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Home My WebLink AboutFresno Police Officers Assoc Unit 4 Side Letter of Agreement - Court Appearances - 8-31-23 DocuSign Envelope ID:46168F1 B-1557-4A54-9615-58F290684B9F Side Letter of Agreement Between City of Fresno and Fresno Police Officers Association Court Appearances The City of Fresno and the Fresno Police Officers Association (FPOA), representing Unit 4, Non-Supervisory Police, have met and conferred, and have agreed under the terms of this Agreement to replace Section 7.8 in its entirety, as follows: 7.8 COURT APPEARANCES Notwithstanding the provisions of FMC Section 3-117, the following rules shall apply to court appearances. Members qualifying under Subsection 7.8.01 below are not eligible for qualifying under Subsection 7.8.02 below, and members qualifying under Subsection 7.8.02 below are not eligible for qualifying under Subsection 7.8.01. 7.8.01 Scheduled Days Off — If a member receives a departmental notice or subpoena requiring a court appearance on the member's regularly scheduled day off, or on a vacation, or on a day off on CTO, or on a day off on holiday, or on a day off AWS which has been approved prior to notice and/or the member's receipt of a departmental notice or subpoena, and the member has not been released by the Court Liaison Office (CLO) by 1700 hours on the day prior to the court appearance from such departmental notice or subpoena vis-a-vis an electronic notification system, the member shall be considered to be on court appearance standby duty, and shall be compensated under Subsection 7.8.01(1) below. (1) Pay for court appearance standby duty, as described above, shall be one hour at one and one-half(1 %2)times the member's base rate of pay. A member may elect to take this as CTO in accordance with the provisions of Section 7.3.03 and Section 7.3.08. (2) Time spent on court appearance standby duty. shall not be considered hours worked. (3) in the event a member appears in court on a scheduled day off, or on a vacation, or on a day off on CTO, or on a day off on holiday, or on a day off via AWS,which has been approved prior to notice and/or the member's receipt of a departmental notice or subpoena, the member shall also be compensated for a minimum of four (4) hours at one and one-half times (1 '/2)the member's base rate of pay, or at one and one-half times (1 1/2) the member's base rate of pay for the actual time of the appearance, whichever is greater. This DocuSign Envelope ID:461681`1 B-1557-4A54-9615-58F290684B9F Side Letter between the City and FPOA (Unit 4) Amending 7.8 Court Appearances Page 2 of 4 compensable time starts at the time the member reports to court at the directed appearance time. In the event a member is advised of their need to immediately respond to court ("ASAP Go"), this compensable time starts at the time the member confirms with CLO the receipt of their"Go." (4) If a member is called off (canceled) within two (2) hours of the member's directed appearance time, the member will receive the minimum of four (4) hours at one and one-half (1 Y2) times the member's base rate of pay. If a member is called off(canceled) more than two (2) hours prior to the member's directed appearance time, the member will not be compensated beyond the court appearance standby pay. 7.8.02 Scheduled Work day - If a member receives a departmental notice or subpoena requiring a court appearance on a regular day of work outside their shift hours, and the member has not been released by the Court Liaison Office by 1700 hours on the day prior to the court appearance from such departmental notice or subpoena vis-a-vis via an electronic notification system, the member shall be compensated under this Section_ (1) Pay for court appearance standby, as described above, shall be one (1) hour at one and one-half (1 '/2) times the member's base rate of pay. A member may elect to take this as CTO in accordance with the provisions of Section 7.3.03 and Section 7.3.08. (2) Time spent on court appearance standby duty shall not be considered hours worked. (3) In the event a member appears in court on a scheduled work day, the member shall also be compensated for a minimum of three (3) hours at one and one half(1 %)times the member's base rate of pay, or at one and one-half(1 %) times the member's base rate of pay for the actual time of the appearance, whichever is greater. This compensable time starts from the time the member reports to court at the directed appearance time. In the event a member is advised of an "ASAP Go," this compensable time starts at the time the member confirms with CLO the receipt of their"Go." (4) If a member is called off (canceled) within two (2) hours of the member's directed appearance time, the member will receive the minimum of three (3) hours at one and one-half (1 1/) times the member's base rate of pay. If a member is called off(canceled) more than two (2) hours prior to the member's directed appearance time, DocuSign Envelope ID:46168FIB-1557-4A54-9615-58F29068489F Side Letter between the City and FPOA (Unit 4) Amending 7.8 Court Appearances Page 3 of 4 the member will not be compensated beyond the court appearance standby pay. 7.8.03 Where a member's appearance extends beyond the three (3) or four (4) hour minimum, the member shall be paid one and one-half times (1 Mz) the member's base rate of pay for the actual time of the appearance. 7.8.04 Electronic Hearings —In the event a member's appearance is required via telephone or other means of electronic communication in any judicial or administrative proceeding as a witness, the member shall be compensated at one (1) hour at one and one half (1 1/2) times the member's base rate of pay, or at one and one half (1 '/2) times the member's base rate of pay for the actual time of the appearance, whichever is greater. 7.8.05 The provisions of Subsections 7.8.01 and 7.8.02 supra, shall also apply to members required to appear in any judicial or administrative proceeding as a witness pursuant to subpoena, court order, or request of the District Attorney. This provision shall apply to all judicial proceedings (civil, criminal, or administrative) and Civil Service proceedings in which a member's presence is ordered, directed, or requested because of their employment as a Police Officer. 7.8.06 Where lateral officers receive a subpoena requiring a court appearance on behalf of the member's prior agency for work related duties, the department will adjust the member's work hours and/or days off, or at the department's discretion. pay overtime so the member can attend to the court process on duty. The member will be responsible for their travel expenses. 7.8.07 In the event a member is substituting as a result of AVVS on a regularly scheduled day off/vacation/holiday/CTO,the substituting member shall be compensated in accordance with compensation afforded under Section 7.8 for a member required to make a court appearance on their regularly scheduled work day. 7.8.08 The department and Association will continue to meet as needed to resolve concerns involving CLO program processes and applications. DocuSign Envelope ID:46168FI B-1 557-4A54-9615-58F290684B9F Side Letter between the City and FPOA (Unit 4) Amending 7.8 Court Appearances Page 4 of 4 0 This Agreement shall be effective on the date below until the implementation of a successor MOU. This subject will be addressed in the successor MOU. FOR THE FRESNO POLICE FOR THE CITY OF FRESNO: OFFICERS ASSOCIATION: DocuSirynr:l by: °WarnaoV" (A-t^il r B ND N 1EMILLER TJ MILLE FPOA President Interim Di C:0—Jersonnel Services Date: 6' 2)I APPROVED AS TO FORM CITY ATTORNEY'S OFFICE BY. Chief Assis t City Attorney