Intermediate P.O.S.T. Requirements

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How to get your Intermediate P.O.S.T. Certificate.

I have listed the requirements on how to qualify for an Intermediate P.O.S.T. Certificate. In this post you will be able to get an idea of how close you are to qualifying or if you are qualified. I recommend that you do contact the training division to determine how many training points you have.

As for college credits units, if you have attended college you should have an idea of how many college units you have. The Basis Police Academy depending on which academy you attended, the college units can vary from 22 units to 28 units.

SFDSA Collective Bargaining Agreement states:  

Paragraph 151

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.   (more…)

How to fix a Staffing Shortage

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In 1994 the POA updated the Police Charter and added Staffing Levels. Very smart decision by there association.


In 1994 the Police Staffing legislation was proposed to the Board of Supervisors.  The Board of Supervisors voted on the Police Staffing legislation.  The Board of Supervisors voted 9 in favor and 2 against with the majority in favor Police Staffing Proposition D was placed on the ballot for the San Francisco Voters to vote on. Police Staffing Proposition D passed by majority vote of the San Francisco voters.

POLICE STAFFING. The police force of the City and County shall at all times consist of not fewer than 1,971 full duty sworn officers. The staffing level of the Police Department shall be maintained with a minimum of 1,971 full duty sworn officers thereafter. That figure may be adjusted pursuant to Section 16.123.

All officers and employees of the City and County are directed to take all acts necessary to implement the provisions of this section. The Board of Supervisors is empowered to adopt ordinances necessary to effectuate the purpose of this section including but not limited to ordinances regulating the scheduling of police training cases.

Further, the Commission shall initiate an annual review to civilianize as many positions as possible to maximize police presence in the communities and submit that report to the Board of Supervisors annually for review and approval.

The number of full duty sworn officers in the Police Department dedicated to neighborhood policing and patrol for fiscal year 1993-1994 shall not be reduced in future years, and all new full duty sworn officers authorized for the Police Department shall also be dedicated to neighborhood community policing, patrol and investigations.

Maintaining a optimal level of staffing always seems to be problem.  It’s a dangerous balance of cost savings and public safety.  But if the scale is tipped to far towards cost savings not only does it effect public safety but it also effects the employees by overworking them to fill vacant positions.  Please read this excerpt from an article depicting the cost savings.

Staffing and overcrowding issues at the new jail, which houses The City’s long-term prisoners, became such an issue that an older facility was reopened on the same property in October. Sheriffs deputies have been putting in almost 1,500 hours of overtime per week, sometimes working 16-hour days, prompting the Board of Supervisors to call for the budget analyst’s report.

Overtime staffing is about 35 percent cheaper than hiring more sworn personnel because of mandatory fringe benefits, the report found, but the facility should be staffed with permanent personnel nonetheless, “In order to avoid staff fatigue and to ensure that the facility is operated safely.” – SF Examiner

In a 1999-2000 Civil Grand Jury Report, they express the dangers of mandatory forced overtime on employees.

Shortage of Sheriff’s Department Staff In spite of annual increases in funded positions from 818 in Fiscal Year (FY) 1997-1998 to 845 in FY1998-1999 and 897 in FY1999-2000, the Sheriff’s Department reports that it has a shortage of deputies in the jails. The department’s shortage of staff has apparently resulted in a departmental overtime budget that will be exceeded by $4.9 million in FY 1999-2000 because deputies have been assigned mandatory overtime shifts. Workers’ compensation claims will also cause the department’s budget to be exceeded by 40 percent, with at least $1,370,493 to be paid in claims for the 1999-2000 fiscal year. A pattern of increased overtime spending by the department is beginning to appear. The November 19, 1999 Controller’s Audit of the Sheriff’s Department stated that overtime spending for jail staffing increased by more than $650,000, or almost 60 percent, over the previous two fiscal years, 1997-98 and 1998-99. This pattern benefits no one. As the Controller’s Audit noted, “[i]n addition to its impact on the budget of the Sheriff’s Department, prolonged overtime by staff members may lead to fatigue and diminished attentiveness, conditions that can endanger the safety of the staff, jail inmates, and the public.” – SF Civil Grand Jury

In 2015, San Francisco Board of Supervisors vote 6-5 to boost police officers beyond charter mandate.

