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Home My WebLink About2012/09/18 Item 06CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF -----CHULA VISTA September 18, 2012 Item +Q ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA " VISTA POLICE OFFICERS ASSOCIATION ("CVPOA") TO IMPLEMENT A HYBRID 3/12.5 STAFFING PLAN AND TO EXTEND THE CURRENT MEMORANDUM OF UNDERSTANDING AND SPECIFIED SIDE LETTERS BETWEEN THE CITY AND CVPOA SET TO EXPIRE ON JUNE 30, 2013 FOR AN ADDITIONAL ONE YEAR TO JUNE 30, 201 SUBMITTED BY: POLICE CHIEF REVIEWED BY: CITY MANAGER c?T~i TS 4/STHS VOTE:' YES NO X SUMMARY The City entered into negotiations with the Chula Vista Police Officers Association to amend the current Memorandum of Understanding (MOU) to implement a hybrid 3/12.5 scheduling plan for the Community Patrol Division of the Chula Vista Police Department. The agreement extends the current provisions of the MOU through June 30, 2014. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act [CEQA] and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060[c][3] of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council approves the resolution. 6-1 SEPTEMBER 18, 2012 Item (~ Page 2 BOARDS/COMMISSIONS RECOMMENDATION Not Applicable. DISCUSSION The City hired the Matrix Consulting Group, in part, to study the Police Departments' staffing model and provide recommendations to improve it. The Matrix Consulting Group provided a series of recommendations to the Police Department. The Matrix Consulting Group, in making the recommendations, explained the value of "proactive time," which was time spent outside of responding to calls for service. It was time where a patrol officer could be "proactive" in the community to conduct problem oriented policing, contact business owners, initiate traffic stops and other proactive activities that focus on crime problems in their beat. Matrix Consulting Group determined that the Police Department did not have sufficient proactive time available. The Matrix Consulting Group recommended the adoption of a 12-plan patrol schedule to increase proactive time. ~ - - To implement the Matrix Consulting Group's 12-plan patrol schedule recommendation, the City entered into negotiations with the Chula Vista Police Officers Association (CVPOA) to implement a new "Hybrid 3/12.5" (3/12.5) work schedule for all Community Patrol officers. During the discussions, CVPOA also proposed aone-year extension of the current MOU and attendant side letters set to expire June 30, 2013 to June 30, 2014. After discussions, the City and CVPOA reached a tentative agreement. The tentative agreement provides for a hybrid 12-plan. Under the hybrid 12-plan, the new work schedule would blend the current work schedule of officers working ten hours a day, four days a week (4/10) with a new work schedule consisting of 12.5 hours a day, three days a week. Essentially officers would be assigned to work either a 4/10 schedule Monday through Thursday or a 3/12.5 schedule Friday through Sunday. This new work schedule in Community Patrol will increase staffing levels on the high volume call-for-service days of the week (Friday through Sunday). The hybrid 12-plan would begin with Community Patrol Division Lieutenants in October 2012 and then with Community Patrol Division officers in January 2013. This change will require the City to enact the 7K exemption in the case of law enforcement as permitted by the Fair Labor Standards Act. The work period for employees assigned the 3/12.5 work schedule will be 160 hours in a 28-day cycle beginning at 00:01 on Friday and ending 28 days later. The agreement would also extend the current provisions of the MOU and attendant side letters until June 30, 2014. 6-2 SEPTEMBER 18, 2012 Item_~~ Page 3 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulation section 18704.2(a)(1) is not applicable. No other conflicts have been identified by staff or Councilmembers. CURRENT YEAR FISCAL IMPACT This agreement will not result in any new fiscal impacts to the fiscal year 2012-2013 General Fund. ONGOING FISCAL IMPACT The original expiration of this contract was June 30, 2013. All of the existing terms and conditions of the current Memorandum of Understanding ("MOU") and side letters dated 1/1/09, (Retiree Medical Trust participation); 1/26/09, (Wages); 8/26/09; (Compensatory Time); 10/13/09, (Bilingual Exam), and; 1/25/11, (Pension Contribution and Misc.) will be extended and remain in full force and effect through June 30, 2014. Approval of this resolution will extend the MOU through June 30, 2014. The fiscal impact beyond June 30, 2014 will be determined by the new MOU that will be the subject of future negotiations. It is the City Manager's intent to propose elimination of longevity pay from future contracts with the goal of offsetting the fiscal years 2015 and 2016 General Fund impact for the Department of Justice Office of Community Oriented Policing Services grant. The current MOU includes longevity pay of 3% for eligible employees as of July 1, 2012. Longevity pay will continue in fiscal year 2013-14. The estimated cost of longevity pay in fiscal year 2014 is $310,000. ATTACHMENTS: Proposed Agreement with Chula Vista Police Officers Association Prepared by: Edwm~d Chew, Adminastrative Services Manager, Police Department 6-3 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA POLICE OFFICERS ASSOCIATION ("CVPOA") TO IMPLEMENT A HYBRID 3/12.5 STAFFING PLAN AND TO EXTEND THE CURRENT MEMORANDUM