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HomeMy WebLinkAbout1996-02-05 City Council (12)City of Palo Alto Manager’ Report 2 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: Human Resources AGENDA DATE: February 5, 1996 CMR: 131:96 SUBJECT:Approval of Amendment to Palo Alto Peace Officers’ Association Memorandum of Agreement REQUEST Pursuant to a contract reopener provision, this is a request to approve an amendment to the current two- year agreement with the Palo Alto Peace Officers’ Association, covering the City’s 84 sworn non- management police employees for the period beginning July 1, 1994 and ending June 30, 1996. RECOMMENDATIONS 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 (PAPOA). The proposed amendment increases the annual in-lieu holiday benefit from 96 to 109 hours per year for Field Service Division Personnel. ~ POLICY IMPLICATIONS This agreement does not represent any change to existing policies. EXECUTIVE SUMMARY When the current contract with PAPOA was negotiated in 1994, the parties agreed to reopen negotiations in 1995 on the single issue of compensation for holidays. Following negotiations which concluded late in 1995, agreement was reached according to City Council authorization. The agreement (Attachment A) increases in lieu holiday pay from 96 to 109 hours per year for Field Service Division Personnel. The Field Service Division, which includes 50 of the 84 represented employees, provides 24 hour, seven-day coverage without regard to holidays. Instead of holidays, Field Service employees receive 96 hours of additional pay, which may alternately be CMR:131:96 Page 1 of 2 scheduled as time off. By increasing the "in lieu" hours from 96 to 109, the City becomes more competitive with the prevailing practices in other Police agencies. The Palo Alto Peace Officers’ Association membership has ratified the amendment, which is retroactive to July 1, 1995. This provision will be carded forward without further negotiations and become part of the Memorandum of Agreement to be negotiated for the time period beginning July 1, 1996. FISCAL IMPACT The total cost of the amendment to the agreement is $21,800. Funding for the contract amendment is provided in the 1995-96 budget. ENVIRONMENTAL ASSESSMENT This is not a project for purposes of the California Environmental Quality Act. ATTACHMENTS 1. Resolution Amending Section 1601 of the Merit System Rules and Regularions PREPARED BY: Susan Ryerson, M er of Employee Relations and Compensation DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: Manager CMR: 131:96 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 AND THE 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, 1994, and expiring June 30, 1996, and including an amendment to Section I0, which is effective retroactively to July I, 1995, is hereby incorporated into these Merit System Rules and Regulations by reference as though fully set forth herein. Said memorandum shal! 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 changes provided for in this resolution shall not affect any right established or accrued, or any offense 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. 1 960124 lsc 0031269 SECTION 3. The Council finds that this is not a project under the California Environmenta! Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED : AYES : NOES : ABSTENTIONS : ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney Mayor APPROVED: City Manager Director of Human Resources 2 960124 lac 0031269 ATTACHMENT A City of Palo Alto Palo Alto Peace Officers’ Memorandum of Agreement Section 10. Paid Holidays (a)All represented employees on leave of absence without pay shall not receive in- tieuh~lida,y,a~ea!d~i~g¢e~htea~eior any compensation for holidays occurring during such leave. (b) 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: (c)The following pertains only to represented employees working eight-hour, five- day or 9/80 assignments: (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 December 24 or 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 lO(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 2 considered a holiday. If December 24 and 31 fall on Sunday, then the preceding Friday will be designed 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 regular pay. (3)Employees covered under subsection 10(d) shall receive a floating day off with pay in each of the following months: March, April, June, August and December. Scheduling of the days off must be approved in advance by management. Days not taken off under this provision will be added to the vacation accrual subject to maximum accrual limitations.