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HomeMy WebLinkAboutFresno Police Officers Association, Unit 4 - Non-Mgmt Side Letter of Agreement, Transfer Portal 06-29-2022DocuSign Envelope ID: 8879FF4E-5922-40A3-8C46-FBC25EAB665F Side Letter of Agreement Between City of Fresno and Fresno Police Officers Association Transfer Portal The City of Fresno and the Fresno Police Officers Association (FPOA), representing Unit 4, Non-Management Police, have met and conferred, and have agreed to amend and replace Chapter 7, Section 7 .12, subsection 7 .12.02 in its entirety, as follows: 7.12.02 Patrol Work Schedule/Matrix (i.e .. Matrix time period) /Transfer Portal: (1) A platoon schedule will be in effect for personnel assigned to patrol ***duties. The platoon schedule will consist of a work week of five (5) ten-hour days followed by a week of three (3) ten-hour days or vice-versa, with a total of six (6) days off during the two (2) work weeks. (2) Patrol Matrix sign-ups are in the month of December. Every 12 months, all work assignment positions in the patrol matrix shall be declared open for the purpose of bidding by Sergeants, Corporals, * * * Officers, and Recruits according to date of hire as a Police Officer/Corporal/Recruits , or in the case of Sergeant , the date of promotion , for the district shift assignment, and days off and on preferences. For the purpose of bidding, Sergeants will precede Officers/Corporals/Recruits. (3) Personnel assigned to patrol who are on injury, long-term absence, or other absence status at the time of bidding will not be counted as part of the personnel assigned to the patrol * * * schedule and will not be allowed to participate in * * * schedule sign ups unless they have a medical release to return to work at * * * least fourteen (14) calendar days prior to the day of sign ups. (4) At the time of bidding, the number of shifts available for Officer/Corporal/Sergeant bid shall be equal to the number of member positions allocated to the patrol matrix. Personnel assigned to patrol who are on injury, long-term absence, or other absence status shall not sign up for a patrol shift, and for purposes of staffing, shall not be considered as currently assigned to the patrol * * * schedule. * * * (5) Nothing in the preceding sub-sections precludes moving probationary employees. Probationary Police Officers, Sergeants, or Recruits may be assigned at any time by Police Management to a district, shift, and detail with a notice of no DocuSign Envelope ID: 8879FF4E-5922-40A3-8C46-FBC25EAB665F Side Letter between the City and FPOA (Unit 4) Amending 7.12.02 Patrol Work Schedule/Matrix (i.e ., Matrix time period)/Transfer Portal Page 2 of 6 less than 14 calendar days before the start of their new assignment. (6) Assignments as a result of the bidding process will begin on the first day of the first pay period following January 1st of each year. * * * [§§ deleted] (7) Members assigned to patrol may submit a request for transfer to any squad to the Patrol Transfer Administrator (The Patrol Division Commander or their designee). The Transfer Administrator shall grant transfer requests to fill vacancies based on department seniority if the request would not cause staffing to drop below designated minimum staffing levels. In such cases where a granted transfer would cause staffing to drop below designated minimum staffing levels, the transfer shall still be granted if either of the following is applicable: (1) Such a transfer would relieve an equal or greater deficit in minimum staffing levels; or (2) such a transfer will be immediately backfilled by an incoming transfer or assignment. In the event that a transfer request cannot be granted, it will be held for future consideration until such time that the request can be granted, or the member withdraws the request. Transfer requests do not expire. There may be exceptional circumstances in which the granting of a transfer request creates a potential hardship in working conditions or work environment for a member or members. In such cases, the Department would meet with the Association regarding the exceptional circumstances justifying the denial of a transfer request. In such cases, the final authority to deny a transfer request rests with the Chief of Police. (8) Officers / Recruits being released from training to patrol duty will not be assigned to a vacancy that is the subject of a pending transfer request from a senior member. (9) Allowable transfers shall be granted as soon as practical after a vacancy becomes available, and never longer than two (2) full pay periods. Members will be notified by phone and department email of a granted transfer request. Upon being notified of a transfer request being granted, the member shall DocuSign Envelope ID : 8879FF4E-5922-40A3-8C46-FBC25EAB665F Side Letter between the City and FPOA (Unit 4) Amending 7.12.02 Patrol Work Schedule/Matrix (i.e., Matrix time period)n"ransfer Portal Page 3 of 6 have seven (7) calendar days to either accept or decline the transfer. If a member will be absent from work for longer than seven (7) calendar days, it is the responsibility of the member to notify the Transfer Administrator of their preemptive acceptance of any given granted transfer request. A failure to respond within seven (7) calendar days will be treated as the member declining the granted transfer. In the event the member declines the transfer request, the transfer request will be removed from the list of pending transfer requests. Declined transfers shall not count toward the member's limitation of one (1) transfer per calendar quarter. If accepted, the transfer will go into effect as soon as practical or within two (2) pay periods following the acceptance gate. (10) Members may request a mutual "swapping" of detail assignments through the Transfer Administrator. The request to swap shifts