HomeMy WebLinkAboutResolution No. 18-7853-Adopting Side Letter Agmt to the 2017-2019 MOU btwn City of Downey and Downey Fire Mgmt. Assoc.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DO EY
ADOPTING THE SIDE LETTER AGREEMENT TO THE 2017-2019
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY FIRE MANAGEMENT ASSOCIATION
WHEREAS, on February 13, 2018, the City Council of the City of Downey adopted
Resolution No. 18-7779 approving the Memorandum of Understanding (MOU) between the City
of Downey (hereafter "City") and the City of Downey Fire Management Association (hereafter
"DFMA"); and
WHEREAS, subsequent to the adoption of the MOU, the City and the DFMA discussed
the issue of overtime compensation as it relates to Fire Battalion Chiefs and the Assistant Fire
Chief serving in a "first responder" or "emergency response" capacity; and
WHEREAS, the parties recognize the demands placed upon the City's Battalion Chiefs
and Assistant Fire Chief when responding to emergencies, including their service in the capacity
of Incident Commanders and Strike Team Leaders; and
WHEREAS, the parties believe that providing premium (i.e., time and one-half) overtime
compensation for Fire Battalion Chiefs and the Assistant Fire Chief who work in excess of their
regularly assigned weekly work shifts while performing "emergency response" duties is the
appropriate level of compensation to address those situations; and
WHEREAS, the parties agree that the continuation of the City's payment of straight time
overtime compensation for Fire Battalion Chiefs and the Assistant Fire Chief who perform
"administrative" type duties in excess of their regularly assigned weekly work shifts is the
appropriate level of compensation to address those situations; and
WHEREAS, the City and the DFMA have memorialized in a written Side Letter their
Agreement of compensating Battalion Chiefs and the Assistant Fire Chief at the rate of time and
one-half overtime for providing emergency response activities in excess of their regularly
assigned work shift.
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 Downey Fire Management Association.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
27th APPROVED AND ADOPTED this 271day of vember, 2018.
SEAN ASHTON, Mayor
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4ALaALICIA DU�ARTE�,MC
City Clerk
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 27 th day of November, 2018 by the
following vote, to
AYES: Council Members: Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton
NOES: Council Member: None.
ABSENT: Council Member: None.
ABSTAIN: Council Member: None.
4A4MA—L`ICIA D�UART�ECMC
City Clerk
This side letter memorializes an agreement reached between the City of Downey
("City") and the Downey Fire Management Association ("DFMA") to modify the 2017-2019
Memorandum of Understanding ("MOU") entered into between the City and DFMA. All other
terms and conditions of the existing MOU shall remain in full force and effect. The changes
are as follows:
Article V Section I shall be amended to Include the folloWinA:
Section 1. Compensation for Overtime. The nature of Fair Labor Standards Act (FLSA)
-,xempt employment for the Battalion Chief classification is such that intermittent, occasional
hours worked beyond the work schedule is needed to fulfill the responsibilities and
requirements of the position. Usually, additional time and effort are proportionate to the
importance and level of the Battalion Chief position. These factors of time and effort are
incorporated when the compensation level of the FLSA exempt position is established. The
parties agree that additional compensation shall be provided for such hours worked beyond
the work schedule (see 29 CFR 541.604). Accordingly, in those instances where a Battalion
Chief works beyond the regularly assigned work schedule for a Battalion Chief, his/her pay for
such time shall be as follows:
A. Straight Time. All authorized hours worked beyond the employee's regularly
assigned work schedule performed in an "Administrative" capacity shall be paid at
straight time, This includes, but is not limited to, extra hours worked off duty,
excluding shift work or emergency responses, such as attending staff meetings,
providing or receiving staff training, serving on examination panels, and addressing
other administrative matters.
B. Time and One -Half. All remaining authorized hours worked beyond the employee's
regularly assigned work schedule not considered "Administrative" in nature, as noted
above, shall be paid at time and one-half (1.5) the regular rate of pay for such
employees. This includes all hours worked on duty in a suppression capacity during
a shift assignment as a Battalion Chief, This also includes all assignments worked
as part of a Strike Team, serving as a task force leader, or any assignment requiring
response to emergencies.
An employee may elect to accumulate compensatory time in lieu of taking additional
compensation for hours worked beyond the work schedule. Hours worked in shift trade shall
be excluded as hours worked.
This new provision regarding additional compensation for hours worked beyond the work
schedule will become effective upon City Council approval with no retroactivity. This provision
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shall not alter the FLSA exempt status of the Battalion Chief position, which is and remains
classified as an FLSA exempt position (see 29 CIFIR 541,604).
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John J—O-U4i-)SsiSI!�C`it*y Manager Date I/
10 Z-
DanHurlock, Fire Battalion Chief Date
Assistant Fire Ch)Date
Mike Whitney, Fire Battalion Chief Date
)iette M. Abich Garcia, City Attorney Date
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