REPORT TO THE CITY COUNCIL
FROM: SUMEET MALHI, Director
Personnel Services Department
BY: JENNIFER MISNER, Assistant Director
Personnel Services Department
STEPHANIE FOGLIO, Senior Human Resources Analyst
Personnel Services Department
NORMA DELGADO Senior Human Resources Analyst
Personnel Services Department
SUBJECT
Title
Actions pertaining to the Fresno Airport Public Safety Officers Association, FAPSOA for Unit 11
1. ***Adopt a new Memorandum of Understanding between the City of Fresno and Fresno Airport Public Safety Officers Association (FAPSOA - Unit 11) (Subject to Mayor’s veto)
2. ***RESOLUTION: Adopt the Fifth Amendment to FY 2025 Salary Resolution No. 2024-120, amending Exhibit 8, Unit 8 - Non-Represented to remove Airport Public Safety Officers and Airport Public Safety Supervisors from the exhibit; amending Section 18 to remove the benefits and terms and conditions for Airport Public Safety Officers and Airport Public Safety Supervisors; amending Section 13 to add Fresno Airport Public Safety Officers Association as Exhibit 11; and adding Exhibit 11, Unit 11 - Fresno Airport Public Safety Officers Association to provide a salary increase for respective classes as required by the Memorandum of Understanding between the City of Fresno and Fresno Airport Public Safety Officers Association (FAPSOA - Unit 11) (Subject to Mayor’s veto)
Body
RECOMMENDATION
It is recommended Council (1) approve the attached Memorandum of Understanding (MOU) to implement wages, hours and other terms and conditions of employment for City employees in Unit 11, Airport Public Safety Officers and Airport Public Safety Supervisors, represented by FAPSOA; and (2) adopt the Fifth Amendment to FY 2025 Salary Resolution No. 2024-120 to amend Exhibit 8, Section 18, and Section 13, and add Exhibit 11.
EXECUTIVE SUMMARY
The City and Fresno Airport Public Safety Officers Association (FAPSOA - Unit 11) reached a tentative agreement on a new MOU. The MOU provides for an agreement from July 1, 2024, through June 15, 2025, increases to wages, and other changes in terms or conditions of employment.
Upon Council approval of the Fifth Amendment to the FY25 Salary Resolution, Exhibit 8, Section 18, and Section 13 of the FY25 Salary Resolution will be amended and Exhibit 11 will be added as a new exhibit.
BACKGROUND
The City and Fresno Airport Public Safety Officers Association (FAPSOA - Unit 11) began meeting in July of 2024 to work towards reaching agreement on a new MOU. The parties reached a tentative agreement on October 1, 2024. Members of the Unit ratified on October 7, 2024. Prior to forming this new unit, the terms and condition of employment for the Airport Public Safety Officers and Airport Public Safety Supervisors were authorized in the Salary Resolution and will now be incorporated into the new labor contract between City and Fresno Airport Public Safety Officers Association (FAPSOA - Unit 11).
Highlights of the MOU are summarized below.
Previously Authorized by Salary Resolution:
• Health and Welfare: Health and Welfare benefits shall be provided as outlined in Section 16A, unless an employee elects the Health Insurance Opt Out.
• Bilingual Certification Program: Employees in this unit who successfully pass a City administered bilingual examination will receive premium pay of $100 per month.
• Pension for Airport Public Safety Officers: Airport Public Safety Officers in the Fire and Police Retirement system shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount.
• Pension for Airport Public Safety Supervisors: Employees in Tier 2 of the Fire and Police Retirement System, hired on or after June 29, 2015, shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System.
• Permanent Part Time Airport Public Safety Officers and Permanent Part Time Airport Public Safety Supervisors: Permanent part time Airport Public Safety Officers and permanent part time Airport Public Safety Supervisors shall participate in the Social Security System and shall not be members of the City of Fresno Fire and Police Retirement System unless they are transferring from a full-time permanent position in the City of Fresno Fire and Police Retirement System to a part time position, At separation from City employment, the individual elected a Deferred Vested status in the Fire and Police Retirement System or the individual is a retiree of the City of Fresno Fire and Police Retirement System and is reinstated from retirement by the City of Fresno Fire and Police Retirement Board in accordance with Fresno Municipal Code Section 3-334.
• Sick Leave: Employees shall accrue Sick Leave at the rate of eight point four (8.4) hours for each completed calendar month of employment. Employees shall not accrue additional Sick Leave once their balance reaches nine hundred (900) hours.
