REPORT TO THE CITY COUNCIL
FROM: TJ MILLER, Interim Director
Personnel Services Department
BY: STEPHANIE HERNANDEZ, Principal Labor Relations Analyst
Personnel Services Department
SUBJECT
Title
***Approve a Side Letter of Agreement with the Fresno Police Officers Association (FPOA), for Unit 4 - Non-Management Police, regarding Court Appearances (Subject to Mayor’s Veto)
Body
RECOMMENDATION
It is recommended Council approve a Side Letter of Agreement with FPOA, Unit 4, regarding Court Appearances.
EXECUTIVE SUMMARY
A Side Letter of Agreement with FPOA would extend court appearance standby pay to employees who have received a department notice or subpoena for a court appearance on a day they are off on Absent with Substitute (AWS). Additionally, the Side Letter would provide court appearance pay to employees who are either on a scheduled day off or are required to appear outside of their regularly scheduled workday and are advised they need to immediately respond to court beginning the time they confirm they receive a notification to respond to court. Further, employees who have received a departmental notice or subpoena for a court appearance and the appearance is cancelled within two hours of the appearance time will receive court appearance pay at a minimum of three hours at one and one-half times the base rate of pay; employees who receive a cancellation more than two hours in advance of the appearance will not receive court appearance pay and are only entitled to court appearance standby pay. Finally, the Side Letter would allow employees to elect Compensatory Time Off (CTO) in lieu of court appearance standby pay when employees are on court standby on their scheduled workday outside of working hours.
BACKGROUND
The Memorandum of Understanding (MOU) between the City and FPOA, Unit 4, currently provides court appearance standby pay to employees who have received a departmental notice or subpoena requiring a court appearance on the employee’s scheduled day off or on a day off on Vacation Leave, Compensatory Time Off, or Holiday Leave. The proposed Side Letter of Agreement would expand court appearance standby pay to employees who are off on AWS, where an employee, with supervisor approval, may substitute for another employee who would like to take time off work.
Additionally, the MOU provides court appearance pay for employees on a scheduled day off at one and one-half times base pay for a minimum of four hours or actual time of the appearance, whichever is greater, beginning the time the employee reports to court at the directed time; and court appearance pay for employees on a scheduled workday required to appear in court outside of work hours at one and one-half times base pay for a minimum of three hours or actual time of the appearance, whichever is greater, beginning when the employee reports to court at the directed time. For employees required to appear on both a day off and on a scheduled workday outside of work hours who are advised that they are immediately required to appear, the Side Letter would provide compensation beginning the time they confirm they receive a notification to respond to court.
The MOU does not currently include provisions for employees who are have received a departmental notice or subpoena requiring a court appearance on either their scheduled day off work schedule workday outside of working hours who receive cancellation that their required court appearance is cancelled. The proposed Side Letter would provide court appearance pay to employees who are cancelled within two hours of the court appearance time, and clarifies that employees who are cancelled more than two hours in advance of the court appearance time will not receive court appearance pay but are still entitled to court standby pay.
Finally, employees who are have received a departmental notice or subpoena requiring a court appearance on their scheduled workday outside of working hours are currently eligible to receive court appearance standby pay of one hour at one and one-half times base pay. The proposed Side Letter would provide the option for employees to elect CTO in lieu of a cash payment for court appearance standby.
In addition to the above, there were some minor cleanup changes for clarity to existing provisions.
The City Attorney’s Office has approved the Side Letter of Agreement 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 Side Letter of Agreement has no fiscal impact.
Attachments:
Side Letter of Agreement between the City and FPOA: Court Appearances - Redline
Side Letter of Agreement between the City and FPOA: Court Appearances - Final