Upon request of the Association the City will meet and confer concerning proposed changes to bargaining units.

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I.B. No Strike Provision

5. During the term of this Agreement the City will not lock out the employees who are covered by this Agreement.  This 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.C. Management Rights

6. 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.

7. 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. 

8. However, the exercise of such rights does not preclude employees from utilizing the grievance procedure to process grievances regarding the practical consequences of any such actions on wages, hours, benefits or other terms and conditions of employment whenever memoranda of understanding providing a grievance procedure are in full force and effect.

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I.D. Grievance Procedures

9. 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.

10. A grievance is any dispute that involves the interpretation or application of a specific provision of this Agreement. Grievances may be filed only by the Association. In the event that an employee or a group of employees elect(s) to file a complaint with any governmental agency or court alleging a factual basis which is also the basis of a grievance, the Association agrees that any grievance filed on behalf of the employee(s) will be held in abeyance pending the employee’s election of remedies.  If an employee or group of employees elects another remedy the grievance shall be deemed withdrawn.

11. A grievance must include the following:

1. The basis and date of the grievance as known at the time of submission;
2. The section(s) of the Agreement allegedly violated;
3. The remedy or solution sought.

12. If the grievance does not contain the information described in (a) – (c), the City may request such information, at any step in the process, and defer processing until the information is provided. If the Association does not provide the information within 30 calendar days of request, the grievance, or the portion to which the requested information is not supplied, is deemed withdrawn.

Time Limits

13. The parties have agreed upon this grievance procedure to ensure the swift resolution of all grievances. It is critical to the process that each step is followed within applicable timelines. No steps of the grievance procedure may be skipped without mutual agreement.

14. For purposes of this grievance procedure, a “day” is defined as a “business day,” unless expressly stated as a calendar day.  A business day is Monday through Friday, 8am to 5pm, excluding legal holidays.

Steps of the Procedure

15. Except for grievances involving multiple employees or the Chief of Police, all grievances must be initiated at Step 1 of the grievance procedure.

16. A grievance affecting more than one employee shall be filed with the Chief of Police. A grievance initiated on behalf of the Chief of Police shall be filed with the Employee Relations Director. In the event the City disagrees with the level at which the grievance is filed it may submit the matter to the Step it believes is appropriate for consideration of the dispute.

17 Step 1: The Association shall submit the grievance in writing to the grievant’s immediate supervisor. The immediate supervisor shall respond in writing within ten (10) days following receipt of the written grievance.

18 Step 2: If the grievance is not resolved at Step 1, the Association, on behalf of the individual grievant, may appeal to the Chief of Police, in writing, within ten (10) days of receipt of the Step 1 response. The Chief of Police may convene a meeting within fifteen (15) days with the grievant and/or the grievant's Association representative.  The Chief of Police shall respond in writing within twenty (20) days of the meeting or receipt of the grievance, whichever is later.

19 Step 3: If the grievance is not resolved at Step 2, the Association may appeal to the Employee Relations Director (“Director”), in writing, within fifteen (15) days of receipt of the Step 2 response. The Director may convene a grievance meeting within fifteen (15) days with the grievant and/or the grievant's Association.  The Director shall respond to the grievance in writing within twenty (20) days of the meeting or, if none is held, within twenty (20) days of receipt of the appeal.

20 Step 4: If the grievance is not resolved at Step 3, the Association may submit the grievance to arbitration within twenty (20) days of receipt of the Step 3 response. Only the Association may submit a grievance to arbitration.

Selection of the Arbitrator

21. When a matter is appealed to arbitration, the parties shall first attempt to mutually agree upon an Arbitrator to hear the matter.  In the event no agreement is reached within ten (10) working days, or any extension of time mutually agreed upon, the parties shall request that the State Mediation and Conciliation Service (“SMCS”) or the American Arbitration Association (“AAA”) provide the parties with a list of seven (7) potential arbitrators.  The parties, by lot, shall alternately strike names from the list, and the name that remains shall be the arbitrator designated to hear the particular matter.

22. The parties may, by mutual agreement, agree to an alternate method of arbitrator selection and appointment, including, the expedited appointment of an arbitrator from a list provided by the SMCS or AAA.

Authority of the Arbitrator

23. The arbitrator shall have no power or authority to: alter or supersede the Charter, the Civil Service Commission rules, or the Administrative Code; or add to, ignore, modify or amend the terms of this Agreement.

24. Notwithstanding any other provisions of this Agreement, disciplinary or punitive actions described in Charter Section A8.343 cannot be grieved or arbitrated.  An arbitrator selected pursuant hereto shall have no authority to hear or decide any such disciplinary or punitive actions.

Fees and Expenses of Arbitrator

25. The fees and expenses of the Arbitrator shall be shared equally by the parties.  Direct expenses of the arbitration shall be borne equally by the parties.
Hearing Dates and Date of Award

26. Hearings shall be scheduled within forty-five (45) days of selection of an arbitrator.  Awards shall be due within forty-five (45) days following the receipt of closing arguments. 

