Attachment 1-1
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING A LETTER OF AGREEMENT
BETWEEN THE CITY OF BURBANK AND THE BURBANK
POLICE OFFICERS’ ASSOCIATION (BPOA). THE LETTER OF
AGREEMENT AMENDS THE BPOA MEMORANDUM OF
UNDERSTANDING (MOU) DATED DECEMBER 14, 2021 –
JUNE 30, 2024; BPOA MOU DATED OCTOBER 20, 2019 –
JUNE 30, 2021; AND BPOA MOU DATED JANUARY 31, 2016
– JUNE 30, 2018.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
As required by the California Public Employees’ Retirement System (“CalPERS”), the Letter of Agreement between the City of Burbank and the Burbank Police Officers’ Association (BPOA), attached as Exhibit A, is hereby approved. The Letter of Agreement amends BPOA Memorandum of Understanding (MOU) dated December 14, 2021 – June 30, 2024; BPOA MOU dated October 20, 2019 – June 30, 2021; and BPOA MOU dated January 31, 2016 – June 30, 2018.
PASSED and ADOPTED this ____ day of December, 2022.
__________________________
Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_____________________________ By: _______________________ Zizette Mullins, MMC, City Clerk Joseph McDougall City Attorney
Attachment 1-2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Burbank at its regular meeting held on the ___ day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
___________________________
Zizette Mullins, MMC, City Clerk
Exhibit A – BPOA Letter of Agreement
EXHIBIT A
LETTER OF AGREEMENT
BETWEEN
THE CITY OF BURBANK
AND
BURBANK POLICE OFFICERS’ ASSOCIATION (BPOA)
Subject: POLICE OFFICER SPECIALTY ASSIGNMENTS, DEFINITION OF STRAIGHT
TIME & HOLIDAY DIFFERENTIAL PAY
On December 14, 2021, the City Council approved the BPOA Memorandum of Understanding (MOU) between the City of Burbank (the City) and the BPOA dated December 14, 2021 through June 30, 2024 by adopting resolution number 21- 29,281.
As the City and BPOA (the Parties) were concluding negotiations, and the City was preparing the new MOU for Council approval, it came to the attention of the Parties that The California Public Employees Retirement System (CalPERS) had made two determinations that would negatively impact the pensions of BPOA retirees , as outlined below.
POLICE OFFICER SPECIALTY ASSIGNMENTS
First, CalPERS determined that Article II, Section I of the BPOA MOU (“Police Officer Specialty Assignments”) included conditions for payment (i.e., performance criteria) beyond those allowable pursuant to GC 20636 and CCR Regulations 571. As such, CalPERS did not count the Specialty Assignment (i.e., Motors) compensation toward a retired officer’s pension.
The Parties agree that from it s inception, the language pertaining to Specialty Assignments has been understood and executed in a manner that fully complies with retirement law . Pursuant to CCR 571, which defines the Motorcycle Patrol Premium, BPOA officers who are “routinely and consi stently assigned to operate and/or patrol on motorcycle” have always been, and continue to be, compensated without further conditions.
DEFINITION OF STRAIGHT TIME & HOLIDAY DIFFERENTIAL PAY
Second, based on its interpretation of the BPOA MOU, CalPERS calculated the Holiday Differential at a reduced rate toward the pensions of retired BPOA employees. In practice, the City calculates “straight time” at a rate that includes base salary plus all permanent differentials . However, CalPERS interpreted “straight time” in Article II, Section A.2. of the BPOA MOU ( “Holiday Differential and Holidays Worked and Not Worked”) as an amount that includes base salary only.
In fact, from its inception, the City and BPOA understood “straight time” to be an amount inclusive of an employee’s base salary plus all permanent differentials; further, this mutual understanding served as the basis from which the Holiday Differential was originally implemented and subsequently paid to all eligible employees.
Exhibit A – BPOA Letter of Agreement
Pursuant to the City Council’s approval of this Letter of Agreement, the Parties agree to the following revisions to the three BPOA MOUs listed below; all proposed modifications in redline text will be for clarification purposes only and therefore have no fiscal impac t to the City.
1. Memorandum of Understanding between the City of Burbank and the Burbank Police Officers’ Association (December 14, 2021 through June 30, 2024) – Revisions to Article II.I.13.
