REPORT TO THE CITY COUNCIL
FROM: TJ MILLER, Interim Director
Personnel Services Department
BY: VANESSA PERALES, Human Resources Manager
Personnel Services Department
STEPHANIE HERNANDEZ, Principal Labor Relations Analyst
Personnel Services Department
SUBJECT
Title
***RESOLUTION - Adopt the 14th Amendment to the FY 2023 Salary Resolution No. 2022-152, amending Exhibit 8, Unit 8 - Non-Represented, by adding the new classification of Youth Jobs Corps Program Ambassador and providing a salary range of $15.50 - $19.50 per hour; Youth Jobs Corps Program Participant and providing a salary range of $15.50 - $19.50 per hour; Youth Jobs Corps Program Mentor and providing a salary range of $16.00 - $20.50 per hour; Airport Public Safety Officer and respective salary range; and Airport Public Safety Supervisor and respective salary range; deleting Exhibit 11, Unit 11 - Airport Public Safety Officers; deleting Exhibit 15, Unit 15, Airport Public Safety Supervisors (FAPSS); amending Section 13 to remove Exhibit 11, Unit 11, Airport Public Safety Officers and to remove Exhibit 15, Unit 15, Airport Public Safety Supervisors, and amending Section 18 to incorporate benefits and terms and conditions for permanent employees in classifications of Airport Public Safety Officer and Airport Public Safety Supervisor, retroactively effective May 22, 2023 (Subject to Mayor’s Veto)
Body
RECOMMENDATION
It is recommended that Council approve the Fourteenth Amendment to the FY 2023 Salary Resolution No. 2022-152, retroactively effective May 22, 2023, amending Exhibit 8 to add the new classifications and hourly salary ranges for Youth Jobs Corps Program Ambassador, Youth Jobs Corps Program Participant, Youth Jobs Corps Program Mentor, Airport Public Safety Officer and Airport Public Safety Supervisor, respectively; delete Exhibit 11 and Exhibit 15; amend Section 13 to remove Exhibit 11 and Exhibit 15; and amend Section 18 to incorporate benefits and terms and conditions for Airport Public Safety Officers and Airport Public Safety Supervisors.
EXECUTIVE SUMMARY
One Youth Fresno Jobs Corps Program
As the One Youth Fresno Jobs Corps Program continues to expand, it has been determined that job specifications specific to this YJCP Program are needed instead of utilizing the general City-wide Intern classification. It is recommended to add three (3) new classifications to Exhibit 8, Unit 8 - Non-Represented as temporary classifications throughout the duration of the grant, retroactively effective May 22, 2023, as follows:
• Youth Jobs Corps Program Ambassador classification will be utilized for the One Fresno Youth Ambassador Program in partnership with Community Based Organizations.
• Youth Jobs Corps Program Participant classification will be utilized for Participants employed by City departments.
• Youth Jobs Corps Program Mentor: this classification will be utilized to monitor, mentor and guide Program participants through their designated career pathway with regular check ins and assessments including career and skill building trainings and wrap around services.
There is no impact to the General Fund. The YJCP classifications will be funded solely by the Grant,
with funding distributed on a reimbursement basis.
Airport Public Safety Officers and Airport Public Safety Supervisors
The establishment of wages, hours, and other terms and conditions of employment for employees in bargaining units represented by a formally recognized employee organization are articulated in a Memorandum of Understanding (MOU) between the employee organization and the City of Fresno. MOUs as approved by Council provide direction and authority for compensating and providing benefits to employees represented by the employee organization, including items such as wages, premium pay, and health and welfare benefits. The Salary Resolution provides similar direction and authority for compensating and providing benefits to employees who are not represented by a formally recognized employee organization and are not covered by a negotiated MOU, employment contract, or other term and condition of employment. As of February 2023 and April 2023, respectively, employees in the classification of Airport Public Safety Officer in Exhibit 11 and employees in the classification of Airport Public Safety Supervisor in Exhibit 15 elected to decertify from representation from their formally recognized employee organization, Operating Engineers Local No. 3, effectively becoming unrepresented employees. As such, it is necessary to amend the Salary Resolution to delete obsolete references to Exhibit 11 and Exhibit 15, and incorporate wages, hours, and other terms and conditions of employment for employees in the classifications of Airport Public Safety Officer and Airport Public Safety Supervisor, and add the classifications to Exhibit 8, Unit 8 - Non-Represented, as follows:
Section 13: Remove reference to Exhibit 11, Airport Public Safety Officers, and Exhibit 15, Airport Public Safety Supervisors.
