2019/03/12 City Council Resolution 2019-026 RESOLUTION NO. 2019-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A SIDE LETTER AGREEMENT BETWEEN THE
CITY OF ROHNERT PARK AND THE ROHNERT PARK EMPLOYEES'
ASSOCIATION TO PROVIDE COMPENSATION FOR DISASTER SERVICE
WORKERS
WHEREAS, on April 25, 2017,the Rohnert Park City Council adopted resolution 2017-
047 approving the Memorandum of Agreement(MOA)between the City of Rohnert Park and the
Rohnert Park Employees' Association("RPEA") for the period of April 30, 2017 through June
30, 2021; and
WHEREAS, State law declares all City employees disaster service workers; and
WHEREAS, in the event of a local declared emergency City employees may be required
to work as disaster service workers; and
WHEREAS, disaster service workers may be required to work hours in excess of their
normally scheduled 40 hours a week; and
WHEREAS, the RPEA MOA provides overtime compensation for non-exempt
employees working in excess of normally scheduled hours; and
WHEREAS, the MOA in section 2.4 specifically excludes overtime compensation for
positions that are exempt under the Fair Labor Standards Act; and
WHEREAS, a number of exempt positions in RPEA are likely to be required to work as
disaster service workers in the event of a local declared disaster; and
WHEREAS,the City wants the ability to provide additional compensation for exempt
employees working in excess of 40 hours in a week as disaster service workers during a local
disaster; and
WHEREAS,the City has negotiated a side letter with the RPEA providing such
additional compensation to RPEA Unit members as non-pensionable compensation equivalent to
the employee's straight time at the time of accrual.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the attached Side Letter Agreement between the City of Rohnert
Park and the Rohnert Park Employees' Association.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
1
DULY AND REGULARLY ADOPTED this 12th day of March, 2019.
CITY OF ROHNERT PARK
Gina.A37 o e Mayor
ATTEST:
I (4/1
oAnne M. Buergler, City Clerk
Attachment: Exhibit A
ADAMS: AAK___ MACKENZIE: 1r`'l,-STAFFORD: 44 CALLINAN: /VL E BELFORTE:
AYES: ( ) NOES: ( () ) ABSENT: ( 0 ) ABSTAIN: ( )
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2019-026
EXHIBIT A
SIDE LETTER AGREEMENT BETWEEN
THE CITY OF ROHNERT PARK
AND
THE ROHNERT PARK EMPLOYEES' ASSOCIATION
COMPENSATION FOR DISASTER SERVICES WORKERS
March 12, 2019
WHEREAS, on April 25, 2017, the Rohnert Park City Council adopted resolution 2017-
047 approving the Memorandum of Agreement (MOA) between the City of Rohnert Park and
the Rohnert Park Employees' Association("RPEA") for the period of April 30, 2017 through
June 30, 2021; and
WHEREAS, State law declares all City employees disaster service workers; and
WHEREAS, in the event of a local declared emergency City employees maybe required
to work as disaster service workers; and
WHEREAS, disaster service workers may be required to work hours in excess of their
normally scheduled 40 hours a week; and
WHEREAS, the RPEA MOA provides overtime compensation for non-exempt
employees working in excess of normally scheduled hours; and
WHEREAS,the MOA in section 2.4 specifically excludes overtime compensation for
positions that are exempt under the Fair Labor Standards Act; and
WHEREAS, a number of exempt positions in RPEA are likely to be required to work as
disaster service workers in the event of a local declared disaster; and
WHEREAS, the City wants the ability to provide additional compensation for exempt
employees working in excess of 40 hours in a week as disaster service workers during a local
disaster.
NOW THEREFORE,the parties agree as follows:
1. To add to the current MOA Section 2.6 Declared Emergency Situations—Exempt
Employees as follows:
2.6 Declared Emergency Situations—Exempt Employees
Exempt employees, when working as disaster service workers, shall be
eligible for overtime for hours worked beyond forty (40) hours in a work
week due to a City Council declared emergency. Such pay is non-
pensionable compensation. Overtime shall be equivalent to the
employee's straight time pay at the time of accrual, and shall not be
accrued as compensatory time. Under no circumstances shall an exempt
employee be paid overtime except under the circumstances set forth in
this provision, or as may be set forth by the Rohnert Park City Council.
This agreement is contingent upon approval by the City Council.
For the City of Rohnert Park: For the Rohnert Park
Employees' Association:
Darrin Jenkins, City Manager Angie Smith, RPEA President
Date: Date: