HomeMy WebLinkAbout1998-09-14 City Council (15)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
6
FROM:CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE:SEPTEMBER .14, 1998 CMR:367:98
SUBJECT:RESOLUTION AMENDING THE MEMORANDUM OF AGREEMENT
WITH PALO ALTO PEACE OFFICERS’. ASSOCIATION
RECOMMENDATION
This report recommends Council approval of the attached resolution amending Section 1601
of the Merit System Rules and Regulations regarding the Memorandum of Agreement
between the City of Palo Alto and the Palo Alto Peace Officers’ Association.
BACKGROUND
On August 10, 1998 (CMR:346:98), staff requested and received approval for the recently
negotiated agreement with members of the Palo Alto Peace Officers’ Association. One of
the provisions of the agreement provided for implementation of a 4/10 work schedule, with
details to be incorporated in a Memorandum of Agreement amendment and submitted for
Council approval at a later date. The details have now been completed and are included in
the amended sections of the Memorandum of Agreement which are attached.
DISCUSSION
During recent negotiations management and Association representatives agreed to provide
a 4/10 work schedule for sworn Investigative Services Division (ISD) and certain other
sworn personnel. This group was previously working a 9/80 work schedule. The 4/10
schedule will allow for additional detective coverage during evening hours and will facilitate
more favorable commute patterns and .fewer trips for employees.
The changes required to the Memorandum of Agreement include modification of night shift
differential hours, elimination of floating days off, definition of positions covered, work
week and work schedule modifications, holiday hour and pay changes and scheduling
changes for officers attending week-long training..
RESOURCE IMPACT
This request will not require additional budgeted resources.
CMR:367:98 Page 1 of 2
POLICY IMPLICATIONS
This request is consistent with existing City. policies.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
ATTACHMENTS
1. Resolution Amending Section 1601 of the Merit System Rules and Regulations
2.Specific sections of the Palo Alto Peace Officers’ Memorandum of Agreement to be
amended.
PREPARED BY: Susan Ryerson, Manager of Employee Relations and Compensation
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
~-E FLEMING
~ty Manager
CMR:367:98 Page 2 of 2
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 1601 OF THE MERIT SYSTEM RULES
AND REGULATIONS REGARDING THE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF PALO ALTO ANDTHE
PALO ALTO PEACE OFFICERS’ ASSOCIATION
follows:
The Council of the City of Palo Alto does RESOLVE as
SECTION i. Section 1601 of the Merit System Rules and
Regulations is hereby amended to read as follows:
"1601. Memorandum of agreement incorporated by
reference. That certain memorandum of agreement
by and between the City of Palo Alto and Palo Alto
Peace Officers’ Association, consisting of
Preamble and Sections 1 through 49, for a term
.commencing July i, 1998, and expiring June 30,
2001, is hereby incorporated into these Merit
System Rules. and Regulations by reference as
though fully ~et forth herein. Said memorandum
shall apply to all employees in classifications of
police officer trainee, police officer, police
agent, and police sergeant, except where
specifically provided otherwise herein.
In the case of conflict with this chapter and any
other provisions of the Merit System Rules and
Regulations, this chapter will prevail over such
other provisions as to employees represented by
said Palo Alto Peace Officers’ Association."
SECTION 2. The Memorandum of. Agreement (~MOA")
incorporated into the Merit System Rules and Regulations ("Merit
Rules") by Section 1 is a revision of the MOA incorporated into the
Merit Rules by Resolution No. 7789, and amends Sections 9, i0 and
23 of that MOA as shown on Exhibit "A", attached hereto and
incorporated herein by reference.
$.ECTION 3. The changes provided for in this resolution
shall not affect any right established or accrued, or any offense
980908 lae 0032030
1
or act committed, or any penalty of forfeiture incurred, or any
prosecution, suit, or proceeding pending or any judgment rendered
prior to the effective date of this resolution.
SECTION 3.. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Assistant City Attorney
City Manager
Director of Human Resources
980908 lae 0032030
EXHIBIT "A"
AMENDMENTS TO MEMORANDUM OF AGREEMENT
PALO ALTO PEACE OFFICERS" ASSOCIATION AND CITY OF PALO ALTO
JULY 1, 1998 -JUNE 30, 2001
Section 9. Night Shift Differential
Night shift differential shall be paid at the rate of 5% to
,~!l::ES~:::i~r,s~! for all hours worked between 6:00 p.m. and 8:00 a.m.
working a regular shift between 7:00 a.m. and 7:00 p.m.