Section 18: Incorporate benefits and terms and conditions for Airport Public Safety Officers and Airport Public Safety Supervisors:
• Health and Welfare: provided consistent with other permanent City employees with an option to opt out;
• Pension and Social Security:
o Permanent full time employees shall be members of the Fire and Police Retirement System.
o Airport Public Safety Officers shall pay an additional 3% to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount.
o Airport Public Safety Supervisors
§ Tier 2 employees hired on or after June 29, 2015 shall pay an additional 3% to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount.
§ Tier 1 employees and employees in Tier 2 hired before June 29, 2015, including those employees in DROP, shall pay an additional 1% to the Fire and Police Retirement System, reducing the City contribution by the corresponding amount.
o COLA Adjustments: Incorporate provisions for Career-Rank Average Method DROP Members and Retirees and for Final Three Year Average Method DROP Members and Retirees.
o Permanent part time employees shall participate in the Social Security System and shall not be members of the Fire and Police Retirement System unless they meet specified criteria.
• Life Insurance and Long Term Disability for Permanent Airport Public Safety Supervisors
o Life Insurance for employees equal to the employee’s annual earnings, rounding up to the next $1,000 with a maximum benefit of $150,000.
o Long Term Disability Insurance for employees in accordance with terms of the City’s policy.
• Sick Leave: Incorporate accrual of 8.4 hours per month with a cap of 900 hours, include provisions for Protected Sick Leave as required by law.
• Supplemental Sick Leave: 40 hours credited each July 1 with a maximum accrual of 80 hours. Hours may be used once Sick Leave and Vacation Leave are exhausted, or as Protected Sick Leave in accordance with state law. Hours will be credited as a service credit on an hour-per-basis upon retirement, or cashed out at retirement or separation from the City.
• Vacation Leave
o Airport Public Safety Officers:
§ 8.4 hours per month for employees with less than 10 years of service.
§ 10.5 hours per month for employees with 10 or more years of service.
§ Accrual capped at twice the annual accumulation limit.
o Airport Public Safety Supervisors:
§ Employees hired before June 29, 2015:
• 10.5 hours per month for employees with less than 10 years of service with an accrual cap of 366 hours.
• 14 hours per month for employees with 10 or more years of service with an accrual cap of 420 hours.
§ Employees hired on/after June 29, 2015:
• 8.4 hours per month for employees with less than 10 years of service.
• 10.5 hours per month for employees with 10 or more years of service.
• Accrual capped at twice the annual accumulation limit.
o In the event an employee who requests Vacation Leave in the month prior to the month in which the accumulation limit would be reached are denied the leave shall have their Vacation Leave accumulation limit extended for 90 days during which time the employee shall be scheduled for Vacation Leave sufficient to reduce the employee’s balance below the accumulation limit.
• Holiday Leave:
o Airport Public Safety Officers: 8.4 hours per month with a cash out option of up to 48 hours or up to 10% by March 31st each year.
o Airport Public Safety Supervisors: 8.4 hours per month with a cash out option of up to 48 hours or up to 25% each fiscal year.
• Compensatory Time Off (CTO): Option to accrue 60 hours in lieu of cash payment for overtime hours worked, which may be used for time off, cashed out upon separation, or will be cashed out during the last pay period of each fiscal year.
• Premium Pay:
o P.O.S.T. Certificate Pay
§ Airport Public Safety Officers: 7% for Advanced P.O.S.T. Certificate.
§ Airport Public Safety Supervisors:
• 5% for Intermediate P.O.S.T. Certificate.
• 7% for Advanced P.O.S.T. Certificate.
• 9% for Supervisory P.O.S.T. Certificate.
• Certificate pay is not stackable.
o Night Shift Premium: $1.75 per hour for all hours worked between 7:00pm and 7:00am.
o Bilingual Pay: $100 per month.
• Uniform Allowance: $1,200 paid in semi-annual installments in June and December of each year.
• Health Reimbursement Arrangement (HRA): 80% value of all Sick Leave hours in excess of 240 for qualified employees to use for insurance premiums and qualified medical expenses upon retirement.
• Workers’ Compensation: Provided for full time and part time employees as required by state law.
• Acting: In the absence of an Airport Public Safety Supervisor an Airport Public Safety Officer who meets the minimum qualifications may act as a Supervisor upon approval of the Airports Director or designee and shall be paid the step of the higher class which is at least 3.5% higher than the base rate of pay received as an Officer.
• Hourly Rate of Pay: The equivalent of the monthly salary for the classification multiplied by twelve months then divided by 2,080 hours.
Exhibit 8: Add the classifications of Airport Public Safety Officer and Airport Public Safety Supervisor and respective salary ranges.
Exhibit 11: Delete the obsolete Exhibit in its entirety.
