2021/02/09 City Council Resolution 2021-017 RESOLUTION NO. 2021-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AMENDMENT TWO TO THE MEMORANDUM
OF AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND THE ROHNERT
PARK EMPLOYEES' ASSOCIATION (RPEA) REGARDING STAND-BY PAY
WHEREAS, on April 25, 2017,the City Council adopted Resolution No. 2017-047
approving and adopting a Memorandum of Agreement with the Rohnert Park Employees'
Association (RPEA); and
WHEREAS, on March 12, 2019,the City Council adopted Resolution No. 2019-026
approving and adopting Amendment One to the Memorandum of Agreement with the
Rohnert Park Employees' Association (RPEA); and
WHEREAS, the RPEA and City staff have met and conferred in good faith to amend
certain terms and conditions of the Memorandum of Agreement effective January 12, 2021;
and
WHEREAS, staff prepared the attached Amendment Two (Side Letter Agreement
dated January 12, 2021) to the Memorandum of Agreement; and
WHEREAS,the attached Amendment Two (Side Letter Agreement dated January
12, 2021) has been approved by representatives of RPEA.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby authorize and approve Amendment Two (Side Letter
Agreement dated January 12, 2021)to the Memorandum of Agreement for the RPEA,
effective January 12, 2021, which is attached hereto as Exhibit"A" and incorporated by this
reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute documents pertaining to same for and on be i. of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 9t •. •f Feb ary, 2021.
CIL Y II ' O RT '• '
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t, and • • e, Mayor
ATTEST:
Sylvia Lop evas, City Clerk
Attachments: Exhibit A
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EXHIBIT A
SIDE LETTER AGREEMENT BETWEEN
THE CITY OF ROHNERT PARK
AND
THE ROHNERT PARK EMPLOYEES’ ASSOCIATION
STAND-BY PAY
January 12, 2021
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, the current MOA does not include an appropriate mechanism to
compensate RPEA non-exempt employees placed on stand-by duty; and
WHEREAS, recently the need to place RPEA non-exempt employee(s) on stand-by duty
has arisen and ;
WHEREAS, compliance with the Fair Labor Standards Act requires the City have the
ability to appropriately compensate non-exempt employees for stand-by duty.
NOW THEREFORE, the parties agree as follows:
1. To add to the current MOA Sections 2.7 – 2.10 relating to Stand-by Duty as follows:
2.7 Stand-By Pay Eligibility
Employees that volunteer for stand-by will be designated/notified, in
writing, by their Department Head for a specific date(s) when business
needs require a non-exempt employee be placed on stand-by. No
employee is authorized nor approved for stand-by pay unless so
designated.
2.8 Weeknight Stand-by Pay
Employees scheduled to be immediately available on weeknights
(Monday through Friday) shall be considered to be on weeknight stand-
by dut y and shall be paid at a flat rate of $30.00 for each four hour shift
while on stand-by duty and available to handle calls.
2.9 Weekend and Holiday Stand-by Pay
Employees scheduled to be immediately available on weekend and
holiday stand-by duty shall be considered to be on stand-by duty and
shall be paid at a flat rate for a twenty-four hour period. The rate shall be
$30.00 for each four -hour shift.
2.10 Stand-by/Call-out Minimum Pay
Employees called out while on stand-by duty shall receive compensation
as specified in section 2.3
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: _____________