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Home My WebLink About11. Adopt Reso Adopting Side Letter Agmt to 2017-2020 MOU btwn City & Downey Police Officers' AsscItem No. APPROVED BY CITY MANAGER TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER BY: MIKE HARARY, DIRECTOR OF HUMAN RESOURCES SUBJECT: AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE OFFICERS'ASSOCIATION RECOMMENDATION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE SIDE LETTER AGREEMENT TO THE 2017-2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICL9 OFFICERS' ASSOCIATION ral On August 20 2018, staff reached agreement with the Downey Police Officers Association on contract 1nguage to implement a Mounted Horse Unit. The Mounted Unit will be comprised of sworn police personnel within the Department and is considered a "collateral 2ssignment." The Police Department has formed a Mounted Unit to provide the Downey community with an effective and innovative method of community policing that provides its citizens with safety and satisfaction. Downey Police Officers who are willing to provide their own horses, equipment, and expertise will be serving on the Mounted Unit during City and/or Department -sponsored special events. The agreement calls for compensation for sworn police officers (who are otherwise off-duty) at the rate of one (1) hour of paid compensatory time before deployment of the Mounted Unit, one (1) hour of paid compensatory time after each deployment, and overtime (time and one -halo pay for all hours worked during deployment. There is no additional compensation if the entire deployment occurs during the employee's regular work shift. Further details of this compensation provision are outlined in the attached Agreement. The attached Side Letter of Agreement is a product of a negotiation process involving the DPOA and City management representatives. This process was completed in accordance with State law and the City's Personnel Rules and Regulations. AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEPTEMBER 11, 2018 PAGE 2 Public Engagement. FISCAL IMPACT Funds are budgeted in the current FY 2018-19 Police Department budget. ATTACHMENTS Resolution .- Letter Agreement to th- DFA MOU 4 1 - i 1 1 1- •'• '! i Lei• • on Octoberi - City Councilof ' - City of Downey adopted Resolution No. 17-7748 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Downey Police Officers' Association (DPOA); and Subsequent to the adoption of the MOU, the City of Downey and the DPOA agreed tcl DPOA ("Side Letter Agreement") attached hereto as Exhibit A and incorporated herein by thi reference. i NOW, ' •`E, THE CITY COUNCIL OF OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SE91!QN�t The Side Letter of Agreement attached hereto as Exhibit A is approved f aiiia'•: SECTION 2.: The Side Letter of Agreement amends the MOU between the City of Downey an• the DPOA. SECTION'S. The City Clerk shall certify to the adoption of ,.• • APPROVED AND ADOPTED this 1 lt' day of September, 2018. 113-1 WN a on24 0 IVA• t MARIA ALICIA DUARTE,CMC City Clerk I HEREBY CERTIFY that the foregoing Resolution Was adopted by the City C uncil Co the City of Downey at a regular meeting held on the 1 1th day of September, 2018, by the following i, wit: I AYES: Council- NOE& Council- - ABSENT�. Council Member: ABSTAIN- i • i^ MARIA ALICIA DUARTE, CMC SIDE LETTER OF AGREEMENT TO THE 2017-2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE OFFICERS' ASSOCIATION EFFECTIVE: UPON CITY COUNCIL APPROVAL This side letter memorializes an agreement reached between the City of Downey ("City") and the Downey Police Officers' Association ("DPOA") to change the 2017-2020 Memorandum of Understanding ("MOU") entered into between the City and DPOA. All other terms and conditions of the existing MOU shall remain in full force and effect. The changes are as follows: Article III Section 8 shall be amended to include the following: Section G. Mounted Unit Assignment. The Downey Police Department has formed a Mounted Unit comprised of sworn police personnel within the Department. This is considered a "collateral assignment," separate from the officer's regular duties, which the officer has elected to voluntarily participate in. The purchase, monthly boarding (including all feed), insurance, and any veterinary or other related expensestotheir horse shall be at the sole financial responsibility of the participating officer. At the complete and full discretion of the Chief of Police, a qualified sworn member of DPOA with access to his or her own qualified horse may be assigned to the Mounted Unit. The Mounted Unit Officer and their horse will be considered "on -duty" during the periods outlined in the Downey Police Mounted Unit Policy, Section VIII On -Duty Status, therefore entitling the Mounted Unit Officer to compensation. Such ern to ee will be compensated as follows" 1. Each employee performing the assignment in the Mounted Unit will receive one (1) hour of paid compensatory time off before each deployment and one (1) hour of paid compensatory time off after each deployment, for a total of two (2) hours of paid compensatory time off at the overtime (time and one-half) rate, per deployment outside of their regular duties as full compensation for their time spent grooming, bonding, training, and any other horse -related matters. 2. However, if the entire deployment to the Mounted Unit occurs within an assigned employee's regular work shift, including the one (1) hour before and one (1) hourafter deployment, such employee will be compensated at their regular rate of pay for their regular work hours and not qualify for any additional paid compensatory time off for said deployment. 3. If part of the deployment to the Mounted Unit occurs outside an employee's regular work schedule, the employee will receive compensation for time spent above their 1 regular work shift, including one (1) hour of paid compensatory time off at one and one- half (1.5) times their regular rate of pay for either their preparation of the horse prior to deployment, or for their handling of the horse after deployment, whichever occurs outside their regular work shift. 4. If the entire deployment occurs outside an assigned employee's regular work shift, such employee will be provided with paid compensatory time off at the rate of one and one- half (1.5) times their regular rate of pay for one (1) hour prior to and one (1) hour after the deployment of their horse (for a total of two (2) hours at time and one-half in the form of paid compensatory time off). Said employee will also receive pay at the rate of one and one-half (1.5) times their regular rate of pay in the form of cash or paid compensatory time off for actual hours worked above their regular work shift which would have otherwise qualified for pay at this overtime rate. 5. The Downey Police Department will not compensate Mounted Unit Officers for horse grooming, bonding, training, or any other horse -related matters outside of the "On -Duty Status" periods. 6. It is the intent of the parties through the provisions of this agreement to fully comply with the requirements of the FLEA. Both parties believe that this agreement complies with all requirements of the FLSA related to the fair and appropriate compensation for off duty time spent caring, grooming, feeding, and otherwise maintaining their assigned horse, in compliance with the FLSA and interpretive cases and rulings. IT IS SO AGREED. CITY OF DOEY Carl Che les, Police Chief �f gik ar ry, Human qesources Director Gilbert Liva City Manager 2 Date ,V/y,C) Date 91 *z C) Date -111 • 9 a • Ralph Diaz, IOIA President A Paul Hernandez, D'POA,,ge President Justin's rentice, DPOA Treasurer :Tod -jZ*hod, DPOA Secretary 'goady " rman, DPOA Member At Large Yvette Abich Garcia, City Attorney :7 6D Date 1-56-119 Date -bate