Vacation pay for employees who regularly work night shifts shall include
appropriate night shift premiums, relating to night shift hours regularly worked.
Section 10. Paid Holidays
(a)All represented employees on leave of absence without pay shall not receive
in-lieu holiday accrual during such leave, or any compensation for holidays
occurring during such leave.
(b)Except for those employees covered under Section 10(c), all represented
employees must be in a pay status on the work day preceding a holiday to be
eligible to be compensated for the holiday.
(c)The following pertains only to represented employees assigned to a field
services watch.
Effective with the pay period including July 1, 1995, employees shall not
receive paid holidays, but in lieu thereof shall receive 4.19 hours straight
time pay, while in a pay status, to a maximum payment of 109 hours per
year.
In-lieu hours may be taken as pay or time off. Eligible employees will elect,
at the beginning of each fiscal year, the manner in which the in-lieu hours
will be taken. Hours under this provision will accrue each pay period while in
a pay status and will be paid semi-annually. If time off is elected under this
provision, such time off may be taken to the maximum of current accrual
(d)
balances and subject to management scheduling approval. Such time off
which is elected under this provision, but unused, will be paid off at the end
of the fiscal year.
The following pertains only to represented employees
(1)All such employees shall have the following days off with pay, subject
to 10(a) and 10(b) above and subject to the special provisions for
December 24or 31 explained below:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Second Monday in October
November 11
Thanksgiving Day
Day after Thanksgiving Day
December 25
Either December 24 or December 31, see below
Employees covered under subsection 10(d) shall be excused with pay for the
full work shift on either December 24 or December 31, provided however
that City facilities remain open with reduced staffing levels, that
Management retains the right to determine work schedules, and that neither
day be considered a holiday.for purposes of premium pay. If employees are
not excused pursuant to this provision, one shift of vacation credit will be
added to ’their vacation accrual.
In the event that any of the aforementioned days, except for December 24 or
December 31, falls on a Sunday, the following Monday shall be considered a
holiday. In the event that any of the aforementioned days falls on.a
Saturday, the preceding Friday shall be considered a holiday. If December 24
and 31 fall on Sunday, then the preceding Friday will be designated for
purposes of the holiday.
(2)Employees covered under subsection 10(d) who are required to work
on holidays listed in this subsection (except December 24 or 31) shall
be compensated for such work at the rate of one and one-half times
the basic salary for the hours worked, or shall receive compensatory
time off at the rate of one and one-half times the hours worked, in
addition to regula~ pay.
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_ . .._;. ,._L_~..,:__,~,,~u,,,,u ~,-" "L-,,,o days off ,-nust b~ app;owd
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(3) Allpersonnel.overed~under~Secti~n~.23(c) shall be paid !o! hours .of
paid 0f~.at-~theend of t!~eifiSca! year:
Section 23. Work Schedule
(a)Field~ServiceS.’41~10Schbd~le. The ten-hour day, four-day work week
schedule shall continue for all sworn Field Services Division employees, with
t-he-exception of ~,,o Staff Ass~stafttT.
The present days’ off rotation system shall remain in effect, except
that effective January 1, 1 992, the weeks beginning with "Sunday,
Monday, Tuesday off" shall be eliminated, and the rotation shall
advance directly from "Saturday, Sunday, Monday, Tuesday off" to
"Monday, Tuesday, Wednesday off."
A maximum of two fixed days off positions may be established on
each watch, at employee’s request. One position on each shift will
have Sunday, Monday and Tuesday off and one position will have
Thursday, Friday and Saturday off. Alternatively, other fixed days off
for the two positions on each shift, with opposing days off, may be
established. These alternative fixed days off shall be mutually agreed
upon by the employees and management.
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v v ~;Ik :iVlO’r~ua y- i i lUl oucly i ~ili i1~ iiUUl ~
Friday Off
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(f)
Sworn members of the Traffic Division, ...’.LI/VILI,
~ , shall work a ten-hour day, four-day work week
schedule. The Special Events Sergeant shall, upon request, ~,~ ~ ~uO
Subsection (c).
(d)
,(3)
basis to ’the late shift from :1200;to 2200 to provide evening :coverage.
up,with, each detectiVe’selecting ~.two weeks each quarter according-.to
a proto601 determined by seniority, needs of the division and needs of
the division:working the . ate detective shift"iduring each:week.
For all sworn employees who attend week long (40 hour) training, for the
week during which they attend training, their shift reverts to an 8-hour, 5-
day schedule.
As agreed:Date September 8, 1998
For:Palo Alto Peace
Officers’ Association
For:City of Palo Alto