REPORT TO THE CITY COUNCIL
April 11, 2019
FROM: JEFF CARDELL, Director of Personnel Services
Personnel Services Department
BY: KEN PHILLIPS, Labor Relations Manager
Personnel Services Department
SUBJECT
Title
***Approve a Side Letter of Agreement with the City of Fresno Professional Employees Association (CFPEA) representing Unit 13-2 providing Court Standby Pay for Supervising Crime Scene Technicians (Subject to Mayor's Veto)
Body
RECOMMENDATION
It is recommended that Council approve the attached Side Letter of Agreement with the City of Fresno Professional Employees Association (CFPEA) representing Unit 13-2 - Non-Exempt Professional providing for court standby pay for Supervising Crime Scene Technicians.
EXECUTIVE SUMMARY
Supervising Crime Scene Technicians are required to stand by for court appearances in relation to their duties. There is currently no method for compensating employees for the requirement to be ready for duty on scheduled days off or on regular work days outside of normal work hours other than to offer them an opportunity to work at the Court Liaison Office while on standby. The proposed Side Letter of Agreement would provide an opportunity for standby pay.
BACKGROUND
Supervising Crime Scene Technicians have been treated as non-exempt, hourly employees under the "first responder" exemption in the Fair Labor Standards Act (FLSA). They are regularly summoned to testify in court regarding crime scene investigations. When they are required to standby for possible summons to court on days off or outside of their work shift, there is currently no means to compensate them for the requirement to be available. Other classifications with similar responsibilities in Unit 4, represented by the Fresno Police Officers Association (FPOA), and Unit 3, represented by the Fresno City Employees Association (FCEA) have MOU provisions which provide for court standby pay.
The Police Department requested that the City work with the City o...
Click here for full text