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SIDE LETTER AGREEMENT
Between the City of Barstow and the Barstow Police Officers’ Association (BPOA)
Article 29-Overtime
__________________________________________________________________ WHEREAS, the City of Barstow (“City”) and the Barstow Police Officers’ Association (“BPOA”) entered into a Memorandum of Understanding effective July 1, 2026, through June 30, 2027 (“BPOA MOU”); and
WHEREAS Article 29 (Overtime) of the BPOA MOU requires overtime calculations in accordance with the Fair Labor Standards Act (FLSA).
WHEREAS effective retroactively to July 1, 2026, the parties desire to revert to the previous contract language found in Article 29, and past practice regarding the calculation of overtime, thereby restoring the overtime provisions that were in effect prior to the implementation of the current MOU language.
NOW, THEREFORE, the parties agree as follows:
1. Effective retroactively to July 1, 2026, Article 29 (Overtime) of the BPOA MOU is hereby repealed in its entirety and replaced to read as follows:
Association members are considered non-exempt employees for purposes of the Fair Labor Standards Act of 1938 and its subsequent amendments (FLSA).
It is the policy of the City to avoid overtime work whenever possible. In cases of emergency, however, or whenever public interest or necessity requires, any 453306.1
employee may be directed by proper authority, and in such cases, is expected to perform overtime work.
Overtime means all authorized hours worked by non-exempt employees in excess of their normal work period, regular work week, work day, or shift, unless otherwise established in a manner consistent with law.
All non-exempt employees who perform authorized overtime work shall be compensated for such work at the rate of one and one-half (1.5) times the regular hourly rate of pay multiplied by the number of overtime hours worked. For the purposes of calculating overtime, all hours in a paid status shall be counted as hours worked.
No overtime shall be recorded or reported for less than one-quarter (0.25) hour of work. All overtime work, except for emergency conditions, must have the approval of the appropriate supervisor prior to actual performance of the work. Failure to obtain such approval in advance may be justification for disapproval of any overtime compensation and / or discipline.
2. Except as expressly provided herein, all other terms and conditions of the BPOA MOU, shall remain in full force and effect.
For the City of Barstow
For the City: __________________________________________________________ Rochelle Clayton, City Manager
Date: _________________________
For the Barstow Police Officers’ Association
BPOA President: ______________________________________________________ Jacob Gatti, BPOA President
Date: _________________________
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