Monetary Relief

27. Any claim for monetary relief shall not extend more than twenty (20) days prior to the filing of a grievance, unless considerations of equity or bad faith justify a greater entitlement.  The arbitrator shall be required to deduct from any monetary awards all income from any source received by the employee.  The arbitrator shall not be authorized to award any interest on any pre or post monetary award.

Failure to Respond 

28. In the event a grievance is not initiated or appealed through the steps in accordance with the time periods set above, it shall be void.  Failure of the City to timely reply to a grievance shall authorize appeal to the next grievance step. 

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I.E. Official Representatives

29. The Association may select as many as three (3) members of the Association to attend during regular duty or work hours without loss of compensation, meetings scheduled with the Civil Service Commission, the Department of Human Resources, the Director of Employee Relations, or designee, when such meetings have been scheduled for the purpose of meeting and conferring on matters within the scope of representation affecting such appropriate units, and to participate in the discussions, deliberations and decisions at such meetings.

1. Authorization for Deductions

30a. The Union 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 Union. “Contributions” as used in this Section I.F. means Union membership dues, initiation fees, premiums for Union-sponsored insurance programs, political action funds, other contributions, and any special membership assessments, as established and as may be changed from time to time by the Union. 

31b. The City shall deduct Contributions from a represented employee’s pay upon submission by the Union of a request, in accordance with the Procedure. The Procedure shall include, and the Union must provide with each request, a certification by an authorized representative of the Union, confirming that for each employee for whom the Union has requested deduction of Contributions, the Union 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 Union, and make the requested deduction changes only upon receipt of a proper certification. 

32c. The Procedure is the exclusive method for the Union to request the City to initiate, change, or cancel deductions for City contributions.

33d. The City shall implement new, changed, or cancelled deductions the pay period following the receipt of a request from the Union, but only if the Union 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.

34e. If an employee asks the City to deduct Contributions, the City shall direct the employee to the Union to obtain the Union authorization form. The City will not maintain a City authorization form for such deductions. If a represented employee hand delivers the official Union 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 Union a copy of any authorization form that it receives directly from a represented employee. 

35f. Except as otherwise provided in this subsection 1, each pay period, the City shall remit Contributions to the Union, after deducting the fee under San Francisco Administrative Code Section 16.92.  In addition, the City will make available to the Union 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 Contribution amount deducted. 

36g. 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 Union in accordance with the Procedures, or it receives an order from a court administrative body directing the City to change or cancel the deductions for one or more employees.

37h. With the exception of subsection (e) above, the Union 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 Union on such matters. The City shall direct all employee requests to change or cancel deductions, or to revoke an authorization for deductions, to the Union. The City shall not resolve disputes between the Union represented employees about Union 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 Union. The Union shall respond to such employee inquiries within no less than 10 business days. 

2. Indemnification

38. The Association agrees to indemnify and hold the City harmless for any loss or damage arising from the operation of this section, provided the City has complied with its obligations in this section.


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Article II: Employment Conditions

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II.A. Non-Discrimination

39. The City and the Association agree that discriminating against or harassing employees, including sworn and non-sworn employees, applicants, or persons providing services to the City by contract, because of their actual or perceived race, color, creed, religion, sex/gender, sexual orientation, gender identity, gender expression, national origin, ancestry, physical or mental disability, medical condition (associated with cancer, a history of cancer, or genetic characteristics), HIV/AIDS status, genetic information, marital status, age, military and veteran status, political affiliation or opinion, Association membership or nonmembership, Association activity, or other protected category under the law, is prohibited.  This paragraph shall not restrict any City or Department rule, policy, procedure, order, action, determination or practice taken to ensure compliance with applicable laws. 

40. This section is not intended to affect the right of an employee to elect any applicable administrative remedy for discrimination proscribed herein. If the City offers more than one administrative remedy, e.g., grievance or EEO complaint process, the Association and the employee shall elect only one. That election is irrevocable. This paragraph shall not foreclose an affected employee from electing any administrative or statutory remedy provided by law.

41. It is understood and agreed that any disciplinary action against an employee that may be initiated or result from the application or interpretation of these provisions shall not be subject to the grievance and arbitration provisions of Article I, Section D of this Agreement. 

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II.B. Americans with Disabilities Act

42. The parties agree that the City is obligated to provide reasonable accommodations for persons with disabilities, in order to comply with applicable federal, state and local disability anti-discrimination laws.  The parties further agree that this Memorandum shall be interpreted, administered and applied in a manner consistent with such laws.  The City reserves the right to take any action necessary to comply therewith.

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II.C. Employment Status

43. It is recognized, understood and agreed that employees in jobcodes (ranks) assigned to bargaining units covered under this contract are Civil Service exempt and serve at the sole discretion of the Appointing Officer.

