EXHIBIT A
SIDE LETTER TO THE 2021-2023 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF POMONA
AND
POMONA CITY EMPLOYEES’ CHAPTER OF THE TEAMSTERS LOCAL 1932 (TEAMSTERS)
RELATED TO POLICE CANINE ASSIGNMENT
P
REAMBLE
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his Side Letter to the Memorandum of Understanding (MOU) on wages, hours, and working conditions is entered into between the Pomona City Council (hereinafter referred to as the "City") and the Pomona City Employees' Chapter of the Teamsters Local 1932 (hereinafter referred to as Teamsters), collectively referred to as "Parties”.
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he Police Department is assigning a Community Services Officer I/II to be a handler for a canine that will be used for wellness and comfort, not in the apprehension of criminals. This is the first canine assignment for a classifications within Teamsters.
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he purpose of this Side Letter is to document specific provisions related to the compensation for the canine assignment and related items.
S
IDE LETTER TERMS AND CONDITIONS
T
he following new Section will apply to the compensation of the canine assignment.
ARTICLE V – COMPENSATION AND BENEFITS
X. CANINE ASSIGMENT.
1. E
mployees who are assigned to canine detail are entitled to compensation for the off- duty hours spent caring, grooming, feeding, and training their canine and maintaining their canine vehicle/unit. The parties acknowledge that the Fair Labor Standards Act (FLSA), which governs the entitlement to compensation for off -duty canine duties, entitles the parties to agree to a reasonable number of hours for the performance of such duties. The FLSA also allows the parties to agree on appropriate compensation for the performance of such off-duty canine duties. It is the intent of the parties throu gh
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he provisions of this article to fully comply with the requirements of the FLSA. In addition, both parties believe that the provisions herein comply with the requirements of the FLSA.
2. T
he parties agree that employees normally spend approximately forty -five (45) minutes per day or 5.25 hours per week performing off -duty work related to their canines.
3. E
mployees will be scheduled so that in any given work week, the employee will have
34.75 hours of regular assigned times plus the 5.25 hours of off -duty canine care. A r
egular schedule will be created based upon the operational needs of the department.
ATTACHMENT NO. 4
Side Letter Agreement, page 2
4. The 34.75 hours of regularly assigned time plus the 5.25 hours of off -duty canine duties equates to 40 hours per week, the same number of hours which other employees in the Department are regularly assi gned to work. It is the intent of the parties in entering into this agreement that the employees assigned to canine detail shall be scheduled to work the same number of hours per week as other employees in the Department who are not assigned to canine detail. As such, it is the intent of the parties that employees assigned to the canine detail shall not be entitled to overtime compensation for their off -duty activities, because the work time spent on those activities, when combined with their regularly scheduled hours is equal to 40 hours per week. Employees assigned to the canine detail shall be eligible to receive overtime compensation for working overtime hours just like any other employee in the Department in this Unit.
5. A unit member who is required to perform extraordinary off-duty canine care, such as a veterinary emergency or other rare occurrence which causes a substantial increase in the normal off -duty hours worked by the employee working canine detail, shall submit a written request to the Police Chief or the Chief’s assigned designee for additional compensation for the hours spent performing such work.
In addition to adding the new section in the Memorandum of Understanding, the job description for Community Services Officer I/II shall be revised to incorporate the canine program responsibilities.
APPROVAL AND IMPLEMENTATION
This Side Letter shall be effective May 1, 2022 and shall continue in force and effect unless otherwise specified herein, until September 30, 2023 or until a successor MOU is approved.
DATED: _______________________ DATED: ___________________
THE CITY OF POMONA: THE POMONA CITY EMPLOYEES’
CHAPTER OF THE TEAMSTERS
LOCAL 1932 (TEAMSTERS):
________________________________ __________________________ James Makshanoff
City Manager
________________________________ __________________________ Linda Matthews
Human Resources/Risk Management
Side Letter Agreement, page 3
Director
APPROVED, RATIFIED AND ORDERED IMPLEMENTED BY THE CITY COUNCIL OF THE CITY OF POMONA ON THIS ____ DAY OF __________________, 2022.
ATTEST: THE CITY OF POMONA:
_____________________________ __________________________ Rosalia Butler, City Clerk Tim Sandoval, Mayor