RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON MANAGEMENT ASSOCIATION DATED MARCH 14, 2023 THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. City Council approves the Side Letter of Agreement between the City and the Fullerton Management Association, dated March 14, 2023, attached hereto.
ADOPTED BY THE FULLERTON CITY COUNCIL ON MARCH 21, 2023.
Fred Jung Mayor
ATTEST:
Lucinda Williams, MMC City Clerk
Date
Attachments:
Attachment 1 – Side Letter Agreement with Fullerton Management Association
SIDE LETTER OF AGREEMENT
City of Fullerton and
Fullerton Management Association
This Side Letter of Agreement is entered by and between the City of Fullerton (City) and the Fullerton Management Association (FMA) with respect to the following:
WHEREAS, the City and FMA are parties to a Memorandum of Agreement (MOA) for the period of July 1, 2021 through June 30, 2023 that sets forth the compensation, hours, and other terms and conditions of employment for classifications represented by the FMA bargaining unit; WHEREAS, the FMA MOA recognizes that all classifications represented by the FMA bargaining unit are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA); WHEREAS, 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; WHEREAS, City staff and FMA representatives have recognized that due to current staffing shortages, there are circumstances where it would be appropriate to expand the availability of Emergency Duty Pay to additional classifications; WHEREAS, City staff and FMA representatives have also recognized the need to more clearly define the nature of “emergencies” that would qualify for Emergency Duty Pay; WHEREAS, City staff and FMA representatives have met and conferred over language to be included in a Side Letter; WHEREAS, if approved by the City Council, represented employees will be eligible for Emergency Duty Pay as described below for qualifying work effective February 4, 2023; WHEREAS, the terms contained in this Side Letter will be memorialized in the next revision to the MOA between the City and the FMA; NOW THEREFORE, the City and FMA agree as follows:
ARTICLE 8: INCREMENT PAY, Section (B) Emergency Duty Pay shall be amended as follows:
Emergency Duty Pay
A person regularly employed in a classification listed below (or any other as ordered by the City Council) shall be compensated at his/her base hourly rate when required to return to work for emergencies and/or to be held over for emergencies, as determined by the department head:
Building & Facilities Supervisor Sewer Supervisor
Equipment Supervisor Street Supervisor
Jail Supervisor Water Distribution Supervisor
Landscape Supervisor I/II Water Production Supervisor A bargaining unit employee shall be compensated at his/her base hourly rate when required to perform emergency duties. For purposes of this section, “emergency” and “emergency duty” shall be defined as follows:
Emergency: An unforeseen situation that calls for immediate action, or an urgent need for assistance or relief, in order to provide or maintain the continuity of essential services to the public.
Emergency Duty: Duty by an employee required to report or return to duty, or required to be held over beyond the employee’s normal end of shift, in order to meet an emergency at a time that the employee would not ordinarily have been on duty.
Emergency Duty status and eligibility for Emergency Duty Pay shall be determined by the employee’s Department Head or designee, and shall be reported monthly to the City Manager.
Examples of circumstances which may qualify for Emergency Duty Pay include after-hours call-backs or hold-overs beyond the employee’s normal end of shift for reasons such as:
Assessment of conditions of private and/or public property damage which may pose a danger to the public; Cleanup and repair of dangerous conditions, such as water/sewer main breaks, street sinkholes, downed tree limbs, and other damaged City infrastructure; Lack of backup or subordinate staff to continue essential operations; Required service as an Emergency Service Worker;
Attending to critical administrative functions which could impact service to the public or the City’s obligations to its employees (e.g., emergency procurement, or attending to time-sensitive payroll and personnel matters); Required to respond to a notification to secure a City facility or property, such as responding to a security alarm call.
Any other emergency as determined by the employee’s Department Head, City Manager, or City Council.
Emergency Duty Pay is not intended to compensate represented employees for routine overtime for which the employee is already exempt under the FLSA.
All other existing wages, hours and other terms and conditions of employment shall remain in full force and effect throughout the term of the MOA.
FOR THE CITY OF FULLERTON
Eric Levitt, City Manager Date
FOR THE FULLERTON MANAGEMENT ASSOCIATION
David Grantham, FMA President Date
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