City of East Palo Alto
and
East Palo Alto Police Officers Association
Sideletter Agreement: Working Out of Class
. 1
1. This Sideletter confirms the understanding between the City of East Palo Alto (“City”) and the East Palo Alto Police Officers Association (“POA”) regarding employees Working out of Classification.
2. The Parties agree to modify Section 9.4 of the 2022-24 Memorandum of Understanding between the City of East Palo Alto and the East Palo Alto Police Officers Association as follows, effective upon execution by the Parties:
9.4 Working Out of Classification
A. An employee who is officially designated by their department head and approved by the City Manager to perform all, or substantially all, of the duties of a higher paid classification, shall be paid at the step of the higher pay range or at the first step which is not less than five percent (5%) more than his/her current base rate after a full shift (excluding overtime assignments), served in the higher paid classification. Once an employee has worked in the acting assignment for a full shift (excluding overtime assignments), he or she shall be entitled to acting pay for the entire length of the assignment, retroactive to the first day of the assignment, including applicable overtime.
However, overtime shall not be paid for employees Working Out of Class in FLSA exempt assignments.
Example 1: Employee 1 is a Police Officer assigned to work out of class as a Sergeant for a full shift on Employee 1’s regular day off. Employee 1 will be paid at the step of the Sergeant pay range which is not less than five percent (5%) more than his/her current base rate, including overtime for hours worked in an overtime capacity.
Example 2. Employee 2 is a Sergeant assigned to work out of class as a Commander for a full shift. Employee 2 will be paid at the step of the Commander pay range which is not less than five percent (5%) more than his/her current base rate, but will not earn overtime when acting as a Commander.
11/10/2022
11/14/22