The City is slated to fund eight police academy classes — that includes $11 million for the first five classes next fiscal year — to hire some 400 new police officers.  The two-year hiring plan is expected to bring San Francisco in compliance with the 1994-voter mandated staffing level of 1,971, a level last met in 2009.  The City must go beyond the mandate, setting a goal of more than 2,200 officers, based on population growth since 1994.  While the resolution isn’t a mandate, it does commit the board politically to funding the effort.  “That the board commits to fully funding police academy classes to exceed this goal of 2,200 full duty sworn officers,” the resolution states. – SF Examiner

In a 2015-2016 Civil Grand Jury Report, they express the overtime continues to contribute to fatigue and stress, they learned it is primarily due to the lack of funding for requisitions over the past four years.

Consistent with the findings of the 2013-­2014 Civil Grand Jury in its report titled “Inquiry into the Programs and Operations of the San Francisco Jails,” the custody division continues to rely on a mandatory overtime policy to meet the needs of staffing 24 ­hour shifts at five jail locations. While closure of San Francisco County Jail #3 and the associated reassignment of staff to other facilities might have eased the overtime problems, the Controller’s Six Month Budget Status Report for FY 2015­-16 projected total overtime pay of $17.1 million compared with $14.8 million in FY 2014-­15 and $10.5 million in FY 2013-­14. We learned that this is primarily due to the lack of funding for requisitions over the past four years. Some City officials observed it is less expensive to pay for overtime than to fund the 40 positions that have been requested. – SF Civil Grand Jury

Wouldn’t it be a good idea to explore the idea of adding a Sheriff’s Staffing to the City Charter?


Members Document Inspection Rights

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One of your rights as a member is the power to view some of the association documents.  The association is a mutual benefit corporation and must follow California Corporation Law.  We have all heard rumors about members requesting to view documents and as the rumor goes the association did not allow the viewing of the documents.  Well, I have listed the Corporation Law for you review and if you want to view and copy a corporate document this is the law.  The Secretary of our association is the keeper of the records, all requests for documents would go through him unless you are requesting a financial document.  For financial document requests you must contact the Treasurer.  I would also include the President in the email or written request because he is responsible for the association to follow and comply with California Corporation Law.  At the bottom of the article I will list two ways to file a complaint if the association does not lawfully comply with your request.

TITLE 1. CORPORATIONS [100 – 14631] ( Title 1 enacted by Stats. 1947, Ch. 1038. )
DIVISION 2. NONPROFIT CORPORATION LAW [5000 – 10841] ( Heading of Division 2 amended by Stats. 1978, Ch. 567. )
PART 3. NONPROFIT MUTUAL BENEFIT CORPORATIONS [7110 – 8910] ( Part 3 added by Stats. 1978, Ch. 567. )
CHAPTER 13. Records, Reports, and Rights of Inspection [8310 – 8338] ( Chapter 13 added by Stats. 1978, Ch. 567. )

ARTICLE 3. Rights of Inspection [8330 – 8338] ( Article 3 added by Stats. 1978, Ch. 567. ) (more…)

How to file a Grievance – Samples and Forms

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blackandyellowleadershipRecently, I have helped an association member follow up on a grievance that was supposed to have been submitted to the U.S.  As I looked into this matter, I discovered that the person that said they wrote a grievance and sent it to the U.S. never did.  When it comes to serious matters like this, I recommend you write and file your own grievances this will guarantee it gets done.

I will place the instructions in this post on the grievance procedure steps.   Also in this post will be a link to downloadable a grievance form. If you would like a copy of a Sample Grievance, please contact me, it will give you ideas and you can see the steps in the process.  I have also located some helpful grievance checklists and worksheets from another association which we can adopt to assist and use to write a solid grievance.

1st Step  the procedure.  The grievance procedure is written in the Collective Bargaining Agreement starting on page 8.  

2nd Step Complete a Grievance Form.  Download this form.

Downloadable Association Grievance Form


3rd Step download the Example Grievance  Checklist 

Grievance Checklist by Ken Lomba on Scribd


4th Step download the Grievance Worksheet

Grievance Worksheet by Ken Lomba on Scribd



Strong and Smart Contracts

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We need stronger and smarter contracts.  We are getting beaten at contract negotiations every time.  Take a look at these news excerpts about other union contracts.

The salaries of San Mateo County sheriff’s deputies are at least 7 percent higher than those of deputies in eight other Bay Area counties, and they’ll receive a 3 percent bump in 2015 thanks to the Board of Supervisors.

“I’m glad to see they’re making 7 percent more,” said Supervisor Don Horsley, the county’s former sheriff. “San Mateo County has a much higher cost to live in the county than Alameda, Solano, and Contra Costa counties.”

Gina Papan, who has been endorsed by the Deputy Sheriffs Association, said she had not reviewed the agreement but understands that, “significant concessions were made and the county is saving millions on this contract.” The Deputy Sheriffs’ Political Action Committee also made a $37,000 expenditure in support of Papan’s campaign, for a mailer.

