HomeMy WebLinkAboutResolution No. 14-C31RESOLUTION NO. 14-C31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING A MAY 21, 2014, SIDE LETTER AGREEMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE
AZUSA CIVILIAN ASSOCIATION OF POLICE PERSONNEL EFFECTIVE
AUGUST 1, 2007 THROUGH JULY 31, 2014
WHEREAS, the City Council acknowledges the Civilian Association of Police Personnel as
the recognized employee organization representing those personnel occupying the positions
identified in the Memorandum of Understanding (MOU) between the City and the Azusa Civilian
Association of Police Personnel (CAPP), and
WHEREAS, the CAPP and City Staff have met and agreed to a side letter agreement
(Agreement) that modifies the work week and work schedule for Police Dispatchers, and
WHEREAS, the Agreement between the City of Azusa and the CAPP, is attached.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does
hereby approve the Agreement attached hereto and does direct the representatives of management to
affix their signatures thereon.
The City Clerk shall certify the passage of this Resolution.
PASSED, APPROVED and ADOPTED this 2nd day of June, 2014.
41,4/ero Rocha
Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 14-01 was duly adopted by
the City Council of the City of Azusa at a regular meeting thereof, held on the 2nd day of June,
2014, by the following vote of Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ROCHA
2
J r(, - t avCornejo, Jr.,
City Clerk
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF AZUSA
AND
THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL
This Side Letter of Agreement ("Agreement") between the City of Azusa ("City") and
the Civilian Association of Police Personnel (CAPP") (collectively "Parties") is entered into with
respect to the following:
WHEREAS, the parties' current Memorandum of Understanding ("MOU") expires on
July 31, 2014; and
WHEREAS, Article 10 of the parties' MOU addresses the workweek and work
schedule for employees in the bargaining unit; and
WHEREAS, the parties wish to modify their MOU related to the FLSA workweek and
work schedule for the Dispatchers in the bargaining unit
WHEREAS, the following memorializes the parties' agreement.
Attached to this Agreement are work schedules which shall be used when there
are both nine Dispatchers employed and ten Dispatchers employed by the City.
These work schedules are incorporated into this Agreement and are part of this
Agreement. The effective date of these work schedules is May 25, 2014.
The parties agree that for each of the Dispatchers who are scheduled to work a
3/12.5 work schedule; their FLSA workweek shall begin at exactly the half way
point of their shift on the day of the week on which their Supplemental Shift
occurs. Thus, for example, -for employees scheduled for a Supplemental Shift
of 10 hours, their FLSA workweek (which shall be used to determine the
overtime they receive for working more than 40 hours in a week) shall begin
five (5) hours after the start time of their scheduled Supplemental Shift. This
shall be their FLSA workweek used to calculate overtime compensation for
each workweek regardless of whether there is a Supplemental Shift during the
workweek. Shift selection will be based on seniority.
Employees scheduled to work a 3/12.5 work schedule will have a Supplemental
Shift which will occur every other pay period.
In the pay period in which no Supplemental Shift occurs, the employee
will be scheduled to work 37.5 hours per FLSA workweek (three 12.5
hour shifts). In this pay period of two FLSA workweeks, employees will
have the choice to use two and one-half hours of vacation or
compensatory time so that their regularly scheduled hours of 37.5 hours
when combined with the additional two and one half hours of leave will
result in the employee getting paid 40 hours each workweek of the pay
period. If the employee chooses to use two and one half hours of leave
in either of these workweeks, and the employee works any additional
hours outside of their regularly scheduled 37.5 hours, all additional
hours worked will be paid at time and one half the employee's regular
rate of pay. If the employee does not choose to use the two and one
half hours of leave in either of the workweeks of the pay period, if the
employee works additional hours during those workweeks, the hours
worked between 37.5 and 40 will be paid at straight time and the hours
worked above 40 will be paid at time and one half the employee's
regular rate of pay.
b. In the pay period in which the Supplemental Shift occurs, the employee
will be scheduled to work overtime since the employee's regularly
scheduled hours will exceed 40 hours in each week. If the employee
works additional hours in either of the workweeks of this pay period,
those hours will be overtime. For this pay period, the employee will be
paid for the regularly scheduled hours (which will include the overtime
described above) and the employee will be required to take cash wages
for the regularly scheduled overtime hours (cash wages are required to
include these hours as reportable compensation for PERS purposes)
but may choose compensatory time off for any additional overtime
worked.
