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2024/07/23 City Council Resolution 2024-058RESOLUTION NO.2024-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A MEMORANDUM OF AGREEMENT WITH THE ROHNERT PARK PUBLIC SAFETY MANAGERS' ASSOCIATION (RPPSMA) FOR THE PERIOD OF JUNE 22, 2021— JUNE 30, 2025 REGARDING OPERATIONAL LIEUTENANT/BATTALION CHIEF COVERAGE WHEREAS, on June 22, 2021, the City Council adopted Resolution No. 2021-082 approving and adopting a Memorandum of Agreement with the Rohnert Park Public Safety Managers' Association (RPPSMA); and WHEREAS, the RPPSMA and City staff have met and conferred in good faith to amend certain terms and conditions of the Agreement effective July 14, 2024 ; and WHEREAS, staff prepared the attached Side Letter Agreement effective July 14, 2024 to the Memorandum of Agreement; and WHEREAS, the attached Side Letter Agreement effective July 14, 2024 has been approved by representatives of RPPSMA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Side Letter Agreement effective July 14, 2024 to the Memorandum of Agreement for the RPPSMA, 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 behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 23`d day of July, 2024. CITYA9FROHNERT PARK ATTEST: IGer iu ice, Mavor Pro Tern izabet Machado, Assistant City Clerk A RO tE S O FORM: Michelle M. Kenyon, City Attorney Attachments: Exhibit A ELWARD: RODRIGUEZ: YI%t4 SANBORN: PL4e GIUDICE: aj , - ADAMS: pi t A ES: (4 ) NOES:`(W ) ABSENT: ( � ABSTAIN: (��` )�` EXHIBIT A AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND THE ROHNERT PARK PUBLIC SAFETY MANAGERS' ASSOCIATION Operational Lieutenant/Battalion Chief Coverage The City of Rohnert Park (the "City") and the Rohnert Park Public Safety Managers' Association ("RPPSMA") entered into a Memorandum of Agreement effective June 22, 2021 — June 30, 2025 ("MOA"). The City and the RPPSMA are collectively referred to herein as the "Parties." The City and RPPSMA have met and conferred in good faith, in accordance with the Meyers-Milias-Brown Act ("MMBA"), concerning the terms and conditions of this Agreement (Operational Lieutenant/Battalion Chief Coverage). The specific provisions contained in this Agreement are intended to temporarily supersede any previous agreements, whether oral or written, regarding the matter contained herein. Further, except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the RPPSMA in the MOA shall remain in full force and effect. Whereas, Effective July 14, 2024, the following shall apply until Side -Letter expires on June 30, 2025: 1. Hours, Days and Period of Work (a) Public Safety Lieutenants: The primary workweek for Public Safety Lieutenants shall be a 4110 9/80, or the 2x4 Schedule. The hours, days and period of work shall be as follows: (i) Regular Days of Work for the 4110 Schedule -The regular workweek for employees assigned to the 4110 Schedule shall consist of four (4) consecutive workdays of ten (10) hours followed by three (3) consecutive days off. As may be determined from time to time by mutual agreement of an employee and his/her supervisor, the employee assigned to the 4110 Schedule may volunteer for a workweek other than defined in this section. (ii) Regular Days of Work for the 9/80 Schedule - The regular workweek for employees assigned to the 9/80 Schedule shall consist of four (4) consecutive workdays of nine (9) hours during one seven (7) day regular work period, followed by four (4) consecutive workdays of nine (9) hours plus one workday of eight (8) hours during the second seven (7) day regular work period. As may be determined from time to time by mutual agreement of an employee and his/her supervisor, the employee assigned to the 9/80 Schedule may volunteer for a work week other than defined in this section. (iii) Under the 2x4 schedule the work period is a 24-day period. Each Lieutenant is scheduled for eight (8) 24-hour shifts during the 24-day work period The pattern of the 2x4 schedule is to work 48 consecutive hours followed by 96 hours off. IZPPSMA members may be permitted work and respond from their personal Rohnert Park residence, for up to twelve (12) hours per shift upon the approval of the Director of Public Safety. (b) Deputy Chiefs: The regular workweek for Deputy Chiefs shall be a 5/8 Schedule, which shall consist of five (5) consecutive workdays of eight (8) hours during one seven (7) day regular work period. As may be determined from time to time by mutual agreement of an employee and his/her supervisor, the employee may volunteer for a work week other than defined in this section. Additionally, upon approval by the City Manager and Director of Public Safety, a Deputy Chief may work a 4/10 or 9/80 schedule. (c) Regular Work Period: A Regular Work Period shall be the seven (7) day work period beginning at 12:01 a.m. on Monday and ending at 12 midnight on Sunday. (d) In order to provide services to the community at all times during the day and week, the City will establish shifts. The City retains the authority to determine the regular start and end times and days of shifts and the authority to transfer an employee from one shift to another. (e) Shift Rotation for Lieutenants: Shift rotation for Lieutenants will occur generally every 224-n-iv{�tks disruption. Unless approved by the City ManageF. Lieutenants may Be! ve-1, ft,- , eenseeutive August to coincide with the patrol rotation. Sign-ups will be done on a seniority basis by time in grade except when on a person -by -person basis the Director determines a need to do otherwise In the event that more than three (3) Lieutenants are moving ass4mments at shift change the Director may elect to adjust the actual changes forward or back up to three (3) months to ensure operational continuity. 