EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: July 19, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Patrick Heisinger, Interim City Manager
SUBJECT: Approval of the Terms of a Tentative Agreement and Memorandum of Understanding with the Police Officers’ Association (POA) Recommendation
Adopt a Resolution:
1. Approving the terms of a Tentative Agreement with the East Palo Alto Police Officers’ Association;
2. Authorizing the City Manager to execute a Memorandum of Understanding jointly prepared by the City’s negotiating team and representatives of the East Palo Alto Police Officers’ Association;
3. Establishing a recruitment and retention bonus for new police officers; and
4. Approving the estimated total salary and benefit expenditures of $2,260,000 for FY 2022-23 and 2023-24 and appropriating $1,090,000 in the General Fund of the Fiscal Year 2022-2023 Budget.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 2: Enhance Economic Vitality
Priority No. 3: Increase Organizational Effectiveness and Efficiency Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 2: Enhance Economic Vitality
Priority No. 3: Increase Organizational Effectiveness and Efficiency Background
The East Palo Alto Police Department is currently experiencing uniquely urgent staffing issues. The Department has thirty-six (36) budgeted sworn positions (Police Officer, Police Sergeant, Police Commander and Police Chief). However, nine (9) of those positions are currently vacant and another four (4) are out on long term leaves of absence, leaving a total of twenty-three (23) officers available for active duty. Of those, six (6) are in the hiring process for employment by other police agencies. If those individuals leave and are not replaced, the City will be left with an unacceptably low staffing level of seventeen (17) officers available for active duty.
The Police Department is currently processing applications for six (6) potential officers.
Without further attrition, these officers would bring the total sworn staffing to twenty-nine (29) officers available for active duty. However, these officers have not yet completed the hiring process and have additional training to complete before being ready for active duty. If hired, the new officers would embark on a 20- week Field Training program except for one applicant who would attend a 6-month Police Academy prior to the 20-week Field Training program.
These new officers would only be available to fill vacant shifts if/when they successfully complete training.
During FY 2021-2022, it is estimated that the Police Department have expended approximately $751,000 in overtime due to the current vacancy rate.
East Palo Alto Police Officers are currently the second lowest paid in the County. (Attachment
1.) Considering the current economic situation, the status of staffing in the Police Department, and the negotiated agreements of other nearby jurisdictions, a significant increase in salaries is necessary to address the current retention issues and allow the Department to move towards full staffing. Further, to stay competitive with other jurisdictions that are providing significant hiring/retention bonuses, it is imperative the City remain somewhat competitive with neighboring communities, especially those to which East Palo Alto officers are leaving. The table below indicates where 23 former East Palo Alto police officers have relocated since 2008, largely because the other jurisdictions pay police officers significantly more:
Negotiations
The East Palo Alto Police Officers’ Association (“POA”) represents the City’s sworn Police Officers and Police Sergeants. The City and the POA have been parties to a series of Memoranda of Understanding (“MOU”) setting forth the wages, hours and other terms and conditions of employment for the members of the POA bargaining unit.
Given the significant issues facing the Department, the POA understood the need to bargain expeditiously. Although bargaining only began in early July, the City and POA were able to reach a tentative agreement (TA) on July 8, 2022, and the POA notified the City that it had approved the TA on Sunday, July 10.
Analysis
The TA with all changes needed to the MOU is attached. Major components of the TA between the City and POA are as follows:
In addition to the key elements of the TA between the City of East Palo Alto, and the POA, establishing a recruitment/retention bonus to lure new police officers will further enhance the City’s ability to recruit and retain officers. Therefore, staff proposes the City establish a recruitment/retention bonus program for new police officers consistent with the structures offered by other agencies. The key elements of the recruitment/retention bonus would be:
• $10,000 payment after a new officer completes field training; • $10,000 payment after a new officer completes probation; and • $10,000 payment after a new officer completes a third year of service with the City of East Palo Alto.
For the current Fiscal Year, staff recommends salary savings from existing vacancies be allocated for the proposed recruitment/bonus program described above. If the City desires to offer a recruitment/retention bonus in future years, the City Council would consider it as part of future budget processes. Stated differently, there would be no impact on the City’s General Fund to implement the bonus.
The TA between the City of East Palo Alto and the POA reflects the City’s desire to address challenging current and forward wage parity issues and to have a compensation package that will not only attract new talent but also retain our existing employees.
Fiscal Impact
If the City Council approves the terms of the Tentative Agreement between the City of East Palo Alto and the POA, it will result in an estimated additional expenditure of approximately $2,260,000 over the next two fiscal years (FY 2022-23 and 2023-24) which will require additional appropriation in the amount of $1,090,000 in the General Fund of the Fiscal Year 2022-23 Budget. The annual fiscal impact in the future fiscal years will be estimated for approximately $1,170,000.
1. Despite the uncertainty in the budget; staff recommends the increases at this difficult time for the following reasons:
a. The increase is important to maintain market competitiveness. b. Public Safety is a long-stated and significant strategic priority of the City and its residents.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.
Environmental
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.
Attachments
1. Resolution
2. Exhibit 1 - Police Department Data and Background Information
3. Exhibit 2 - Tentative Agreement between the City of East Palo Alto and Police Officers’ Association (POA) - two Year Agreement July 1, 2022 – June 30, 2024