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II.D. Severance Pay

44.1. The City agrees that when involuntarily removing or releasing from employment a represented, exempt employee, the Appointing Officer will endeavor to inform the employee at least thirty (30) calendar days before his/her final day of work.  Where the Appointing Officer fails or declines to inform the employee a full thirty (30) days in advance, the member shall receive pay in lieu of the number of days less than thirty (30) upon which the employee was informed.

A. In providing pay in lieu of notice under paragraph (1) above, if a represented employee has permanent civil service status in a position and returns to that position upon involuntary release from the position represented by the Association, the employee shall receive as pay in lieu of notice, for the time prescribed above, the difference between the pay of position from which the employee is being released and the pay in the underlying permanent civil service position to which the employee reverts.

45.2. In addition to paragraph (1), the parties agree that the severance is available per this paragraph to the following covered employees: (a) represented exempt employees who are involuntarily removed or released from City employment; and (b) represented, exempt employees who are involuntarily returned to a permanent job code (rank) and who elect to separate from City Service.  Except as provided in Section II.D.3 below, employees who elect severance shall receive one week’s severance pay for each full year worked, up to a maximum of twenty (20) weeks. Where the employee electing severance is the Chief of Police, the Chief shall receive a minimum of two months’ severance pay. In exchange for severance pay, the employee must provide a release signed by the employee and the Association of any and all claims arising out of the employee’s employment or termination of employment (including claims arising under this Agreement) that the employee or the Association may have against the City including any officer or employee thereof.  This release shall be in a form acceptable to the City and shall also include a waiver of any rights the employee may have to return to City employment (e.g., holdover roster), a waiver of Section 1542 of the California Civil Code, and a waiver of claims under the Age Discrimination in Employment Act. The release shall exclude the right to grieve the proper amount of notice or severance pay due under Section II.D

46.3. Payment of severance is dependent upon approval of the Appointing Officer, Controller and the Human Resources Director. Approval will be based on a good faith consideration of whether the employee’s removal or release was involuntary, was initiated by the Appointing Officer, and was in the best interests of the City; and whether the termination of employment was based on conduct involving misappropriation of public funds or property, misuse or destruction of public property, mistreatment of persons, or acts which would constitute a felony or misdemeanor.

47.4. Any employee accepting severance pay is ineligible to be appointed to City service under Charter Section A8.511 (a Proposition F appointment) in the Police Department for two years from the date of release.

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II.E. Personnel Files

48. The City shall maintain personnel files for each employee.  Employees or their authorized representatives have the right to examine the contents of their master personnel files during business hours Monday through Friday excluding legal holidays. Adverse comments may not be placed in an employee’s master personnel file without the employee having acknowledged notice of the adverse comments on the face of the document prior to placement in the files.  However, the City may place an adverse comment in an employee’s file, if after reading the document the employee refuses to sign it.  The City shall note the refusal to sign on that document, and the employee must sign or initial the notation. Employees may cause to be placed in their master personnel files responses to adverse material inserted therein and a reasonable amount of correspondence as determined by the Chief of Police originating from other sources directly related to their job performance.

49. Materials relating to disciplinary actions for conduct which is three (3) or more years old shall not be used as the basis of future discipline, provided there has been no reoccurrence of the same or similar conduct upon which the discipline was based. At the request of the employee or the Association, materials related to disciplinary actions which are three (3) or more years shall be sealed to the extent permissible by law, provided that there has been no reoccurrence of the conduct on which the discipline was based during that period. The envelope containing the sealed documents will be retained in the employee’s personnel file and may only be opened for the purpose of assisting the City in defending itself in legal or administrative proceedings, or as otherwise required by federal, state, or local law. An employee or MEA may request sealing prior to the end of the three (3) year period.

50. Other than employees and their representatives authorized under paragraph 48 above, only persons authorized by the Chief of Police or their designee may review an employee’s master personnel file.

51. This section regarding employee access and authorized review applies to materials contained in Department files of Internal Affairs Division and EEO Division cases classified as improper conduct after the Chief determines to proceed with disciplinary action.  All other access to the files at Internal Affairs Division and EEO Division must be pursuant to a valid discovery motion filed and approved by the Police Commission or a court of competent jurisdiction.

52. This section does not waive employee rights under either the Public Safety Officers Procedural Bill of Rights Act or applicable provisions of the California Evidence and Penal Codes relating to the confidentiality, authorized review, and disclosure of peace officer personnel records.

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II.F. Performance Appraisals

53. An employee shall be afforded thirty (30) days from the date of receipt to respond to a performance appraisal in writing. The City shall attach any written response to the performance appraisal and maintain it in the employee's personnel file.

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II.G. Department of Police Accountability Records

54. It is agreed that a complainant's Department of Police Accountability (“DPA”) complaint form shall be released to the complainant upon request.

55. Notwithstanding any other provision of this Agreement, if a DPA investigative hearing is determined to be appropriate and is scheduled, the affected employee and the complainant, prior to the hearing and upon seventy-two (72) hours’ advance notice, shall have access to all evidence not deemed to be confidential pursuant to the Police Commission rules. Access shall consist of inspection of materials and, upon request, copies of materials for use by the employee and the complainant. 

