REPORT TO THE CITY COUNCIL
FROM: SUMEET MALHI, Director
Personnel Services Department
BY: JENNIFER MISNER, Assistant Director
Personnel Services Department
YER TAYLOR, Senior Human Resources Analyst
Personnel Services Department
SUBJECT
Title
Actions pertaining to the Fresno Police Officers Association, FPOA-Basic for Unit 4
1. ***Adopt a successor Memorandum of Understanding between the City of Fresno and Fresno Police Officers Association (Non-Management Police - Unit 4) (Subject to Mayor’s veto)
2. ***RESOLUTION - Adopt the First Amendment to FY 2025 Salary Resolution No. 2024-120, amending Exhibit 4, Unit 4 - Non-Management Police (FPOA), to provide a salary increase for respective classes as required by the Memorandum of Understanding between the City of Fresno and Fresno Police Officers Association (Non-Management Police - Unit 4) (Subject to Mayor’s veto)
Body
RECOMMENDATION
It is recommended Council (1) approve the attached successor Memorandum of Understanding (MOU) to implement wages, hours and other terms and conditions of employment for City employees in Unit 4, Non-Management Police, represented by FPOA; and (2) adopt the First Amendment to FY 2025 Salary Resolution No. 2024-120 to amend Exhibit 4.
EXECUTIVE SUMMARY
The City and Fresno Police Officers Association (Non-Management Police - Unit 4) reached a tentative agreement on a successor MOU which will replace the MOU that expired on June 16, 2024. The MOU provides for an agreement from June 17, 2024 through June 15, 2025, increases to wages, and other changes in terms or conditions of employment.
Upon Council approval of the First Amendment to the FY25 Salary Resolution, Exhibit 4 of the FY25 Salary Resolution will be updated to reflect the amended Exhibit 4 as approved by Council.
BACKGROUND
The City and Fresno Police Officers Association (Non-Management Police - Unit 4) started meeting in April 2024 to work towards reaching agreement on a successor MOU. The parties reached a tentative agreement on July 30, 2024. Members of the Unit ratified on August 8, 2024.
Significant changes to the MOU are summarized below.
• Term: June 17, 2024 through June 15, 2025.
• Salaries: FY25: 3% wage increase, effective June 17, 2024.
• Health Reimbursement Arrangement (HRA): Codify current process and add clarifying language throughout section.
• Premium Pay Modifications: Modify premium pay consistent with Labor Code 4850, continuing premium pay while on injury, long-term absence, or other absence status; add language discontinuing select premium pays after 60 days while on temporary light duty; identify the different subsections when listed; correct non-stackable premium pays; add clarifying language throughout; and specify if premium pays are compensable for retirement purposes.
• Association Business: Allow for a transition period for FPOA Leadership using Association leave hours.
• Military Leave: Add new Military Leave section under Leaves but refer to the Military and Veterans Code, FMC 3-111, and AO 2-19.
• Service Uniform Allowance: Codify practice that uniform allowance is paid via a separate direct deposit, allow members separating to get prorated uniform allowance on last paycheck, agree to replace Section 7.6.02 with Section 7.13.03(2) language, remove Section 7.13.03(2) completely, and renumber subsections with some minor edits.
• Police Reform / Reimaging Efforts: Remove Section 11.5 Police Reform / Reimaging Efforts.
• Transfer Portal: Incorporate Transfer Portal side letter of agreement into successor MOU with some minor edits.
• Minimum Staffing: Incorporate Minimum Staffing side letters of agreement into successor MOU with minor edits.
• Court Appearances: Incorporate Court Appearances side letter of agreement into successor MOU with minor edits, including specifying if compensable for retirement purposes.
• Assignment of Overtime Shifts: Incorporate Assignment of Overtime Shifts side letter of agreement into successor MOU, with format change consistent with the MOU and some minor edits.
• Filling Special Unit Assignments: Incorporate Filling Special Unit Assignments side letters of agreement into successor MOU with minor edits.
• Health and Welfare Trust: Language cleanup to accurately reflect that City and employee contributions are based on a percentage, and updates to remove obsolete cost sharing language.
• Protected Sick Leave: Change second paragraph of Sick Leave to Protected Sick Leave and renumber it to 7.11.02, remove AB 1522 language altogether, retitle Retirement Attendance Incentive section and renumber to 7.11.03, renumber Health Reimbursement Arrangement to 7.11.04, and strike out Section 7.11.04 completely.
• Holiday Leave & Special Holiday Leave: Codify the process and add clarifying language to both sections.
In addition to the above, there was language clean up throughout the MOU.
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 $3,381,187 to the General Fund and $3,531,004 to All Funds in FY25 for the term of the MOU, which expires June 15, 2025.
Attachments:
City of Fresno and FPOA-Basic MOU - Redline
City of Fresno and FPOA-Basic MOU - Final
Costing for Proposed FPOA-Basic MOU
Resolution - First Amendment to FY 2025 Salary Resolution No. 2024-120
Salary Tables - First Amendment to FY 2025 Salary Resolution No. 2024-120 - Redline
Salary Tables - First Amendment to FY 2025 Salary Resolution No. 2024-120 - Final