4. The parties agree that to the extent permitted by law, the regularly scheduled
overtime worked by the employees in the pay period in which they work the
Supplemental Shift is special compensation and shall be reported as such to
CalPERS pursuant to Title 2 CCR, Section 571(a)(5) "Statutory Items".
5. Pursuant to Article 10.1 of the parties' MOU, any dispatcher scheduled to work
a 4/10 work schedule shall have his/her FLSA workweek begin at 12:01 a.m. on
Sunday and shall end exactly 168 hours later at 12:00 a.m. the following
Sunday.
6. If either party to this Agreement wishes to modify it, it may request that the
other party meet in accordance with the provisions of the MOU between the
parties.
7. The parties agree that this Agreement is not intended to modify any aspect of
the MOU or the Side Letter of Agreement entered into on February 18, 2014,
except for the provisions setting forth the beginning and ending time of the
FLSA workweeks for employees working the 3/12.5 work schedule, for the
provision of a 3/12.5 work schedule in addition to the existing 4/10 work
schedule and by providing the agreed upon work schedule unless and until
modified in the future.
The parties agree that they will revisit
2014 and that either party may,
negotiations to modify this side letter.
FOR THE CITY OF AZUSA
--NTllw,(-,1c-�-�
Theresa St. Peter, Interim HR Director
this side letter in the month of November
during that month request to reopen
�\-;7A �
Date'
mes Maks noff, City Manager Date
FOR THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL
Kel i Mc h, President
rlc.
Rose Rodrigu , Secr tary
L�9 ` 1`'
Date
�, -- iY
Date I
_
Date
Week 1 / Week 2
9 person Schedule
Week 1 &
Week 2
9 person
Day Shifts 0600-1830
Night Shifts 0600-1830
NS is a 4/10 shift 2000-0600
OT 13.5 hrs vacant every Weds. / Post 0630-2000 hrs OT 3.5 hrs vacant every week / Weds & Thurs. Mornings Post/Payback Dispatcher has Of priority
Sun
Mon
Tues
Wed
Thur
Fri
Sat
Sun
Mon
Tues
Wed
Thur
Fri
Sat
PB 0830 -
DS
1330//1330-
X
X
X
X
X
1830
X
X
D2
Week 3
PB
X
X
X
X
X
X
X
03
X
X
X
X
PB 0830-
X
X
X
1330//1330-
1830
D4
X
X
X
X
-
X
X
X
Week 4
PB
PB 1830-
N1
2330//2330-
X
X
X
X
X
0430
X
X
N2
Week 3
PB
X
X
X
X
X
X
X
N3
X
X
X
X
PB 1830 -
X
X
X
2330//2330-
0430
N4
X
X
X
X
Week
X
X
X
PB
N5 2000-
—t—
—
06004/10
X
X
X
X
X
X
no PS
OT Vacant
Shift 630-
X
X
X
0630-
x
X
X
X
0630-
2000
2000 ?
x
X
2000 ?
X
X
X
Vacant
X
X
X
0630-
0430-
X
X
0630-
0430-
0 ?
0600 ?
X
X
X
0830 ?
0600 ?
X
X
Week 1 &
Week 2
9 person
Day Shifts 0600-1830
Night Shifts 0600-1830
NS is a 4/10 shift 2000-0600
OT 13.5 hrs vacant every Weds. / Post 0630-2000 hrs OT 3.5 hrs vacant every week / Weds & Thurs. Mornings Post/Payback Dispatcher has Of priority
Week 3 Week 4
9 person Schedule
Week 3 &
week 4
9 PERSON
Day Shifts 0600-1830
Night Shifts 0600-1830
NS is a 4/10 shift 2000-0600
OT 13.5 hrs vacant every Weds. / Post 0630-2000 hrs OT 3.5 hrs vacant every week / Weds & Thurs. Mornings Post/Payback Dispatcher has OT priority
Sun
Mon
Tues
Wed
Thur
Fri
Sat
Sun
Mon
Tues
Wed
Thur
Fri
Sat
Dl
Week 1
PB
X
X
X
X
X
X
X
PS 0830-
D2
1330//1330
X
X
X
1830
X
X
X
X
D3
X
X
X
X
Week
X
X
X
PB
D4
X
X
X
X
PB 0830-
X
X
X
1330//1330
1830
N1
Week 1
PB
X
X
X
X
X
X
X
PB 1830-
N2
2330//2330
X
X
X
0430
X
N3
X
X
X
X
Week 2
X
X
X
PB
N4
X
X
X
X
PB 1830-
X
X
X
2330//2330
-T
-t
0430
NS 2000-
06004/30
X
X
X
I
Xrx
X
no PB
OT vacant
Shift 0630a
X
X
X
630-2000
X
X
630-2000
2000
2
X
X
X
X
X
X
X
2
vacantX
X
X
0630-
0430-
X
X
0630-
0430-
0830 ?