County Human Resources Director Donna Vaillancourt said the county originally decided to guarantee deputies they would get at least 3 percent more than others because it was having difficulty recruiting and training quality candidates. With the current economy, that is no longer the case, she said.- Mercury News


Achieving Parity Pay

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Parity clauses’ historically have been included in collective negotiation agreements between municipal employers and public employee unions, particularly those involving police and firefighter’s unions.

By maintaining recognizable relationships between the levels of compensation afforded various occupations, parity clauses were used as an aid to negotiators, arbitrators and political officials in calculating the salaries of municipal employees. (more…)

Why didn’t We VOTE on the Tentative Agreements?

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Why didn’t We VOTE on the Tentative Agreements in 2014?

California Government Code 3505.1. If a tentative agreement is reached by the authorized representatives of the public agency and a
recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding. (more…)

How does Arbitration Work?

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Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.

There isn’t 1 Arbitor.  City Charter stated an Arbitration Board is created of 3 Arbiters.  The 3 Arbiters are formed from both parties involved and 1 neutral party.  That means 1 person from the City, 1 person from the Union, and 1 Neutral Arbiter as the Chairperson (Usually an attorney). (more…)

Past Behavior is a Prediction of Future Behavior

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Vote for LombaWithin the last 6 months, I have presented ideas that would be beneficial to our membership.  In January of 2016, I made a decision to do more for the association. I started attending the association meeting in Jan and by February I decided to become a Shop Steward. In February, I researched which I believe is a valuable tool that should be used to better our wages, retirement, secure our jobs, and add additional jobs to our department. This tool other agencies have used to their advantage. The tool I am referring to is using ballot initiatives. I placed this idea on the February association general membership meeting agenda and gave a presentation on the subject at the meeting.

This same tool SFPOA/PD had used it approximately 157 times, and SFFFA/FD had used it approximately 140 times. We SFDSA/SD, however, have used this tool 15 times. At the general membership meeting on February 9th, I spoke about how this idea came about from a simple conversation with other association members at SFGH. That day I started the Ballot Initiative Committee. After a month of research, I taught the Executive Board, Shop Stewards and members that were at the meeting how to place a ballot initiative on the ballot for vote at no cost.

In April, several members and I proposed a bylaw update. For ease and security purposes, we proposed to update a 1999 bylaw article to modernize our voting process. Approximately 250 members signed our signature drive to update the voting process. We are currently working on this to make it happen.

As you can see any member can submit a bylaw change by following the bylaw amendment article XXIII.  Once you have followed the above steps, it states, “The Secretary SHALL mail to each board member copies of the proposed bylaw change. The Shop Stewards will pass out the ballots to members they represent.  The ballots shall be returned via ballot boxed and counted at the general body meeting”  You are a paying dues member and have membership rights.  You have the right to do this and the right to vote on the bylaw change.  Currently, the Secretary has not mailed out the copies of the bylaw change nor have they placed the ballots/ballot boxes out for members to vote on the Elections bylaw change which incorporates Online Voting.  This bylaw change per the Bylaw Amendment XXIII is the decision of the members and should not be stopped as long as it complies with state law.  At the May and June 2016 general body meeting, the Union attorney stated that the Elections bylaw change can go to membership vote.  The beauty of this is that even if there is a small error or if we wanted to add something to it and make a small change, it can be done easily by following the above process but once Online Voting by a secure third-party voting service is initiated anything voted on can happen a lot quicker, easier, less labor intensive and the turn around time would be a lot faster moving the Union business along quickly.

Also in April I started a Shop Stewards Training Tips email. I send training tips on Roberts Rules of Order and other important topics to the shop stewards.

In June, I conducted a review of our collective bargaining agreement based on information from members on a change in regards to Staffing Levels.  I found that the original staffing level language from the 2012-2014 collective bargaining agreement was removed from the 2014-2017 collective bargaining unit and replaced with new language.  I discovered that the Union signed a  Tentative Agreement on May 2, 2014 agreeing to this change.  Also I had found that the original Entry and Promotional Qualifications language from the 2012-2014 collective bargaining agreement was removed from the 2014-2017 collective bargaining unit completely during the contract negotiation process.  I discovered that the Union signed a  Tentative Agreement on April 24, 2014 agreeing to this removal.

In closing, I would like to say I am a person with experience, a person you can depend on, a person that will voice the concerns of and represent each and everyone one of you, a person that will put in 110% is the type of person you need in serving as your DSA President.

I would be honored if you would vote for me as your President.

Best regards,

Ken Lomba

See all of my 25 years of law enforcement experience here.