56. Review and receipt of evidence shall be permitted only after the requesting party and their representative has executed a confidentiality statement approved by the Police Commission. The Police Commission shall monitor the application of this paragraph and shall implement policies and procedures designed to ensure compliance herewith.

57. Summary disposition reports, the format of which shall be set by the Police Commission and which shall include a brief description of the complaint and summary findings of fact, shall be prepared by the DPA in matters that are not sustained, as well as in those matters which are disposed of by the Chief of Police and do not result in a Police Commission hearing. These reports shall be available for public review and disclosure. These reports shall not contain the name(s) of the complainant(s) nor of the charged officer(s) nor contain any information which would: (a) deprive a person of the right to a fair trial or an impartial adjudication; (b) disclose investigative techniques and procedures deemed confidential by the Police Commission; (c) disclose confidential information when disclosure is prohibited by any law; (d) endanger the life or physical safety of any person, including but not limited to, law enforcement personnel; or (e) result in an unnecessary invasion of the personal privacy of an individual.

58. The DPA, in conjunction with the Police Commission, shall develop procedures which may utilize face-to-face dispute resolution in appropriate cases. Use of these procedures will be voluntary and subject to the veto power of the DPA for the complainant or the affected employee. 

59. Disputes regarding this section shall be resolved by utilization of existing rules and regulations and shall not be subject to the grievance and arbitration procedure contained in this Agreement.

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Article III: Pay, Hours, and Benefits

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III.A. Wages

60. Established wage rate differentials between covered job-codes (ranks) and the highest paid Deputy Chief rank shall be maintained for the duration of this Agreement, exclusive of the additional 4% in wages received by the Deputy Chiefs on July 1, 2007 pursuant to the 2007-2011 POA P-2B MOU, Article III.2.A. Overtime.

61. The City shall continue to implement a merit pay based recognition program.  Subject to the recommendation and approval of the Mayor for the Police Chief and subject to the approval of the Police Chief for the other represented job-codes (ranks), merit pay base annual adjustments may be awarded to an employee ranging from 0% to 5% of an employee’s base annual salary.

62. Employees shall receive the following base wage increases:

• Effective July 1, 2023, represented employees will receive a base wage increase of 2.50%.
• Effective January 6, 2024, represented employees will receive a base wage increase of     2.25%.
• Effective January 4, 2025, represented employees will receive a base wage increase of     3.00%, except that if the March 2024 Joint Report, prepared by the Controller, the Mayor’s Budget Director, and the Board of Supervisors’ Budget Analyst, projects a     budget deficit for fiscal year 2024-2025 that exceeds $300 million, then the base wage adjustment due on January 4, 2025, will be deferred to July 1, 2025.
• Effective July 1, 2025, represented employees will receive a base wage increase of     3.00%, except that if the March 2025 Joint Report, prepared by the Controller, the Mayor’s Budget Director, and the Board of Supervisors’ Budget Analyst, projects a budget deficit for fiscal year 2025-2026 that exceeds $300 million, then the base wage adjustment due on July 1, 2025, will be deferred to close of business June 30, 2026.

Compaction Adjustments

63. Effective July 1, 2024, employees in classifications 0488 Commander, 0489 Commander II and 0490 Commander III will receive an additional base wage increase of 2.00%.  Regardless of whether the base wages are deferred or not, the Commanders will receive the base wage increase as provided in this section.

64. Effective July 1, 2024, the City shall add an additional 3.00% salary step to classification 0395 Assistant Chief. Incumbents in this class who have been in this classification for two (2) years or more of service as of July 1, 2024 shall advance to the new step on July 1, 2024. Incumbents in class 0395 who have been in this class for less than two (2) years of service as of July 1, 2024 shall advance to the additional salary step on their anniversary date upon two (2) years of service.

65. Effective January 3, 2026, employees in classifications 0488 Commander, 0489 Commander II and 0490 Commander III will receive a base wage increase of 3.00%. Regardless of whether the base wages are deferred or not, the Commanders will receive the base wage increase as provided in this section.

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III.B. Peace Officer Standards Training (Post) Certificate Premium

66. Effective July 1, 2018, employees at the rank of Commander and Deputy Chief who possess POST certificates shall receive premium pay as follows: 

• Employees possessing an intermediate POST certificate shall receive a 5% premium by appointment to the intermediate rank below.
• Employees possessing an advanced POST certificate shall receive a 7% premium by appointment to the advanced rank below.

67. Effective July 1, 2019, employees at the rank of Commander and Deputy Chief who possess POST certificates shall receive premium pay as follows: 

• Employees possessing an intermediate POST certificate shall receive a 6% premium by appointment to the intermediate rank below.
• Employees possessing an advanced POST certificate shall receive an 8% premium by appointment to the advanced rank below.