0600 ?
X
X
X
X
X
0830 ?
0600 ?
Week 3 &
week 4
9 PERSON
Day Shifts 0600-1830
Night Shifts 0600-1830
NS is a 4/10 shift 2000-0600
OT 13.5 hrs vacant every Weds. / Post 0630-2000 hrs OT 3.5 hrs vacant every week / Weds & Thurs. Mornings Post/Payback Dispatcher has OT priority
Week 1 / Week 2
10 person Schedule
Week 1 &
Week 2
10
person
Day Shifts 0600-1830
Night Shifts 0600-1830
NS is a 4/10 shift 2000-0600
DS is a 13 hr 20 min. shift 0630-2000 OT 3.5 hrs vacant every week / Weds & Thum. Mornings Post/Payback Dispatcher has OT priority
Sun
Mon
Tues
Wed
Thur
Fri
Sat
Sun
Mon
Tues
Wed
Thur
Fri
Sat
PB
D1
0830-
x
x
X
1330//1330-
X
X
X
X
1830
D2
Week 3
PB
X
X
x
X
x
X
x
PB
D3
x
x
x
x
x
x
%
0830-
1330//1330-
1830
D4
X
X
x
x
Week
%
%
%
PB
DS
X
X
X
X
X
x
%
%
PB
NI
3830-
x
X
x
2330//2330-
x
X
x
X
0430
N2
Week 3
PB
x
X
X
X
X
x
X
PB
N3
x
x
x
x
x
x
%
1830-
2330//2330-
0430
N4
x
X
x
X
Week
x
%
%
PB
NS 2000-
06M 4/10
X
X
X
no PB
X
X
X
Vacant X x % 0630-
0430 -
%
0630-
0430-
0830 ?
0600 ?
L%
%
x
%
x
x
0830 ?
0600 ?
Week 1 &
Week 2
10
person
Day Shifts 0600-1830
Night Shifts 0600-1830
NS is a 4/10 shift 2000-0600
DS is a 13 hr 20 min. shift 0630-2000 OT 3.5 hrs vacant every week / Weds & Thum. Mornings Post/Payback Dispatcher has OT priority
Week 3 / Week 4
10 person Schedule
Week 3 &
Week 4
30
person
Day Shifts 0600-1830
Night Shifts t 1800-0630
NS is a 4/10 shift 2000-0600
D5 is a 13 hr 20 min. shift 0630-2000 OT 3.5 hrs vacant every week / Weds & Thurs. Mornings Post/Payback Dispatcher has OT priority
Sun
Mon
Tues
Wed
Thur
Fri
Sat
Sun
MonD
Tues
Wed
Thur
Fri
Sat
Dl
Week 1
PB
PB 0830-
x
x
x
%
X
x
X
D2
1330//1330
1830
X
X
X
x
X
x
x
D3
%
X
X
X
x
x
x
Week
PB
P80830-
1330//1330
D4
x
x
%
x
x
X
x
1830
DS
3/13.20
no PB
X
x
%
x
X
x
X
X
NI
Week 1
PB
PB 1830-
x
x
X
X
x
X
x
N2
2330//2330
0430
x
X
x
x
x
X
x
N3
X
%
x
x
x
X
x
Week 2
PB
N4
%
X
x
x
X
x
X
PB 1830-
2330//2330
N5 2000-
M30
06004/10
no PB
x
X
x
x
x
x
Vacant
x
x
x
0630-
0830 ?
0430-
0600 ?
X
X
x
X
X
0630-
0830 ?
0430-
0600 ?
Fx
x
Week 3 &
Week 4
30
person
Day Shifts 0600-1830
Night Shifts t 1800-0630
NS is a 4/10 shift 2000-0600
D5 is a 13 hr 20 min. shift 0630-2000 OT 3.5 hrs vacant every week / Weds & Thurs. Mornings Post/Payback Dispatcher has OT priority