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HomeMy WebLinkAboutReso 2012-178RESOLUTION N0.2012-178 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. Resolution No. 2012-178 Page No. 2 Approved as to form by _ ` Glen R. G ogins r y orney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of September 2012 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, ayor ATTEST: ~ ~ ~~ Donna R. Noms, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-178 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of September 2012. Executed this 18th day of September 2012. ~~~ Donna R. Noms, CMC, City Clerk Presented by Exhibit "A" Resolution No. 2012-178 Page No. 3 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 ("Cit}~') and the Chula Vista Police Officers Association ("POA") hereby enter into this Side Letter ofAgreement and agree to the following terms: 1. [MOU exrtension) Unless otherwise speci&caIly indicated in this side letter, all ofthe existing terms and conditions of the current Memorandum ofUnderstanding ("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 - 3112.5 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 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. 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. Tlvs 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 shi$ will be paid in accordance with section 2.02 of the MOU 6. [2-year Trial Period] The first two years following implementation of the schedule set forth in paragraph 2 will be considered a trial period. At any time during this 2-year 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. If the committee does not reach a mutual agreement, then the Chief of Police shall have final authority. The committee may be composed of the following: a. Two (2) members chosen by the POA. Resolution No. 2012-178 Page No. 4 b. Two (2) members chosen by the Police Department, c. One (I) member chosen by the above four mutually, This member shall participate only in anon-binding advisoryrole. 7. [Continuation of Schedule after Trial Period) No later than 60 days prior to the termination ofthe 2-yeaz 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 Dame Date Name Dale For the City of Chula Vista Name Date Name Date