HomeMy WebLinkAboutItem No. 13 - Side Letter Agreement Between the City and the San Bernardino Police Officers Association (SBPOA)
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 17, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Rebekah Kramer, Assistant City Manager
Subject: Side Letter Agreement Between the City and the San
Bernardino Police Officers Association (SBPOA)
Recommendation
Adopt Resolution No. 2020-132 of the Mayor and City Council of the City of San
Bernardino, California, approving a Side Letter Agreement to the Memorandum of
Understanding (MOU) between the City of San Bernardino and the San Bernardino
Police Officers Association (SBPOA), amending Article VI-Working Conditions, Section
1: Work Schedules and Article III-Compensation, Section 3: Overtime, effective the first
full 28-day work period following Mayor and City Council approval.
Background
On August 7, 2015, the Mayor and City Council adopted Resolution No. 2015-173,
settlement agreement with the San Bernardino Police Officers Association (SBPOA),
approving the Police Safety Memorandum of Understanding (MOU) effective July 1,
2015 through June 30, 2020.
To provide for greater work-life balance to employees assigned to patrol, instead of the
existing 3/12 work schedule, SBPOA requested consideration for a 3/12.5 work
schedule consisting of twelve (12), twelve and one-half (12.5) hour workdays with one
(1) ten (10) hour workday over a 28-day period. Under the requested 3/12.5 work
schedule, employees would be scheduled for 160 hours in a 28-day period, which is
consistent with the number of scheduled work hours under the existing work schedules.
Police safety employees are currently assigned to one of the following schedules:
A. 5/40 work schedule consisting of five (5), eight (8) hour workdays for a total of
40-hours in a seven (7) day workweek.
B. 9/80 work schedule consisting of eight (8), nine (9) hour workdays, and one (1)
eight (8) hour workday split in two (2) four (4) hour periods for a total of 40-hours
in a seven (7) day workweek.
C. 4/10 work schedule consisting of four (4), ten (10) hour workdays for a total of
40-hours in a seven (7) day workweek.
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D. 3/12 work schedule consisting of three (3), twelve (12) hour workdays, and one
(1) ten (10) hour workday split in two (2) five (5) hour periods, for a total of40-
hours in a seven (7) day workweek.
Additionally, so the City does not incur overtime costs as a result of this side letter
agreement, amendments to the overtime definition in Article III, Section 3 are
recommended.
Discussion
The California Meyers-Milias-Brown-Act (MMBA) requires the City to meet and confer in
good faith on all matters relating to employment conditions and employer-employee
relations, including, but not limited to: wages, hours, and other terms and conditions of
employment with its bargaining groups. Pursuant to the MMBA, the City began
negotiations with the SBPOA for amendments to the work schedule provisions under
the MOU. After meeting and conferring in good faith, the City and the SBPOA have
reached an agreement to amend the MOU f
of the current 3/12 weekly work schedule, while others will be assigned to a 4/10 weekly
work schedule. Under a blended schedule, two work schedules are available for use in
patrol. Also, to ensure overtime is not incurred as a result of the 3/12.5 weekly work
schedule transition, the overtime definition in the MOU will require updates.
All existing work schedule options, regardless of the number of hours scheduled each
day, provide 40-hours in one workweek defined by the Fair Labor Standards Act (FLSA)
as any consecutive period of 168 hours (seven (7) consecutive 24-hour periods). With
the implementation of a 3/12.5 work schedule, one (1) workweek will consist of 47.5
hours and three (3) workweeks will consist of 37.5 hours for a total of 160 hours in a 28-
day period, the same number of scheduled hours as with the existing schedule options.
The workweek consisting of 47.5 hours includes one (1) 10-hour shift and the three (3)
12.5-hour shifts. The 12.5-hour shifts will be scheduled for Friday, Saturday and Sunday
of each week. The 10-hour shift will generally be scheduled on the Thursday adjacent to
a 12.5-hour shift. Employees assigned to work a 4/10 weekly work schedule, work four
(4) consecutive days of 10-hours each, either Monday through Thursday or Tuesday
through Friday.
The current MOU defines overtime, as all compensable hours in excess of the regular
scheduled workday or 40 hours per week. The existing language does not contemplate
overtime implications from the implementation of a 3/12.5 hour weekly work schedule in
the workweek employees are scheduled a total of 47.5 hours. As a general rule, an
employer must pay overtime for hours worked in excess of 40 hours per week. Under
Section 207(k) of the FLSA, commonly known as the 7(k) exemption, for employees
engaged in fire protection or law enforcement activities assigned to a 28-consecutive-
day work period are not entitled to overtime for hours in excess of 40 per week. To
neutralize the overtime impact of the new work schedule, it is necessary to implement
7(k) exemption of the FLSA with a 28-consecutive-day work period so that the 7.5 hours
are not paid at the higher overtime rate when employees are scheduled a total of 47.5
hours in one workweek. Additionally, under the 7(k) exemption, overtime will be
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compensated for hours in excess of 160 during the 28-day work period. Consistent with
the current provisions of the MOU, employees will continue to receive overtime for all
compensable hours in excess of their regularly scheduled workday.
The 3/12.5 schedule provides an opportunity for an enhancement of work-life balance
with one less day of commuting for police safety employees.
2020-2025 Key Strategic Targets and Goals
The proposed Side Letter Agreement to the Police Safety MOU approving a 3/12.5 work
schedule aligns with Key Target No. 2: Focused, Aligned Leadership and Unified
Community: Build a culture that attracts, retains, and motivates the highest quality
talent.
