Section 19827 Of Article 3. Salary Classification From California Government Code >> Division 5. >> Title 2. >> Part 2.6. >> Chapter 2. >> Article 3.
19827
. (a) (1) Notwithstanding any other provision of law to the
contrary, in order to recruit and retain the highest qualified
employees, the state shall pay sworn members of the California
Highway Patrol who are rank-and-file members of State Bargaining Unit
5 the estimated average total compensation for each corresponding
rank for the Los Angeles Police Department, Los Angeles County
Sheriff's Office, San Diego Police Department, Oakland Police
Department, and San Francisco Police Department. Total compensation
shall include base salary, educational incentive pay, physical
performance pay, longevity pay, and retirement contributions made by
the employer on behalf of the employee.
(2) The state and the exclusive representative shall jointly
survey annually and calculate the estimated average total
compensation based on projected average total compensation for the
above-named departments as of July 1 of the year in which the survey
is conducted. The state and the exclusive representative shall
utilize the survey methodology outlined in the "Description of Survey
Process Pursuant to Government Code 19827 Regarding the Recruitment
and Retention of California Highway Patrol Officers" dated July 1,
2001, and maintained as a permanent agreement between the state and
the exclusive representative.
(3) Any increase in total compensation resulting from this section
shall be implemented through a memorandum of understanding
negotiated pursuant to the Ralph C. Dills Act (Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1).
Notwithstanding the foregoing, failure of the parties to reach
agreement for a memorandum of understanding pursuant to the Ralph C.
Dills Act shall not relieve the state of the duty to compensate sworn
represented members of the California Highway Patrol in accordance
with the formula set forth in this section.
(4) The total compensation for represented sworn members of the
California Highway Patrol may deviate from the survey results by
mutual agreement between the exclusive representative and the state
pursuant to the collective bargaining process.
(5) If the provisions of this subdivision are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(b) When determining compensation for state excluded sworn
classifications of the California Highway Patrol, it is the policy of
the state to consider total compensation for corresponding ranks
within jurisdictions specified in subdivision (a), as well as other
factors, including internal comparisons.