68. It is the parties’ understanding that this benefit is part of the salary attached to all ranks for employees compensated as noted above. This premium shall be included for purposes of retirement benefit calculations and contributions in compliance with the Charter.

69. Employees who obtain sufficient education and experience to meet the minimum qualifications of the ranks containing a POST certificate requirement shall be appointed to such ranks within thirty (30) days after they present to the appointing officer evidence that they possess the POST certification required for the rank.

70. It is the mutual understanding of the City and the Association that the compensation attached to those ranks for which a POST certificate is required is not an increase in the general rate of remuneration for the ranks or position of 0488 or 0400 within the meaning of the Charter of the City and County, including but not limited to Section A8.559-6.

71. Should any retiree or other party initiate litigation challenging this mutual interpretation, and the mutual intent of these parties, and seek to obtain an adjustment of allowances for any Police Department retirees pursuant to the Charter of the City and County based upon this Agreement, the Association shall cooperate with the defense of such claims by the City and County.

72. The parties and each and every individual employee specifically agree and recognize that this Agreement creates no vested rights. Should any final judgment by a court of competent jurisdiction at any time adjudge and decree that retirees are entitled to an adjustment of their allowances as a result of the establishment of these ranks, then the Agreement that created these ranks and set a new base rate for such ranks to be included within the rate of remuneration for pension calculation purposes shall be null and void, and shall cease immediately. If such a judgment issues, the parties further hereby agree that the base pay rate and premium of each appointee to these ranks shall retroactively revert to the then current base rate of pay and to the premium eligibility provided by the Agreement prior to the creation of these ranks. The parties also agree to retroactively recalculate the retirement contribution and allowance of such employees as if this Agreement had never been in effect. Provided, however, that if such a recalculation should occur, no employee who had received compensation based on the rates of pay for these ranks shall be obligated to pay back any monies that the employee received between the effective date of appointment and the time of such recalculation. Thereafter, the City and the Association shall mutually engage in meet and confer to reach agreement on alternative benefits.

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III.C. Retention Pay

73. Employees who possess an intermediate POST certificate or higher and have completed the requisite years of service as a sworn police officer shall receive the following retention pay: 

74. Effective July 1, 2022, eligible employees shall receive:

75. Effective July 1, 2024, employees who have completed twenty-four (24) months or more of continuous service appointed to and/or acting in the job codes (ranks) covered by this agreement shall receive a one percent (1%) Retention Pay. Employees who have completed thirty (30) months or more of continuous service appointed to and/or acting in the job codes (ranks) covered by this agreement shall receive an additional one percent (1%) Retention Pay.

76. Eligibility for retention pay is subject to the following conditions and limitations:

a. employees that have been issued a suspension of eleven (11) or more days during the preceding twelve (12) months shall not be eligible; and    

b. employees must have a POST intermediate certificate or higher.    

77. Retention pay shall be included for purposes of retirement benefit calculations and contributions as permitted by the Charter. It is the parties’ understanding that this benefit is part of the salary attached to all ranks for employees who completed the above defined conditions. 

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III.D. Acting Assignment Pay

78. Represented employees assigned by the Chief of Police to perform the full range of duties and responsibilities of a higher rank on an acting or temporary basis shall receive seven and one half percent (7.5%) additional compensation above the employee’s base rate of pay subject to all of the following conditions:

79.1. The assignment shall be in writing.

80. 2. The position to which the employee is assigned must be a budgeted position.

81.3. The employee is assigned to perform the duties of a higher job-code (rank) for longer than five (5) consecutive working days. The additional pay shall be retroactive to the first day of the assignment.

82.4. If a represented employee qualifies for acting assignment pay for thirty (30) or more consecutive working days, the employee shall receive the compensation of the higher rank, retroactive to the first day of the assignment and for the duration of the assignment, less the seven and one half percent (7.5%) increase already received.

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

84. The provisions of this section shall be administered in accordance with Department of Human Resources policies and procedures.

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III.E. Mehtod of Calculation

85. 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.

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III.F. Work Schedules

Regular Work Day

86. A regular workday is a tour of duty of eight (8) hours of work completed within not more than twenty-four (24) hours.

Regular Work Week

87. The Appointing Officer shall determine the work schedule for employees in their department.  A regular work week is a tour of duty of five (5) worked days within a seven day period. 

Alternate Work Schedule

88. 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.G. Executive Leave

89. Employees covered by this Agreement shall not be eligible to accrue compensatory time-off. 

90. Any new hires in job-codes (ranks) covered by this Agreement shall cash-out any accumulated compensatory time-off at their former base rate of pay upon appointment to a job-code (rank) covered by this Agreement.

91. Covered employees are required to work the days and hours necessary to perform the job duties of their position and shall schedule their time accordingly.
Executive Leave

92. Employees covered by Safety P-3-0 shall receive five days of paid executive leave per year.  Executive leave may not be carried over into subsequent fiscal years and may not be cashed-out.