• Protected Sick Leave: All employees may use Protected Sick Leave consistent with California Labor Code section 233.
• Supplemental Sick Leave: On each July 1 employees shall be credited forty (40) hours of Supplemental Sick Leave with an accrual limit of forty (40) hours per year and up to a total lifetime maximum of eighty (80) hours.
• Holiday Leave: Employees shall accrue eight points four 8.4 hours per month in lieu of the Holidays recognized in FMC Section 3-116. Employees may request payment and be compensated for up to forty-eight (48) hours or ten percent (10%) of their holiday leave balance, whichever is greater, each fiscal year.
• Compensatory Time Off: An employee has the option to accrue CTO in lieu of cash payment for overtime hours worked for the first sixty (60) hours of overtime worked in a fiscal year. CTO may not be rolled over into the next fiscal year. Employees who have reached the maximum accrual (60) hours of CTO in a fiscal year shall be given cash payment for additional overtime hours worked.
• Uniform Allowance: Employees in this unit will receive $1,200 per year as a uniform purchase and maintenance allowance prorated and paid in semi-annual installments on the last pay period in December and June.
• Health Reimbursement Arrangement (HRA): The City currently maintains a Health Reimbursement Arrangement (HRA) that qualifies as a "health reimbursement arrangement" as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRAs.
• Workers Compensation: Notwithstanding the provisions of FMC Section 3-118, the percentage of wages or salary and benefits received by a full-time employee who suffers an injury or illness in the course and scope of City employment shall be paid in accordance with Labor Code 4850. Consistent with FMC Section 3-118, the percentage of wages or salary and benefits received by a part-time employee who suffers an injury or illness in the course and scope of City employment shall be in accordance with the State of California workers’ compensation laws set forth in the California Labor Code.
• Airport Public Safety Officer Temporary Assignment to Perform Duties of Absent Employees (Acting): In the absence of an Airport Public Safety Supervisor, Airport Public Safety Officers who meet the minimum qualifications of the Airport Public Safety Supervisor classification may be authorized by the Airports Director or designee to act as an Airport Public Safety Supervisor. For hours actually worked in an acting capacity, the employee will be compensated as an Airport Public Safety Supervisor such that the employee shall be paid the step in the Airport Public Safety Supervisor salary range which is at least three and one-half percent (3.5%) higher than the base rate of pay received as an Airport Public Safety Officer.
• Hours and Work Schedule: Employees are on a 14-day work period with a schedule consisting of three twelve (12) hour shifts in one week and four twelve (12) hour shifts in another week. As noted below, this work period and schedule can be changed with appropriate notice.
New/Updated to this contract:
• Term: July 1, 2024, through June 15, 2025.
• Salaries: FY25: 3% wage increase, effective July 1, 2024.
• Premium Pay: Established P.O.S.T Certificate Pay for Airport Public Safety Officers at 5% above the base rate of pay and Advanced P.O.S.T Certificate and Supervisory P.O.S.T Certificate to be 9% above the base rate of pay.
• Night Shift Premium: Established employees shall receive $2.30 per hour for all hours actually worked between 1900 hours and 0700 hours.
• Vacation Leave: Employees in this unit will be allowed to accumulate up to 330 hours of their annual accrual of Vacation Leave. Employees will accrue hours based on years of service - Less than 10 years 10 hours per month and more than 10 years 12 hours per month.
The City Attorney’s Office has approved the new MOU and Salary Resolution Amendment as to form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements.
LOCAL PREFERENCE
Local preference is not implicated because this item does not involve public contracting or bidding with the City of Fresno.
FISCAL IMPACT
Approval of the MOU and Salary Resolution Amendment will result in estimated additional salary and benefit expenses of $0 to the General Fund and $104,631 to All Funds in FY25 for the term of the MOU, which expires June 15, 2025.
Attachments:
City of Fresno and FAPSOA MOU
Costing for Proposed FAPSOA MOU
Resolution - Fifth Amendment to FY 2025 Salary Resolution No. 2024-120
Salary Tables - Fifth Amendment to FY 2025 Salary Resolution No. 2024-120 - Redline
Salary Tables - Fifth Amendment to FY 2025 Salary Resolution NO. 2024-120 - Final
Narrative - Fifth Amendment to FY 2025 Salary Resolution No. 2024-120 - Redline
Narrative - Fifth Amendment to FY 2025 Salary Resolution No. 2024-120 - Final