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HomeMy WebLinkAboutResolution No. 18-7846-Adopting the SideLetter to the 2017-2020 MOU w-Downey Police Officers' Associationi • • i' • i •' • • i i •-_ r • r r i ri WHEREAS, on October 2, 2017, the City Council of the 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 to changes to the MOU that are reflected in a Side Letter of Agreement between the City and the DPOA ("Side Letter Agreement") attached hereto as Exhibit A and incorporated herein by this reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. SECTION 2. The Side Letter of Agreement amends the MOU between the City of Downey and the DPOA. SECTION 3. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 11th day of September, 2018. SEAN A SHTON, Mayor r-1a11*1 AR ALICIADUARTE, C C City Clerk ""%ESOLUTION NO. I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 11th day of September, 2018 by the following vote, to wit: AYES: Council Members: Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton NOES: Council Member: None. ABSENT: Council Member: None. ABSTAIN: Council Member: None. arrlicia Duart�CM, City Clerk 7ZESOLUTION NO. SIDE LETTER OF AGREEMENT TO THE 2017-2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE • -S' ASSOCIATION UPON CITY COUNCIL APPROVAL This side letter memorializes an agreement reached between the City of Downey ("City") and the Downey Police Officers' Association ("DPDX) 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: 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 expenses to their 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 employee 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) hour after 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 RESOLUTION NO. 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 FLEA 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 DO EY ,, t. Carl Cha les, Police Chief eike'kara'ry, Human esources Director Gilbert diva, City Manager N Y Date ` ,V/y C I z Date 9 )1 Y o _ilzc Date RESOLUTION NO. 18-781 PAGE 5 Ralph Diaz, A President Date PI Me'rhla�ndez—, -D-OOAice President Date Justim� rentice, DPOA Treasurer Date Tod d A k Lq 0cod, DPOA Secretary Date Poa)d y rman, DPOA Member At Large Date APPROVED AS TO FORM: Yvette Abich Garcia, City Attorney Date t]