ARTICLE II – PAY FOR TIME WORKED
I. POLICE OFFICER SPECIALTY ASSIGNMENTS
I.13 Performance CriteriaRemoval from Specialty Assignments I.13.a. To maintain any specialty assignment listed,The department shall have the ability to remove any officers from a specialty assignment if they do notshall maintain an overall "Above Standard Performance" rating on the Police Officer - Progress Review evaluation form adopted by the Department. Additionally, officers assigned to Field Training Officer, Detective (Non- Civil Service), K -9, Motor, and Helicopter may be removed from their assignment at the discretion of the department if they do not will be required to maintain all "Above Standard Performance" ratings in their respective performance areas designated on the Police Officer - Progress Review Specialty Assignments Addendum. Compensation to any officer who is routinely and consistently assigned to any specialty assignment will not be impacted regardless of their performance ratings.
I.13.b. Should the performance of an Officer assigned to any Specialty Assignment listed fall below the required “Above Standa rd Performance” ratings, as outlined above in Section I.12.a., an Officer may be removed from an assignment at the discretion of the Police Chief. Upon receipt of written notification of the Police Chief’s decision to remove an Officer from their assignme nt, the Officer will have ten (10) calendar days to appeal the decision to the Police Chief. The Police Chief may either deny the appeal or allow the Officer to remain in their assignment for a probationary period of up to six (6) months, with monthly sup ervisory feedback. The appeal process for removal from Specialty Assignments shall not be subject to any terms of the Grievance Procedure outlined in Article VII of this MOU.
2. Memorandum of Understanding between the City of Burbank and the Burbank Police Officers’ Association (October 20, 2019 through June 30, 2021) – Revisions to Article II.F.4; Article II.I.9-12; Article III.A.2.
ARTICLE II - PAY FOR TIME WORKED
Exhibit A – BPOA Letter of Agreement
F. OVERTIME PAY
F.4. Rate
F.4.a Affected employees shall be paid overtime at 1½ times the following hourly rate: for the step in which they are employed, except employees who receive differential pay shall be paid 1½ times the hourly plus, if applicable, pay received rate they are paid under Article II, Sections G (Differential Pay), F.6 (Overtime Pay – On Call For Court), and H (Working Out of Class). (BMC 2-1-711).
F.4.b The rate used to calculate pay under Article II, Sections F.6 (Overtime Pay – On Call For Court), and G.11 (Standby Pay), and Article II, Section A.2.a (Holiday Staff), shall be the hourly rate for the step in which the employee is employed plus, if applicable, other types of pay received under Article II, Section G (Differential Pay) and pay received under Article II, Section H (Working Out of Class).
I. POLICE OFFICER SPECIALTY ASSIGNMENTS
I.9. Helicopter
Assignment shall be for an indefinite period based onsubject to performance removal provisions and safety factors outlined in Article II, Sections I.12 and I.13.
Compensation to any officer who is routinely and consistently assigned to Helicopter will not be impacted regardless of their performance ratings.
I.10. K-9
Assignment shall be for an indefinite period based onsubject to performance removal provisions and safety factors outlined in Article II, Sections I.12 and I.13.
Compensation to any officer who is routinely and consistently assigned to K-9 will not be impacted regardless of their performance ratings. Response time may be used as a factor during the selection process but may not be used as a sole criteria for selection, nor as a means to disqualify applicants from the testing process.
I.11 Motors
Assignment shall be for an indefinite period based uponsubject to performance removal provisions and safety factors outlined in Article II, Sections I.12 and I.13.
Compensation to any officer who is routinely and consistently assigned to Motors will not be impacted regardless of their performance ratings.
I.12 Performance CriteriaRemoval from Specialty Assignments I.12.a. To maintain any specialty assignment listed,The department shall have the ability to remove any officers shall from a specialty assignment if they do not maintain a "Satisfactory" performance rating in all critical performance "factors" listed in the Police Officer - Progress Review evaluation form adopted by the Department. Additionally, officers assigned to Field Training Officer, Detective (Non- Civil Service), K-9, Motor, and Helicopter positions may be removed from their assignment
Exhibit A – BPOA Letter of Agreement
at the discretion of the department if they do not will be required to maintain an "Above Standard" performance rating in those fac tors identified as "critical" performance areas designated on the Police Officer - Progress Review Specialty Assignments Addendum.
Compensation to any officer who is routinely and consistently assigned to any specialty assignment will not be impacted regar dless of their performance ratings.
ARTICLE III - PAY FOR TIME NOT WORKED
A. HOLIDAYS
A.2. Holiday Differential and Holidays Worked and Not Worked Each unit member will receive a Holiday Differential as compensation for the holidays specified in III.A.1 on a bi-weekly basis regardless of whether or not the unit member is scheduled to work on a City observed holiday as part of their regular schedule. The annual value of the differential will be based onequal to the value of ten (10) City observed holidays per year , at a rate of nine (9) hours per holiday, at straight one times the hourly rate defined in Article II, Section F.4.a.
The annual value will be divided by, and paid in equal amounts over, 26 pay periods. Unit members shall not earn any additional holiday pay above and beyond this differential.
