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032123 HR FMA Side Letter Agenda Report

City Council - Successor Agency - Housing Authority
March 21, 2023

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032123 HR FMA Side Letter Agenda Report
Meeting
March 21, 2023
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City Council - Successor Agency - Housing Authority
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Agenda ReportFullerton City CouncilAgenda ReportFullerton City Council Agenda Report
Fullerton City Council
Agenda Report
Fullerton City Council
MEETING DATE: MARCH 21, 2023
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: EDDIE MANFRO, DIRECTOR OF HUMAN RESOURCES PREPARED BY: EDDIE MANFRO, DIRECTOR OF HUMAN RESOURCES
SUBJECT: PROPOSED SIDE LETTER TO MEMORANDUM OF

AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON MANAGEMENT ASSOCIATION

SUMMARY
Proposed Side Letter of Agreement between the City of Fullerton and the Fullerton Management Association (FMA).

RECOMMENDATION
Adopt Resolution No 2023-XXX.

RESOLUTION NO. 2023-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY AND THE FULLERTON MANAGEMENT ASSOCIATION DATED MARCH 14, 2023

CITY MANAGER REMARKS
None.

PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:

Fiscal and Organizational Stability.

FISCAL IMPACT
The anticipated fully burdened annual cost for the proposed revision totals $42,000 per year. Staff anticipates a $19,400 impact for Fiscal Year 2022-23 and does not request a budget adjustment as staff projects these expenditures to remain within the approved department budgets.

DISCUSSION
City Council approved the Memorandum of Agreement (MOA) between the City and the FMA on March 15, 2022. The current MOA expires on June 30, 2023. The City and the FMA have begun negotiations for a successor MOA. However, City staff and FMA representatives request a Side Letter to address Emergency Duty Pay.

The FMA MOA recognizes that all classifications represented by the FMA bargaining unit are exempt from the Fair Labor Standards Act (FLSA) overtime provisions. Notwithstanding this exempt status, the FMA MOA provides for Emergency Duty Pay (straight time overtime) to specified classifications when required to work during emergency situations.

City staff and FMA representatives recognize that current staffing shortages have created circumstances where it would be appropriate to expand the availability of Emergency Duty Pay to additional classifications. City staff and FMA representatives also recognized the need to more clearly define the nature of “emergencies” that would qualify for Emergency Duty Pay.

The attached Draft Side Letter incorporates the modifications agreed to by City staff and FMA representatives and staff presents for City Council consideration.

Attachments:

Attachment 1 – Draft Resolution 2023-XXX
cc: City Manager, Eric J. Levitt
Proposed FMA Side Letter March 21, 2023 - Page 2 Proposed FMA Side Letter March 21, 2023 - Page 2 Proposed FMA Side Letter
March 21, 2023 - Page 2
Proposed FMA Side Letter
March 21, 2023 - Page 2

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