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III.H. Holidays

93. 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 l (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) 
• June 19 (Juneteenth)
• July 4 (Independence Day) 
• the first Monday in September (Labor Day) 
• the second Monday in October (Indigenous Peoples Day and Italian American Heritage Day) 
• November 11 (Veteran's Day) 
• Thanksgiving Day
• the day after Thanksgiving 
• December 25 (Christmas Day) 

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

95. 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.

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

97. Employees required to work on any of the above holidays shall be allowed an in lieu day thereof as scheduled by the Appointing Officer in the current fiscal year.

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III.I. Floating Holidays

98. Four (4) additional floating holidays may be taken on days selected by the employee subject to prior scheduling approval of the Appointing Officer.  Employees (both full-time and part-time) must complete six (6) months continuous service to establish initial eligibility for the floating holidays.  No compensation of any kind shall be earned or granted for floating days off not taken.  Floating holidays received in one fiscal year but not used may be carried forward to the next succeeding fiscal year.  The number of floating holidays carried forward to a succeeding fiscal year may not exceed the total number of floating holidays received in the previous fiscal year.  Floating holidays may be taken in hourly increments up to and including the number of hours contained in the employee’s regular shift.  

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III.J. Holiday Pay for Employees Who Separate

99. Employees who have established initial eligibility for floating holidays and subsequently separate from City employment, may at the sole discretion of the appointing authority, be paid those floating holidays to which the separating employee was eligible and had not yet taken off.

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III.K. Holidays that Fall on a Saturday

100. 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 his/her jurisdiction on such preceding Friday so that said public offices may serve the public.  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 Appointing Officer 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.

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III.L. In-Lieu Holiday

101. In-Lieu Holidays must be taken within the fiscal year earned.

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III.M. Holidays for Employees on Work Schedules Other than Monday through Friday

102. 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.

103. If the provisions of this section deprive an employee of the same number of holidays that an employee receives who works Monday through Friday, s/he 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 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.

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III.N. Vacation

104. Award and accrual of vacation benefits shall be as specified in the Administrative Code, and may not be changed during the duration of this Agreement without the concurrence of the Association.

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III.O. Sick Leave

105. Award and accrual of sick leave benefits shall be provided as specified in Civil Service Commission Rule 220.

106. 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. Commanders' Wellness Program

107. In recognition that Commanders were able to participate in the annual wellness program while covered under the P-2B Memorandum of Understanding, the City shall continue to provide a wellness program for Commanders as follows: 

108.1. Commanders must establish and maintain a core bank of sick leave hours in order to qualify for the wellness program. That core bank shall be a minimum of three hundred (300) hours.

109.2. Once a Commander has established their core bank of sick leave hours, they shall be entitled to an annual conversion of sick leave hours for cash out payment under the following conditions. If a Commander utilizes thirty (30) hours or less of sick leave in a fiscal year, they shall be entitled to cash out up to fifty (50) hours accrued during that fiscal year. If a Commander utilized more than thirty (30) hours of sick leave in a fiscal year, they are not eligible for any sick leave cash out. Sick leave hours donated to catastrophic sick leave bank(s) or used for authorized bereavement leave according to the Civil Service Rules shall not be considered sick leave utilization for purposes of this paragraph.

110.3. Payment of the cash out shall take place on annual basis on the pay period closest to June 1 for each remaining fiscal year of this Agreement.

111.4. The aforesaid payments shall not be considered as part of a Commander’s salary for the purpose of computing retirement benefits or retirement contributions.

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III.Q. Pilot Wellness Program

112. The City shall continue the pilot “wellness program.”  Any fulltime employee leaving the employment of the City upon service or disability retirement may receive payment for a portion of sick leave earned but unused at the time of separation.  To be eligible, an employee must have utilized one hundred and sixty (160) hours or less of sick leave during the final two-year period prior to retirement.  Sick leave hours donated to catastrophic sick leave bank(s) or used for authorized bereavement leave according to the Civil Service Rules shall not be considered sick leave utilization for purposes of this paragraph.  The pilot "wellness incentive program" shall sunset on June 30, 2019.

113. The amount of this payment shall be equal to two percent (2%) of sick leave balances earned but unused at the time of separation times the number of whole years of continuous employment times an employee’s salary rate, exclusive of premiums or supplements, at the time of separation.  Vested sick leave hours, as described by CSC rules, shall not be included in this computation.

• Example of calculation:
• Employee A retires with 20 years of service.
• Employee A has a sick leave balance of 500 hours.
• Employee A has a base salary rate of $25.00 per hour at the time of separation.
   
• Wellness incentive=2 ½ % for each year of service x 20 years of service=40%
• 40% x 500 hours=200 hours
• 200 hours x $25.00 (base salary rate at time of separation)=$5,000

114. The number of hours for which an employee may receive cash payment shall not exceed one thousand forty (1040), including any vested sick leave hours.

115. This wellness incentive bonus shall not be considered as part of an employee’s compensation for the purpose of computing retirement benefits.