Exhibit 15: Delete the obsolete Exhibit in its entirety.
To implement these actions, it is necessary to approve the Fourteenth Amendment to FY 2023 Salary Resolution No. 2022-152.
BACKGROUND
One Fresno Youth Jobs Corps (YJCP) Program
On February 17, 2022, Council approved the 2021 Californians For All Youth Workforce Development Grant for the “One Fresno Youth Workforce Development Program” (“Program”). This Program is a Governor’s initiative administered by California Volunteers in partnership with cities across California and the City was awarded $7.4 million in funding to implement a youth workforce development program for youth ages 16-30 in the city of Fresno. This Program has facilitated the recruitment, training, mentorship and hire of residents for jobs in order to prepare them for future career opportunities with the City over a 2-year period through June 30, 2024. The City has also entered into service agreements with Community Based Organization (CBOs) to provide wrap-around services for participants that are hired for this Program. Wrap-around services include known and unknown barriers to employment such as childcare, transportation, work attire, mentoring and coaching services, etc. ensuring all participants do not have any barriers to employment. CBOs will also be solicited in partnership with the One Fresno Youth Ambassador Program to provide youth with exposure to career opportunities focused in community engagement through these eligible participating organizations.
The One Fresno Youth Jobs Corps (YJCP) program interest and recruitment process for Fellows began April 1, 2022, and the first Fellow was hired in May 2022. To date, the City has employed over 175 participants with over 15 career pathways throughout City departments. As City staff continues to evaluate and expand the Program, it has been determined that job specifications specific to this YJCP Program are needed instead of utilizing the City-wide Intern classification. At this time, the following new three (3) classifications are recommended to be added to Unit 8 as temporary job classifications through the duration of the grant:
• Youth Jobs Corps Program Ambassador: this classification will be utilized for the One Fresno Youth Ambassador Program in partnership with Community Based Organizations such as the Downtown Fresno Partnership focused in hospitality and clean up efforts.
• Youth Jobs Corps Program Participant: this classification will be utilized for Participants employed by City departments with the focused career pathways identified.
• Youth Jobs Corps Program Mentor: this classification will be utilized to monitor, mentor and guide Program participants through their designated career pathway with regular check ins and assessments including career and skill building trainings and wrap around services.
There is no impact to the General Fund. The YJCP classifications will be funded solely by the Grant,
with funding distributed on a reimbursement basis.
Airport Public Safety Officers and Airport Public Safety Supervisors
FMC 3-612, Revocation of Representation, governs a process by which employees represented by a formally recognized employee organization may file a petition with the Chief Administrative Officer (CAO) or designee to decertify from their formally recognized employee organization alleging the employee organization no longer represents a majority of members in the respective unit. Upon receipt of a valid petition, the CAO shall arrange for a secret ballot election whereby employees may vote to decertify from formal recognition.
In December 2022, Airport Public Safety Officers in Unit 11 submitted a valid petition to decertify from representation from Operating Engineers Local No. 3 (OE3). As required by the FMC, a secret ballot election was held in February 2023 and by a majority vote, represented employees elected to decertify from representation from OE3. Likewise, in March 2023 Airport Public Safety Officers in Unit 15 represented by OE3 filed a valid petition to decertify from representation. In April 2023 a secret ballot election was arranged and represented employees voted to decertify from representation from OE3 by a majority vote. With the successful vote of employees in each unit to decertify from representation, employees became non-represented employees.
As non-represented permanent employees, Airport Public Safety Officers and Airport Public Safety Supervisors are no longer covered by a negotiated MOU which provides direction and authority for compensating and providing benefits to employees; therefore, it is necessary to incorporate such provisions for incumbents into the Salary Resolution and modify references to the former Unit 11 and Unit 15 bargaining units.
The City Attorney’s Office has approved the Fourteenth Amendment to Salary Resolution No. 2022-
152 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
There is no impact to the General Fund. The YJCP classifications will be funded solely by the Grant, with funding distributed on a reimbursement basis.
Incorporating wages, hours, and other terms and conditions of employment provisions for Airport Public Safety Officers and Airport Public Safety Supervisors into the Salary Resolution will not result in increased wage or benefit expenses.
Attachments:
Resolution: Fourteenth Amendment to FY23 Salary Resolution No. 2022-152
Narrative: Fourteenth Amendment to FY23 Salary Resolution No. 2022-152 - Redline
Narrative: Fourteenth Amendment to FY23 Salary Resolution No. 2022-152 - Final
Salary Tables: Fourteenth Amendment to FY23 Salary Resolution No. 2022-152 - Redline
Salary Tables: Fourteenth Amendment to FY23 Salary Resolution No. 2022-152 - Final