OF UNDERSTANDING AND SPECIFIED SIDE LETTERS BETWEEN THE CITY AND CVPOA SET TO EXPIRE ON JUNE 30, 2013 FOR AN ADDITIONAL ONE YEAR TO JUNE 30, 2014 WHEREAS, the City of Chula Vista hired Matrix Consulting Group to conduct a comprehensive organizational review and staffing analysis of the Police_Department; and WHEREAS, Matrix Consulting Group found that the staffing levels in Community Patrol were not sufficient to provide adequate amounts of proactive enforcement for the community; and WHEREAS, Matrix Consulting strongly urged the Police Department to enact a 3/12 staffing plan in Community Patrol that would increase the amount of time for proactive enforcement; and WHEREAS, the City and the Chula Vista Police Officers Association (CVPOA) have engaged in labor negotiations to enact a hybrid 3/12.5 staffing plan; and WHEREAS, the City and CVPOA have reached a tentative agreement ("3/12.5 Agreement") with respect to implementing a hybrid 3/12.5 staffing plan and which is attached hereto as Exhibit A; and WHEREAS, the 3/12.5 Agreement also extends all of the existing terms and conditions of the current Memorandum of Understanding ("MOU") and side letters dated 1/1/09, (Retiree Medical Trust participation); 1/26/09, (Wages); 8/26/09, (Compensatory Time); 10/13/09, (Bilingual Exam), and; 1/25/11, (Pension Contribution and Misc.) set to end on June 30, 2013 for an additional one year to June 30, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: Section 1. That the foregoing Recitals aze incorporated into this Resolution by this reference. Section 2. That the 3/12.5 Agreement attached hereto as Exhibit A between the City of Chula Vista and the Chula Vista Police Officers Association is hereby approved and the City Manager or his designee is authorized to execute the aforementioned agreement. 6-4 Resolution No. Page 2 Presented by Approved as to form by ~~~~ Jim Sandoval Glen R. Googms foe GC City Manager City Attorney 6-5 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ ~„ /k Glen R. Googins City Attorney Dated: ~~~ ~ ~ SIDE LETTER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICERS ASSOCIATION AUGUST 30, 2012 6-6 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICERS ASSOCATION August 30, 2012 The City of Chula Vista ("City") and the Chula Vista Police Officers Association ("POA") hereby enter into this Side Letter ofAgreement and agree to the following terms: 1. [MOU extension] Unless otherwise specifically indicated in this side letter, all ofthe existing terms and conditions of the current Memorandum of Understanding ("MOU") and side letters dated 1/1/09, (Retiree Medical Trust participation); 1/26/09, (Wages); 8/26/09, (Compensatory Time); 10/13/09, (Bilingual Exam), and; 1/25/11, (Pension Contribution and Misc.) will be extended and remain in full force and effect through June 30, 2014. 2. [4/10 - 3/12.5 Schedule] Effective the first pay-period in January 2013, (01/11/13), a hybrid "4/10 - 3/12.5" work schedule will be implemented for officers. assigned to patron (excluding Traffic, Street Team/GSU, SRO, and Geographic Policing). Officers assigned to the 4/10 schedule will work Monday through Thursday, while officers assigned to the 3/12.5 schedule will work Friday, Saturday, and Sunday. 3. [Work period] The City has enacted the 7k exemption in the case of law enforcement as permitted by the Fair Labor Standazds Act. The work period for employees assigned the 3/12.5 work schedule will be 160 hours in a 28-day cycle beginning at 00:01 on Friday and ending 28 days later. 4. [10 hour pay-back] Because officers assigned to the 12.5 hour shift work 75 hours during a two week pay-period, they are required to work an additional 10 hour shift every 28 day cycle. This additional shift will typically be repaid by attending regularly scheduled bi-monthly 10 hour training days, and during opposing months, providing coverage when officers assigned to the 4/10 schedule attend their regularly scheduled training days. The training date will be determined by the department, 5. [Overtime] Overtime for officers working a 12.5-hour shift will be paid in accordance with section 2.02 ofthe MOU 6. [2-yeaz Trial Period] The first two years following implementation of the schedule set forth in pazagraph 2 will be considered a trial period. At any time during this 2-yeaz trial period, the POA and Police Department, at either party's request, shall meet to discuss changes to and/or issues with the schedule; when necessary, a committee with representation from both parties will be formed to further discuss and resolve these issues. Ifthe committee does not reach a mutual agreement, then the Chief of Police shall have final authority. The committee maybe composed of the following: a. Two (2) members chosen by the POA. 6-7 b. Two (2) members chosen by the Police Department. c. One (1) member chosen by the above four mutually. This member shall participate only in anon-binding advisory role. 7. [Continuation of Schedule after Trial Period] No later than 60 days prior to the termination ofthe 2-year trial period, the POA and Police Department, at either party's request, shall meet and confer to discuss continuation o~ and/or issues with the schedule in existence at that time; when necessary, a committee with representation from both parties will be formed to further discuss said continuation and/or resolve these issues. For CVPOA: ~~ o%z ame Date Name Date For the City of Chula Vista: Name Date Name Date 8~3a,~~~ 6-8