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III.R. Health and Dental Insurance

Health and Dental Coverage

116. The City shall provide contributions for employee health benefits at the rate prescribed in Charter sections A8.423 through A8.428.

117. Health and dental benefits, including flexible spending (“cafeteria”) benefits, will be equivalent to those offered to members of the Municipal Executives’ Association (“MEA”) Miscellaneous bargaining unit.  

Hepatitis B Vaccine

118. The City shall provide, at its cost, Hepatitis B vaccine immunization for employees whose health plans do not provide the benefit.

Annual Tuberculosis Screening

119. The City shall provide, at its cost, annual tuberculosis screening for employees.

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III.S. Retirement Benefits

120. Employees shall pay their own retirement contributions in accordance with the Charter requirements.  The parties acknowledge that said contributions satisfy the requirements of Charter Sections A8.595-11(d) and A8.597-11(d) for the duration of this Agreement.

Retirement Restoration Payment

121. For employees who retire between December 26, 2020 and June 30, 2024, the City will provide restoration back pay for the following deferred wage and premium pay increases on regularly scheduled hours for the 12-month period that preceded the date of retirement:

• 2% deferred from December 26, 2020 through the close of business June 30, 2022;
• 1% deferred from the close of business June 30, 2021 through the close of business June 30, 2023; and 
• Retention pay deferred from December 26, 2020 through the close of business June 30, 2022.

122. Restoration payments constitute pensionable compensation, to the maximum extent permissible under the Charter.

123. As an example, by way of illustration only, if an employee retires on June 30, 2021, the City would provide back pay to the employee for the period December 26, 2020 through June 30, 2021, in the amount of 2% on regularly scheduled hours. As another example, by way of illustration only, if an employee retires on June 30, 2022, the City would provide back pay to the employee for the period July 1, 2021 through June 30, 2022, in the amount of 1% and 2% on regularly scheduled hours.

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III.T. Uniforms

124. Employees shall receive as part of their regular rate of pay one thousand one hundred dollars ($1,100) per year as an annual uniform allowance.  

125. Employees shall be responsible for the maintenance, care, repair and replacement of the following standard uniform items: shirts, pants, shoes, BDUs and regular raingear. This responsibility includes maintenance, care, repair, and replacement of normal business attire worn for work. 

126. Uniform items purchased by employees shall meet all specifications as provided by the San Francisco Police Department in General Order 10.01. 

127. Employees shall be prohibited from filing personal property claims under General Order 3.15 for these items of clothing.  The annual uniform allowance is provided specifically for employees to purchase the above listed standard uniform items.  Employees shall, at all times, maintain a sufficient quantity and quality of uniform items to meet uniform and grooming standards at all times.

128. This provision will satisfy any and all obligations to provide employees with uniform clothing and maintenance.

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III.U. Third-Party Funded Crime Laboratory Work

129. Subject to the approval of the Chief of Police or their designee, the Q-63 Director of Forensic Services, shall be compensated one-and-one-half (1.5) times the base rate of pay for hours worked in excess of the employee’s normal work schedule when performing work in which a third party, non-City agency (i.e., person, corporation, firm or organization) is reimbursing the department for the cost of such services. 

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III.V. Parental Release Time

130. Upon proper advance notification, employees may be granted up to forty (40) hours Parental Leave – two (2) hours of which will be paid leave each semester – each year to participate in the activities of a school or licensed child day care facility of any of the employee’s children.  Parental Leave shall not exceed eight (8) hours in any calendar month of the year.

131. In order to qualify for Parental Leave, the employee must give reasonable notice to their immediate supervisor prior to taking the time off. The employee must provide written verification from the school or licensed child day care facility that they participated in school/child care-related activities on a specific date and at a particular time, if requested by management.

132. The employee may utilize either existing vacation, executive leave, administrative leave or personal (unpaid) leave to account for absences after the two (2) paid hours per semester have been used. If both of the child’s parents are employed by the City at the same worksite, the entitlement to a planned absence applies only to the parent who first gives notice.

133. Denial of Parental Leave under this section is not subject to the grievance process.


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IV.A. Police Command Staff Training Fund

134. The City will contribute sixteen thousand dollars ($16,000) annually to a Police Command Staff Training Fund for the exclusive use of employees covered under this Agreement. The Chief of Police will determine the allocation of this fund. Any unused funds shall not carry forward to the next fiscal year.

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

Paid Status During Training

136. When the Chief of Police assigns employees in this bargaining unit to attend required training, the employee shall suffer no loss of pay.

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IV.B. Joint Committee on DOJ Implementation

137. The parties shall work cooperatively to implement industry best practices in policing. To this end, the parties agree to establish a joint Committee to support full implementation of police reform measures as recommended by the October 2016 U.S. Department of Justice, Community Oriented Policing Services report titled Collaborative Reform Initiative: An Assessment of the San Francisco Police Department (DOJ COPS Report). The Committee shall be comprised of four members: two representatives from the Police Department and two representatives from the Association. The Committee shall meet monthly unless otherwise agreed to by the parties. The Committee shall disband on June 30, 2021.

