PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G
SUBJECT/TITLE:
SIDE LETTER AGREEMENT TO MEMORANDUM OF UNDERSTANDING WITH
PISMO BEACH POLICE OFFICERS ASSOCIATION
RECOMMENDATION:
Adopt a Resolution approving a Side Letter Agreement to the Memorandum of Understanding with the Pismo Beach Police Officers Association ("POA").
EXECUTIVE SUMMARY:
On May 17, 2022, the City Council adopted Resolution R-2022-039 approving a three- year Memorandum of Understanding (MOU) with the Pismo Beach Police Officers Association bargaining team for the period of July 1, 2022, through June 30, 2025 (Fiscal Years (FY) 2023, 2024, and 2025). Since approval of that MOU, the POA identified an item that was inadvertently left out of the negotiation process.
The City and the POA negotiated in good faith and completed labor negotiations in one day, which led to the oversight. The Specialty Pay for Detective Assignment, which will be established by approval of this side letter, will keep the City competitive in overall compensation, which benefits retention and attraction of qualified law enforcement professionals. This Side Letter would not become precedential.
Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) approving the Side Letter Agreement (Attachment 1.A) to the Memorandum of Understanding with POA.
FISCAL IMPACT:
The fiscal impact of adopting the Resolution is estimated to be $4,800 in FY 2023; $5,400 in FY 2024, and $6,000 in FY 2024 in the General Fund Police Department personnel budget. Based on currently estimated salary savings due to vacancies in the Police Department, there is sufficient budget available to support the cost in FY 2023, while future year costs will be incorporated into the City’s next two-year budget.
ALTERNATIVES:
1. Provide staff with other direction.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Side Letter Agreement to MOU with SEIU Prepared by: Meeting Date: December 6, 2022
Jorge Garcia, Assistant City Manager
City Manager Approval:
Council Agenda 12-6-2022 9.G-1
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA APPROVING A SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE POLICE OFFICERS ASSOCIATION (“POA")
WHEREAS, the Memorandum of Understanding (MOU) is the collective bargaining agreement between the City of Pismo Beach and the POA; and
WHEREAS, on May 17, 2022, the City Council adopted Resolution R-2022-039 approving a three-year MOU with the Pismo Beach Police Officers Association for the period of July 1, 2022, through June 30, 2025 (Fiscal Years 2023, 2024, and 2025); and
WHEREAS, a Side Letter Agreement is proposed to address an inadvertent omission of a Special Duty Assignment during the negotiation process; and
WHEREAS, the City Council believes that providing broadly competitive salaries and benefits retains and attracts quality employees to serve the Pismo Beach community including its residents, businesses, and taxpayers.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves the Side Letter Agreement for Specialty Pay for Detective Assignment, which is attached hereto as Exhibit A.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 6 th day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 12-6-2022 9.G-2
Attachment 1
SIDE LETTER AGREEMENT BETWEEN
THE CITY OF PISMO BEACH,
CALIFORNIA
(HEREINAFTER CALLED “CITY”)
AND
PISMO BEACH POLICE OFFICERS ASSOCIATION
(HEREINAFTER CALLED “POA”)
WHEREAS, the City and POA have an existing Memorandum of Understanding from July 1, 2022 through June 30, 2025; and
WHEREAS, the City and POA negotiated in good faith and through an oversight in the negotiation process the POA inadvertently left out a request for Special Duty Assignment; and WHEREAS, the City and POA mutually acknowledge that this Side Letter and the process for remedying the oversight shall be non-precedential.
NOW THEREFORE, City and POA hereby agree to modify the following section of the Memorandum of Understanding (MOU):
ARTICLE 11 EXTRA COMPENSATION
C.1. Certification Pay
[the following paragraph to be added]
ARTICLE 11. EXTRA COMPENSATION
B. Special Duty Assignments
9. Detective Duty
Purpose
Unit employees assigned to detective investigate complex cases which require additional training and expertise, which are unique to the detective duty assignment.
Compensation
Effective the first full pay period in July 2022, unit employees who are assigned to detective duty will receive extra compensation in the amount of $200 per month above the base salary. Effective the first full pay period in July 2023, this compensation shall be increased to $225 per month above the base salary.
Effective the first full pay period in July 2024, this compensation shall be increased to $250 per month above the base salary.
Council Agenda 12-6-2022 9.G-3
Attachment 1.A
This extra compensation is granted in recognition of the assigned duties and responsibilities of the detective duty assignment.
This Side Letter Agreement identifies those articles, sections, and subsections of the Memorandum of Understanding between the City and the POA that the parties have mutually agree to revise. All other terms of the Memorandum of Understanding remain in full force and effect.
CITY OF PISMO BEACH Representative PISMO BEACH POLICE OFFICERS ASSOCIATION Representative
_______________________________ __________________________________ Date: ___________ Date: ___________
Council Agenda 12-6-2022 9.G-4
Attachment 1.A