Fiscal Impact
There is no fiscal impact associated with the transition to a 3/12.5 work schedule.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-132, approving a Side Letter Agreement to the
Memorandum of Understanding (MOU) between the City of San Bernardino and the
San Bernardino Police Officers Association (SBPOA), amending Article VI-Working
Conditions, Section 1: Work Schedules and Article III-Compensation, Section 3:
Overtime, effective the first full 28-day work period following Mayor and City Council
approval.
Attachments
Attachment 1 Resolution 2020-- Side Letter
Attachment 2 San Bernardino Police Officers Association (SBPOA) Memorandum
of Understanding (2015 - 2020)
Ward: All
Synopsis of Previous Council Actions:
August 7, 2015 Mayor and City Council adopted Resolution No. 2015-173, adopting
the Memorandum of Understanding (MOU) between the City of San
Bargaining Unit of the City of San Bernardino Represented by San
Bernardino Police Officers Association (SBPOA).
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RESOLUTION NO. 2020-132
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING A SIDE LETTER AGREEMENT TO THE
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF SAN BERNARDINO AND THE
SAN BERNARDINO POLICE OFFICERS ASSOCIATION
(SBPOA) AMENDING ARTICLE VI WORKING
CONDITIONS, SECTION 1 WORK SCHEDULES AND
ARTICLE III COMPENSATION, SECTION 3 OVERTIME,
EFFECTIVE THE FIRST 28-DAY WORK PERIOD
FOLLOWING CITY COUNCIL APPROVAL
WHEREAS, on August 7, 2015, the Mayor and City Council adopted Resolution No.
2015-173, approving a settlement agreement with the San Bernardino Police Officers
Association (SBPOA); and
WHEREAS, to provide for a greater work-life balance to employees assigned to patrol,
the SBPOA requested consideration for a 3/12.5 work schedule; and
WHEREAS, the City and the SBPOA met and conferred in good faith and reached a
tentative agreement to amend the Memorandum of Understanding.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to execute the Side Letter
Agreement attached hereto and incorporated herein, marked as Exhibit A.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective the first full 28-day
work period following adoption.
Resolution No. 2020-132
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2020-132
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
EXHIBIT A
SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO(“CITY”) AND THE SAN BERNARDINO
POLICE OFFICERS’ASSOCIATION (“ASSOCIATION”)
The City and the Association hereby agree to amodification of the terms and conditions set
forth in the Memorandum of Understanding (2015-2020) between the City and the Association
(hereinafter referred to as “MOU”) as follows:
1.Article VI, Section 1, Subsection C of the MOU shall be revised to read as follows::
3/12.5 and 4/10 Work Schedules:
The Parties have agreed to implement a “blended schedule” for employees assigned to
patrol whereby some employees will work a 3/12.5 weekly work schedule and others
will work a 4/10 weekly work schedule.
Those employees assigned to work a 3/12.5 weekly work schedule shall work
three consecutive days of 12.5 hours each, inclusive of rest breaks and a paid 30-
minute meal period. During each 28-day work period, employees assigned to
work the 3/12.5 weekly work schedule shall also be scheduled to work one 10-
hour work shift, inclusive of rest breaks and a paid 30-minute meal period. The
12.5-hour shifts shall be scheduled for Friday, Saturday, and Sunday of each
week. The 10-hour shift will generally be scheduled for a Thursday so that it
will be adjacent to a12.5-hour shift, but exceptions may be made to schedule the
10-hour shift for other days in order to accomplish Department-wide training or
due to special assignments. The Parties agree to develop policies governing the
interaction between the 3/12.5 weekly work schedule and extended training of
three days or more, and other issues that may arise.
Those employees assigned to work a 4/10 weekly work schedule will work four
consecutive days of 10 hours each, inclusive of rest breaks and a paid 30-minute
meal period. The weekly schedule for employees assigned to work this shift
shall be either Monday through Thursday or Tuesday through Friday.
2.Article III, Section 3, Subsection B of the MOU shall be revised to read as follows:
Definition:
Overtime is defined as all compensable hours in excess of the regularly scheduled
workday or 40 hours per week. All overtime shall be reported in increments of 15
minutes and is non-accumulative and non-payable when incurred in units of less than 15
minutes.
Notwithstanding the above, for those employees assigned to work a 3/12.5 weekly work
schedule, overtime shall be defined as:
EXHIBIT A
All compensable hours in excess of 160 hours in a 28-day work period, hereby
adopted in accordance with Section 7(k) of the Fair Labor Standards Act, or
All compensable hours in excess of an employee’s regularly scheduled workday
except that in those weeks in which the employee is scheduled to work the 10-
hour shift, overtime shall be paid for compensable hours in excess of 47.5 hours.
For payroll purposes, employees assigned to work a 3/12.5 weekly work schedule will
be paid bi-weekly, with the 28-day work period will beingdivided into two 14-calendar
day pay periods: one pay period shall include 75 scheduled hours and the other 14-day
calendar day pay period shall include 85 scheduled hours.
3.This Side Letter Agreement shall become effective thefirst full 28-day work period
following City Council approval.
4.All other terms and conditions of the MOU will remain the same.
______________________________________________________________________
San Bernardino Police Officers’ AssociationCity of San Bernardino
Date: ____________________________Date: ____________________________