shall be granted, unless one (1) of the assignments being swapped is the subject of a pending transfer request from a member senior to the member filling the assignment. (11) Members returning to patrol from a special unit, whether voluntary or involuntary, or returning to regular patrol duty from a Corporal assignment, may select any patrol detail commensurate with their seniority. In such cases, no "bumping" will occur. The assignment will be considered "ghosted" until one (1) of the two (2) members vacates the detail. A member may not "ghost" a detail that is already being "ghosted". An assignment for members returning to patrol from a special unit or Corporal assignment shall not count toward the member's limitation of one ( 1) transfer per calendar quarter. (12) Members out on injury, long-term absence, or other absence status lasting thirty (30) calendar days or longer will be evaluated on a case-by-case basis to determine whether the assigned detail will be declared vacant for the purposes of transfer ava i lability. If a member has t h e i r assigned detail declared vacant under th is subsection, that member shall have exclusive rights to the "ghosting" of their vacated detail until the member: 1) returns to patrol duty in their vacated detail or another selected detail, 2) is assigned to a special unit, 3) or declares, in writing, to the Department that they waive their exclusive right to their detail. DocuSign Envelope ID: 8879FF4E-5922-40A3-8C46-FBC25EAB665F Side Letter between the City and FPOA (Unit 4) Amending 7.12.02 Patrol Work Schedule/Matrix (i.e., Matrix time period)/Transfer Portal Page 4 of 6 (13) (14) (15) A member returning to patrol duty from injury, long-term absence, or other absence status may select their prior held detail, or any patrol detail commensurate with their seniority. In such cases. no "bumping" will occur. The assignment will be considered "ghosted" until one (1) of the two (2) members vacates the detail. A member may not "ghost" a detail that is already being "ghosted". An assignment for members returning to patrol from injury, long-term absence, or other absence status shall not count toward the member's limitation of one (1) transfer per calendar quarter. If a hardship exists, a special request for a change in patrol detail assignment can be submitted. A member may submit one (1) request to the Chief of Police through the chain of command during a calendar year. The request will be considered based on the needs of the department. A response will be issued to the member within thirty (30) calendar days. Barring a training need, approved requests may be honored once a vacant assignment that addresses the hardship becomes available. Hardship requests in excess of one (1) per calendar year may be granted at the discretion of the Chief of Police. There is no limit on amount of voluntary transfer requests that can be submitted by a member. However, each member is limited to one (1) transfer per calendar quarter. Calendar quarters are designated as follows: First quarter is defined as months January, February, and March. Second quarter is defined as months April, May, and June. Third quarter is defined as months July, August, and September. Fourth quarter is defined as months October, November, and December. Members may be subject to involuntary assignment as part of the disciplinary process if it is demonstrated that the assignment will provide relief, correction, or future prevention in the matter pertaining to the disciplinary action. Involuntary assignments made as part of the disciplinary process shall be to the same shift possessed by the member prior to the reassignment. Any assignments made as a part of the disciplinary process must be approved by the Chief of Police. DocuSign Envelope ID : 8879FF4E-5922-40A3-8C46-FBC25EAB665F Side Letter between the City and FPOA (Unit 4) Amending 7.12.02 Patrol Work Schedule/Matrix (i.e., Matrix time period)/Transfer Portal Page 5 of 6 (16) A digital version of the Transfer Request Log will be kept current and maintained by the Program Administrator. The log will be accessible to all affected members via department computers. Only the Transfer Administrator or their designee shall have editing rights to the Transfer Request Log. (17) If the Chief of Police determines a reorganization of Police Department staffing is necessary for operational efficiency of the Police Department, the Chief of Police will consult with the Association within thirty (30) calendar days prior to the reorganization. (18) After the inception of the Patrol Transfer Program, both parties agree to meet within thirty (30) calendar days of written request by the other party, or by mutual agreement, to assess if it is in the best interest of the department and/or the members to continue the program. (19) By mutual agreement between the FPOA and the Chief of Police, a temporary moratorium of the Patrol Matrix sign-up can be implemented if/when the transfer portal program is adequately allowing for movement and transfers within Patrol Division. This Agreement shall be effective on the date below and will expire on June 16, 2024, unless the City and FPOA mutually agree to extend this Agreement in writing. If the parties do not agree to extend this Agreement, Chapter 7, Section 7.12, subsection 7.12.02 will revert to the language in place immediately prior to this Agreement. FOR THE FRESNO POLICE FOR THE CITY OF FRESNO: OFFICERS ASSOCIATION: OocuSigned by: l ~~:d~:~ B IEMILLER ~m§§Ji:1§Ji:N CHEZ FPOA President Director of Personnel Services DocuSigned by: PA A L 'E RRAMA Police Chief Date: June 29, 2022 DocuSign Envelope ID: 8879FF4E-5922-40A3-8C46-FBC25EAB665F Side Letter between the City and FPOA (Unit 4) Amending 7.12.02 Patrol Work Schedule/Matrix (i.e., Matrix time period)/Transfer Portal Page 6 of 6 APPROVED AS TO FORM CITY ATTORNEY'S OFFICE