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HomeMy WebLinkAboutFresno Police Officers Assoc Unit 4 Non-Supv Side Letter Agreement -Assignment of Overtime Shifts - 2-1-24 Side Letter Agreement Between City of Fresno And Fresno Police Officers Association Assignment of Overtime Shifts The City of Fresno ("City") and the Fresno Police Officers Association ("Association"), representing Unit 4, Non-Supervisory Police, collectively "parties," have met and conferred and agreed to this Side Letter of Agreement ("Agreement") regarding the process for assigning voluntary and mandatory overtime for employees in this Unit, hereinafter "members." The purpose of this Agreement is to establish clear and consistent protocols for the assignment of overtime shifts within the Fresno Police Department ("Department"). The parties understand that mandatory overtime ("MOT") may be required to maintain minimum staffing levels in patrol. These policies and protocols are established with the following goals in mind: Incentivize volunteerism so that the number of members being mandated to work overtime is minimized. Give members as much advance notice as possible to mitigate the disruption of work/ life balance. To spread the responsibility of fulfilling mandatory overtime shifts across the Department, while honoring seniority related to assignment of shifts. The parties agree to meet and confer over changes to Department Policy 216 (Staffing Levels), to include MOT provisions not addressed in this Agreement and/or to reinforce terms of this Agreement. The parties understand that Department Policy 216 must be consistent with the terms of this Agreement and in the event any provisions of Department Policy 216 conflict with terms of this Agreement, this Agreement shall govern. MOT will be administered under the following conditions and in conformity with Department Policy 216: ■ MOT shifts will be scheduled during a member's regular day off. 4 Members shall be compensated for working MOT pursuant to 7.3.03 and 7.3.08 of the Memorandum of Understanding ("MOU") between the parties. Members may volunteer for the voluntary overtime or MOT shifts of their choosing by calling the Duty Office Voluntary Overtime Line or via email. The remaining uncovered shifts will be assigned as MOT as early as possible but at least five (5) calendar days in advance of the assigned voluntary overtime or MOT shift. City of Fresno and Fresno Police Officers Association (FPOA) Side Letter of Agreement: Assignment of Overtime Shifts Page 2 of 5 Voluntary Overtime Members who are subject to mandatory overtime, i.e. not listed as Exempt Units / Personnel in this Agreement, may call the Duty Office Voluntary Overtime Line or email the Duty Office, advising they are available to work overtime on a volunteer basis. Members will provide their name, badge number, current assignment, available days/shifts, and contact number on the Voluntary Overtime Line or by email. m Members will be notified of assigned overtime shifts at least five (5) calendar days prior to the assigned shift. a After a member is assigned/granted a voluntary overtime shift, they cannot cancel or pass on the assignment unless a pass is used pursuant to this Agreement. Mandatory Overtime ® MOT will be assigned based on reverse seniority, with the least senior member who is eligible being assigned a shift first, in accordance with the MOT Log. -Members will be notified of assigned overtime shifts at least five (5)calendar days prior to the assigned shift. Members will be notified of assigned MOT shifts by Department email, through their chain of command, or by the Duty Office. • Members who work an MOT shift will be given credit on the MOT Log. • The Department has the discretion to assign MOT shifts above minimum staffing requirements in anticipation of members becoming injured, ill, etc., or for other than normal service pursuant to Department Policy 216 Section 216.3.3. Members will not be required to be available for receipt of MOT notifications on their days off. Special Units Officers and Sergeants • Special Unit members who are not receiving premium pay for Specialized Assignments ("flex pay") may only be assigned MOT shifts on the same Watch as their regular shift hours. • Special Unit personnel who are receiving flex pay may be assigned MOT shifts outside of their regular shift hours. Patrol Officers ! Ser eants • Officers and Sergeants in patrol can only be assigned MOT shifts consistent with their current regularly worked shift and may be assigned city wide MOT. Shift and Assignment Considerations Members must have at least eight (8) hours off between shifts. • Members must have at least one (1) day off per work week (Monday-Sunday). City of Fresno and Fresno Police Officers Association (FPOA) Side Letter of Agreement: Assignment of Overtime Shifts Page 3 of 5 Members may arrange for a replacement for their assigned MOT shift through Absent with Substitute ("AWS") with their supervisor's approval. o The substituting member must be of the same rank; must not be on injury, long-term absence, or other absence status; and must be eligible to work the MOT assignment pursuant to the terms of this Agreement. o Probationary Police Officers may utilize forty (40) hours total of AWS and non-probationary Police Officers may utilize one hundred twenty (120) hours total of AWS, including AWS for trading MOT shifts and AWS pursuant to 7.12.07 of the MOU between the parties, to take time off during any calendar quarter with no restriction on how many hours of AWS they can work during any calendar quarter. Probationary Police Officers needing to utilize more than forty (40) hours total of AWS and non-probationary Police Officers needing to utilize more than one hundred twenty (120) total hours of AWS to take