CC 2015-10-13_08e Resolution_AGPOA Side Letter of AgreementMEMORANDUM
TO: CITY COUNCIL
FROM: DEBORAH MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICES~
BY: KAREN SISKO, HUMAN RESOURCES MANAGER ~
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING A SIDE LETTER
OF AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS'
ASSOCIATION FY 2014/15 THROUGH 2015/16 MEMORANDUM OF
UNDERSTANDING ESTABLISHING STANDBY PAY FOR THE
DETECTIVE JOB ASSIGNMENT
DATE: OCTOBER 13, 2015
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution approving a Side Letter of
Agreement modifying the FY 2014/15 through FY 2015/16 Memorandum of
Understanding ("MOU") with the Arroyo Grande Police Officers' Association ("AGPOA").
FINANCIAL IMPACT:
Terms of the proposed Side Letter of Agreement will increase costs to the City's
General Fund by approximately $6,000 in FY 2015/16. Due to vacancies in the
Department, this cost can be absorbed in the existing FY 2015/16 budget.
BACKGROUND:
There is currently a Police Sergeant and Senior Police Officer position assigned to the
Detective Division in the Police Department. There is also an unfilled Police Officer
position in the Division. The existing MOU between the City and the AGPOA does not
include standby pay for the Detective job assignment.
ANALYSIS OF ISSUES:
Due to the potential 24-hour demands of the Detective Division in the Police
Department, sworn employees in the Division are required to be on standby during off-
duty evening hours and weekends in the event of an inCident requiring their expertise.
They. may have to respond to phone calls, emails or texts requesting information or may
have to physically report in to assist with an incident.
While on standby, the Officers must be ready to respond immediately to a call for
service, be readily available at all hours by telephone or agreed upon communication
Item 8.e. - Page 1
CITY COUNCIL
CONSIDERATION OF A RESOLUTION APPROVING A SIDE LETTER OF
AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION FY
2014/15 THROUGH 2015/16 MEMORANDUM OF UNDERSTANDING
ESTABLISHING STANDBY PAY FOR THE DETECTIVE JOB ASSIGNMENT
OCTOBER 13, 2015
PAGE2
equipment, refrain from activities that might impair their duties upon call, and be able to
physically respond to a call within forty-five minutes. Providing the employees with
standby pay would compensate them for being placed on standby duty.
The POA membership voted to approve the Side Letter of Agreement on September 10,
2015.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Adopt the Resolution approving the Side Letter of Agreement as presented;
2. Do not adopt the Resolution and direct staff to renegotiate the terms of the
Agreement;
3. Do not adopt the Resolution; or
4. Provide direction to staff.
ADVANTAGES:
The adjustments to the MOU will compensate the Officers who are required to abide by
the restrictions placed on them when they are on standby.
DISADVANTAGES:
The only disadvantage is the financial cost to the General Fund.
, ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENT~:
The Agenda was posted in front of City Hall on Thursday, October 8, 2015. The
Agenda and report were posted on the City's website on Friday, October 9, 2015. No
public comments were received.
Item 8.e. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING A SIDE LETTER OF AGREEMENT TO THE
ARROYO GRANDE POLICE OFFICERS' ASSOCIATION FY 2014/15 -
2015/16 MEMORANDUM OF UNDERSTANDING
WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best
interest of the City to approve a Side Letter of Agreement amending the Arroyo Grande
Police Officers' Association current -Memorandum of Understanding, which includes
modifications to salaries and benefits, as hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande that:
1. An amendment to the Memorandum of Understanding ("MOU") with the Arroyo
Grande Police Officers' Association ("AGPOA") is hereby approved, a copy of
said amendment entitled "Side Letter of Agreement, Modification · to
Memorandum of Understanding" is attached hereto, marked Exhibit "A", and
incorporated herein by this reference.
2. This Resolution shall become effective October 23, 2015.
On motion of Council Member . seconded by Council Member
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of '2015.
Item 8.e. - Page 3
RESOLUTION NO.
PAGE2
JIM HILL, MAYOR
ATTEST:
KITTY NORTON, DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THOMPSON, CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
Item 8.e. - Page 4
SIDE LETTER OF AGREEMENT
MODIFICATION TO MEMORANDUM OF UNDERSTANDING
Exhibit "A"
For valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City of Arroyo Grande ("City") and the Arroyo Grande Police
Officers' Association ("AGPOA") do hereby agree to modify the current Memorandum of
Understanding ("MOU") between the City and AGPOA as follows:
1. Article 29. Standby Status, shall be amended to add the following:
Section C.
Sworn full time employees assigned to the investigations function will be placed
on standby on a rotational schedule as determined by the Police Chief, or his/her
designee. Normally, the standby assignment shall be for a period of one week.
The standby assignment and compensation does not apply to employees that
are temporarily assigned to assist regularly assigned investigations personnel.
Standby is defined as that circumstance which requires an employee to: 1) be
ready to respond immediately to a call for service; 2) be readily available at all
hours by telephone or other agreed upon communication equipment; 3) refrain
from activities which might impair his/her assigned duties upon call; 4) and
· remain within a geographical area that provides for a physical response time not
to exceed forty-five (45) minutes. The parties agree that employees on standby,
as defined in this paragraph, are "waiting to be engaged."
The parties acknowledge that while on standby, employees may have to engage
in phone calls or other de minimus response activity. Phone calls or other
responses that are beyond de minimus, but do not require the employee to report
to duty are compensable time. Employees that physically respond to call outs
are entitled to callback pay as defined in Article 17. The parties agree that
employees responding while on standby will be given the option to flex their
schedules so as to avoid overtime whenever possible.
Sworn full time employees assigned to the investigations function shall receive
an additional 2.5% of base salary as compensation for standby assignment. ·
Item 8.e. - Page 5
AGPOA Side Letter of Agreement
Page2
For City of Arroyo Grande
Date
For Arroyo Grande Police
Officers' Association
Date
Item 8.e. - Page 6