2. Holidays 2.1 Holidays Observed The holidays observed by the City will be: • "Independence Day' • The first Monday in September, "Labor Day" • The second Monday in October, "Ce s-Indigenous Peoples Day" • "Veteran's Day" • The fourth Thursday in November, "Thanksgiving Day" • Day after "Thanksgiving" • 12:00 Noon to 5:00 p.m. on December 24 • "Christmas Day' • "New Years Day" • The third Monday in January, "Martin Luther King, Jr. Day" • Friday proceeding "President's Day" • The third Monday in February, "President's Day" 0 The last Monday in May, "Memorial Day" Floating Holiday In addition to the recognized holidays identified in Section 2.1, each eligible employee shall be allocated one floating holiday (equivalent to 10 hours for a full-time employee) per fiscal year on July 1st. The floating holiday must be taken on (1) a workday within the same pay period as the employee's birthday; (2) a workday immediately preceding a City observed holiday; (3) a workday immediately preceding a City observed holiday; or (4) a workday falling within an approved annual leave. The floating holiday must be taken prior to June 30th of each year. The floating holiday will not be carried over from year to year and there shall be no cash value forthe floating holiday during employment or upon separation from the City. 2.2 Proclaimed Holidays Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. 2.3 Day of Mourning Each day that the Governor declares a day of mourning or special observance as a holiday for State employees if the declaration makes it applicable to City employees. 2.4 Alternate Day Off At the discretion of the Director of Public Safety, holiday pay may be authorized for unit members who are directed to work on any holiday observed by the City. Holiday Pay may be approved in lieu of granting the employee an alternate day off. Holiday Pay is calculated on a straight time basis. 3. Annual Leave Program Effective January 1, 2012, employees shall accrue the following Annual Leave: Years of Service (Inclusive) Monthly Accrual Rate Annual Accrued Hours 1 to 10 years 16.500 hours 198 11 to 15 years 19.333 hours 232 16+ years 22.667 hours 272 3.1 Effective January 1, 2012, employees shall not accrue any form of sick leave or disability wage, non -industrial or industrial. However, employees who have accrued fully -paid hours under the sick leave program for non -industrial illness and injury shall retain the balance of such hours accumulated as of January 1, 2012. Paid leave for approved absence due to injury or illness may be charged against this balance at the employee's discretion. Upon retirement from the City of Rohnert Park, an employee may convert any remaining sick leave balance to service credits pursuant to CalPERS regulations and procedures. 3.2 Annual Leave hours may be used to provide paid time off for any approved absence, including but not limited to vacation and illness. When annual leave is used for sick leave purposes, the City may require the employee to submit substantiating evidence of illness if a demonstrable pattern of abuse or evidence of fraud is identified. 3.3 An employee may accumulate annual leave credits up to a maximum of 550 hours of annual Leave. Accrual shall cease until the annual leave balance falls below the cap. 3.4 Accumulated annual leave shall be converted to cash upon separation from City service. 3.5 Employees who are off work on a paid leave shall accrue annual leave and maintain all other benefits to the extent consistent with the City's existing Personnel Rules, with any changes to the City's Personnel Rules subject to meet and confer. 3.6 Preference for leave scheduling will be on the basis of seniority within classification and/or as has been past practice. 3.7 Use of annual leave, sick leave. and related benefit time off for employee's regularly assigned to the Fire Division (2 x 4 or Kelly Schedule) shall be computed by a ratio of 0.71. 5.2 Administrative Leave The employees in RPPSMA shall receive one hundred (100) hours of Administrative Leave on July 1, 2017, and each July 1 thereafter during the term of this MOA. • • • •LM• • • a a • Beginning with the 2020-2021 fiscal year, the amount of unused Administrative Leave that may be paid in cash or its equivalent value applied towards an approved benefit program shall be reduced from 50 hours to 25 hours per fiscal year. Requests for pay of this leave shall be submitted to the Gty--M-apig-eFDirector of Hurnan Resources on or before brae --1 202I.December 15 of each year. Payment shall be made ne MA —re than30 days subsequent to - the appFeval of the Fequest by the City in the first full pay period of June. Administrative leave paid in cash shall be paid at the regular rate of pay, defined to include base salary and POST certification pay. Any unused Administrative Leave hours remaining on June 30, of each fiscal year shall expire and shall not be carried over to the subsequent fiscal year. Use of Administrative Leave is unrestricted. Use of Administrative Leave for employee's reRulariv assigned to the Fire Division (2 x 4 or Kelly Schedule) shall be computed by a ratio of 0.71. 7.3 CFitiral 1AGident Call OutCoverage Pay. Employees may be assigned to work additional hours. as authorized by the Director of Public Safety. 7.3.1 Critical Incident Call Out Pay For those unit members who are called out for critical incidents, they shall be entitled to time and one-half with a minimum of three (3) hours. Critical incidents are defined as events that occur very infrequently and would include incidents such as a major structure fire or a police homicide event. In order to receive pay pursuant to this Section 7.3, the overtime must be approved by the Director of Public Safety. The overtime provision will most often include call -out for the unit members on days other than during their regular days of work as may be determined from time to time by mutual agreement of an employee and his/her supervisor. The call back would not include routine assignments normally expected of unit members in the normal course of their assignments. This extra time spent on City business is compensated by the Administrative Leave hours provided each year. 7 3 2 Operational Lieutenant/Battalion Chief Coverage Pay Qualified employees subiect to the approval of the Director of Public Safety, may work extra shifts, up to a maximum of five hundred and twenty-eight (528) hours per fiscal year. to backfill for an absent Operational Lieutenant/Battalion Chief. Said assignment shall first be filled by voluntary sign ups and then offered to qualified RPPSOA members. before being mandatorily assigned to qualified RPPSMA members for shift coverage Emplovees working extra shifts shall be compensated at one and one-half times their patrol rate of pay. This provision shall apply to training assigned outside of standard working hours, when said training exceeds eight (8) total hours for those Lieutenants assigned to operations. For the City For the RPPSMA Marcela Piedra, City Manager Date: Andrew Smith, RPPSMA President Date: ? / i i/2 4