138. The Committee shall be allocated $200,000 for fiscal year 2018-2019 for the purpose of providing employee training and technical assistance for employees.  The sole purpose of these funds shall be to support training and technical assistance for full implementation of the DOJ COPS Report recommendations.   The Chief of Police shall make the final determination on the expenditure of the funds, and shall take in to consideration recommendations from the Joint Committee before making said determination.  

139. The City, in its sole discretion, may allocate additional training and technical assistance funds not to exceed $200,000 per fiscal year, for fiscal years 2019-2020 and 2020-2021.  Unexpended funds in any fiscal year shall not roll over to the following fiscal year.  

140. Nothing in this section shall be subject to the grievance procedure.

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IV.C. Direct Deposit of Payments and Paperless Pay Policy

141. Effective on a date to be established by the Controller, but not sooner than September 1, 2014, the City shall implement a Citywide “Paperless Pay” Policy.  This policy will apply to all City employees, regardless of start date. 

142. 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.  Upon implementation of the policy, other than for employees described in the preceding sentence, paper pay advices will no longer be available through Citywide central payroll distribution.

143. 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.

144. Under the policy, all employees (regardless of start date) will have two options for receiving pay: direct deposit or pay card.  Employees not signing up for either option will be defaulted into pay cards.    

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

1. Change the account into which the direct deposit is made;
2. Switch from the direct deposit option to the pay card option, or vice versa;
3. Obtain a new pay card the first time the employee’s pay card is lost, stolen or misplaced;

146. The City assures that the 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 pay card.

147. Prior to implementing the “Paperless Pay Policy,” the City will give all employee organizations a minimum of 30-days’ advance notice.  Prior to implementation of the policy, the City shall notify employees regarding the policy, including how to access and print their pay advices at work or elsewhere.  Training shall be available for employees who need additional assistance.

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

149. The parties mutually agree that employees may print out pay advices during work hours.


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Article V: Implementation and Term of Agreement

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V.A. Scope

Scope Of Agreement Meet and Confer Responsibility During the Term of The Agreement

150. Except in cases of emergency involving an imminent or substantial threat to the public health or safety or as otherwise provided in this Agreement, the City shall give reasonable written notice to the Association of proposed changes directly relating to matters within the scope of representation as specified in Government Code Section 3504.5.  The Association shall be provided with the opportunity to meet and confer with regard to any such proposed change should it desire to do so.

151. In cases of emergency when the City determines that a proposed change as described herein must be adopted immediately without prior notice or meeting with the Association, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such change. If the Association does not respond within ten (10) working days from the date of mailing of written notification of a proposed change as provided for in this article, the Association shall be deemed to have waived its opportunity to meet and confer on the proposed change.

152. If the Association timely requests the opportunity to meet and confer as provided herein, the City agrees to meet and confer with the Association over such proposed change or changes within ten (10) days of receipt of such timely request, unless a longer period of time is mutually agreed upon, in order freely to exchange information, opinions and proposals and to endeavor to reach agreement on the proposed change or changes.

153. During the term of this Agreement disputes regarding changes in wages, hours, benefits and other terms and conditions of employment shall be subject to the impasse procedures as provided in Charter Section A8.590-5(g).

154. Pursuant to the provisions of the Meyers-Milias-Brown Act, as amended, the City agrees to meet and confer with the Association in advance regarding any proposed changes in working conditions within the scope of representation except as provided elsewhere in this Agreement.

155.  The parties agree that unless specifically addressed herein, those terms and conditions of employment which are currently set forth in the Civil Service Rules and are otherwise consistent with this Agreement shall continue to apply to employees covered by this contract.  No matter set forth in the Civil Service Rules shall be subject to the grievance procedure.  Changes to the Civil Service Rules may be proposed during the terms of this contract subject to meet and confer as appropriate.  Changes to the Civil Service Rules shall not be subject to arbitration.

156. This Agreement sets forth the full and entire understanding of the parties regarding the matters herein.  This Agreement may be modified, but only in writing, upon the mutual consent of the parties.

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V.B. Savings Clause

157. Should any part hereof or any provisions herein be declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and the remaining portions hereof shall remain in full force and effect for the duration of this Agreement.

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V.C. Duration of Agreement

158. This Agreement shall be effective July 1, 2023, and shall remain in full force and effect through June 30, 2026.

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V.D. Signature Page

In Witness Hereof, the parties have executed this AGREEMENT this [     ] day of [     ], 2023.

FOR THE CITY

Ardis Graham
Employee Relations Director

Carol Isen
Human Resources Director 

FOR THE UNION

Criss Romero
Municipal Executives’ Association

APPROVED AS TO FORM:
DAVID CHIU
City Attorney

Jonathan Rolnick
Chief Labor Attorney

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