time off during a calendar quarter may do so with District Commander approval. o Members wishing to provide a substitute must notify the Department at least twenty-four (24) hours in advance of the substitution by completing an OTTO entry for approval by the member's supervisor. The substitute must be satisfactory to the Department. If the substitute is determined not to be satisfactory substitute, the District Commander shall provide the reason(s) in writing within a reasonable amount of time. o The member who provides the AWS replacement will be given credit as having worked the shift on the MOT log. The substituting member will not receive credit on the MOT log. Overtime Lock The Duty Office will keep an MOT Log of all members eligible for MOT. The Duty Office will maintain a Pass Log for all used and unused passes of MOT eligible members. The overtime log will reset on the following calendar dates: January 1, April 1, July 1, and October 1 Passes Members are allowed one (1) "pass" per calendar year, which exempts them from MOT for one (1) set of days off. They will be returned to the eligible list upon returning to work. Unused passes do not roll over and passes cannot be donated or transferred. Members will have twenty-four (24) hours from the time they are notified of an assigned shift to use their pass. City of Fresno and Fresno Police Officers Association (FPOA) Side Letter of Agreement: Assignment of Overtime Shifts Page 4of5 Passes requested for MOT shifts on New Year's Day, Easter, 4tn of July, Halloween, Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve, will be granted by seniority. Additional passes may be granted on a case-by-case basis (e.g., for on-going trials, personal hardship, etc.) with concurrence of both the Patrol and Investigations Division Commanders. The Association will be advised of any such occurrences. Vacations I Conflicts Members will be exempt from MOT during scheduled annual vacation, provided a vacation calendar has been submitted in accordance with Department policy. This includes assignment of a shift or notification of assignment of a shift. Regular days off that are connected to annual scheduled vacation will be included in the above-described MOT exemption. ■ Special Unit vacation must be approved in advance consistent with the MOU. ■ When a conflict with an assigned MOT shift arises (e.g., contract policing assignments, court appearances, and investigative callouts), the Department will provide direction to the Duty Office and the member. Members who are exempted from an MOT shift because of a conflict will remain available for upcoming MOT shifts. Call offs by the De artment ■ Members may be called off a voluntary or mandatory overtime shift by the Department no less than ninety (90) minutes prior to the scheduled start of shift. Members called off on the same day as their assigned overtime shift by the Department will be compensated in a manner consistent with court stand by pay pursuant to 7.8.01(1) and 7.8.02(1) of this MOU. Members called off prior to the day of their assigned shift by the Department will not be entitled to compensation. Members will be notified of call offs by Department email, through their chain of command, or by the Duty Office. The inability of the Duty Office to reach a member by phone will not be construed as the Department not having fulfilled their call off notification obligation. ■ If a member is called off, the member will not be entered on the MOT Log as having worked a shift. Exem t Units / Personnel ■ Homicide ■ CRU • Air Support City of Fresno and Fresno Police Officers Association (FPOA) Side Letter of Agreement: Assignment of Overtime Shifts Page 5 of 5 Trainees in the FTO program (will become eligible upon assignment to the patrol matrix) Special Allowance The Association and Department recognize that there may be unusual or unforeseen circumstances (e.g., critical incidents, injuries, and mass illness) that results in a sudden, unexpected reduction of staffing. In such cases, the Department is relieved of the five (5) calendar days notification requirement and may mandate overtime shifts as needed to meet minimum staffing needs. The Association will be advised of any such occurrences. This Agreement shall be effective on the date below and shall expire on June 16, 2024, unless the City and FPOA mutually agree to extend this Agreement in writing. This Agreement may be modified with a subsequent Side Letter of Agreement upon mutual agreement of the parties. This subject will be addressed in the successor MOU. FOR THE FRESNO POLICE FOR THE CITY OF FRESNO- OFFICERS ASSOCIATION: NDON WIEMILLER JENNI ER MISNER FPOA President Assistant Director of Personnel Services Date. I Z APPROVED AS TO FORM CITY ATTORNEY'S OFFICE 7�NB . s tant City Attorney February 2, 2024 Council Adoption: 02/01/2024 Mayor Approval: TO: MAYOR JERRY DYER Mayor Veto: Override Request: FROM: C•TODD STERMER, CMC City Clerk SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the City Council meeting of February 1, 2024, Council adopted the attached Approve a Side Letter of Agreement with the Fresno Police Officers Association (FPOA), for Unit 4 - Non-Management Police, regarding Assignment of Overtime Shifts (Subject to Mayor's Veto) Item 2-S, File ID 24-175, by the following vote: Ayes : Perea, Arias, Maxwell, Chavez, Bredefeld, Esparza Noes : None Absent : Karbassi Abstain : None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before February 12, 2024. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 10th day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval. LPP�ROVE.D /N6 RETURN: VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) Date: c Jer yer, Mayor COUNCIL OVERRIDE ACTION: Date: Ayes Noes Absent ;7 Abstain r� C�`1 mC) 0 � { �L ci L-3 rn