Unit members will be divided into two categories for purposes of City observed holidays and holiday work schedules: Holiday staff and Non-Holiday staff.
3. Memorandum of Understanding between the City of Burbank and the Burbank Police Officers’ Association (January 31, 2016 through June 30, 2018) – Revisions to Article II.F.4; Article II.I.9-12; Article III.A.2.
ARTICLE II - PAY FOR TIME WORKED
F. OVERTIME PAY
F.4. Rate
F.4.a Affected employees shall be paid overtime at 1½ times the following hourly rate: for the step in which they are employed, except employees who receive differential pay shall be paid 1½ times the hourly plus, if applicable, pay received rate they are paid under Article II, Sections G (Differential Pay), F.6 (Overtime Pay – On Call For Court), and H (Working Out of Class). (BMC 2-1-711).
F.4.b The rate used to calculate pay under Article II, Sections F.6 (Overtime Pay – On Call For Court), and G.11 (Standby Pay), and Article II, Section A.2.a (Holiday Staff), shall be the hourly rate for the step in which the employee is employed plus, if applicable, other types of pay received under Article II, Section G (Differential Pay) and pay received under Article II, Section H (Working Out of Class).
Exhibit A – BPOA Letter of Agreement
I. POLICE OFFICER SPECIALTY ASSIGNMENTS
I.9. Helicopter
Assignment shall be for an indefinite period based on subject to removal provisions performance and safety factors outlined in Article II, Sections I.12 and I.13. Compensation to any officer who is routinely and consiste ntly assigned to Helicopter will not be impacted regardless of their performance ratings.
I.10. K-9
Assignment shall be for an indefinite period based on subject to removal provisions performance and safety factors outlined in Article II, Sections I.12 and I.13. Compensation to any officer who is routinely and consistently assigned to K-9 will not be impacted regardless of their performance ratings. Response time may be used as a factor during the selection process but may not be used as a sole criteria for selection, nor as a means to disqualify applicants from the testing process.
I.11 Motors
Assignment shall be for an indefinite period based uponsubject to removal provisions performance and safety factors outlined in Article II, Sections I.12 and I.13. Compensation to any officer who is routinely and consistently assigned to Motors will not be impacted regardless of their performance ratings.
I.12 Performance CriteriaRemoval from Specialty Assignments I.12.a. To maintain any specialty assignment listed,The department shall have the ability to remove any officers from a specialty assignment shallif they do not maintain a "Satisfactory" performance rating in all critical performance "factors" listed in the Police Officer - Progress Review evaluation form adopted by the Department. Additionally, officers assigned to Field Training Officer, Detective (Non- Civil Service), K-9, Motor, and Helicopter positions may be removed from their assignment at the discretion of the department if they do not will be required to maintain an "Above Standard" performance rating in those factors identified as "critical" performance areas designated on the Police Officer - Progress Review Specialty Assignments Addendum.
ARTICLE III - PAY FOR TIME NOT WORKED
A. HOLIDAYS
A.2. Holiday Differential and Holidays Worked and Not Worked Each unit member will receive a Holiday Differential as compensation for the holidays specified in III.A.1 on a bi-weekly basis regardless of whether or not the unit member is scheduled to work on a City observed holiday as part of their regular schedule. The annual value of the differential will be based onequal to the value of ten (10) City observed holidays per year , at a rate of nine (9) hours per holiday, at straight one times the hourly rate defined in Article II, Section F.4.a.
The annual value will be divided by, and paid in equal amounts over, 26 pay
Exhibit A – BPOA Letter of Agreement
periods. Unit members shall not earn any additional holiday pay above and beyond this differential.
Unit members will be divided into two categories for purposes of City observed holidays and holiday work schedules: Holiday staff and Non-Holiday staff.
Conclusion
The current BPOA MOU approved by the City Council on December 14, 2021, partially addressed both issues by clearly defining “straight time” as it pertains to the Holiday Differential and revising language for Specialty Assignments to remove certain disqualifying language. However, the purpose of this Letter of Agreement is to make further modifications to the current MOU to ensure continued compliance with retireme nt law , and to revise language in two previous BPOA MOUs to enable CalPERS to correct the pensions of retired employees.
Pursuant to retirement law, CalPERS requires that the City Council of the City of Burbank duly approve and adopt this Letter of Agree ment, thereby incorporating revisions pertaining to Police Officer Specialty Assignments, Straight Time, and Holiday Differential into the current and two preceding MOUs. The agreed- upon revisions are necessary to ensure the special compensation is compliant with GC 20636 and CCR Regulations 571, and to fix the pensions of retired BPOA members who were negatively impacted by non- compliant MOU language.