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