Human Resources
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Sharrone Taylor, Interim Human Resources Director
Nickie Mastay, Deputy City Manager
Alan M. Cohen, Senior Assistant City Attorney
Subject: Proposed Resolution Approving a Side Letter Agreement to the Memorandum of Understanding between the City
of Richmond and the Richmond Police Officers
Association (RPOA) dated July 1, 2022 – June 30, 2025)
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
October 18, 2022
STATEMENT OF THE
ISSUE:
The City’s Memorandum of Understanding with the
Richmond Police Officers’ Association (RPOA) mentions
but does not describe the procedures applicable to police officers. The City and RPOA negotiated a side letter
memorializing the process. This side letter agreement is subject to final approval of the City Council.
RECOMMENDED ACTION: ADOPT a resolution approving a side letter agreement to the Memorandum of Understanding between the City of
Richmond and the Richmond Police Officers’ Association
dated July 1, 2022 – June 30, 2025 – Human Resources
Department/City Attorney’s Office (Sharrone
Taylor/Nickie Mastay/Alan M. Cohen 510-620-6602).
AGENDA
REPORT
DISCUSSION:
On October 18, 2022, the City Council adopted a resolution approving a Memorandum of Understanding (MOU) between the City of Richmond and the Richmond Police Officers Association (RPOA) with an effective date of July 1, 2022 - June 30, 2025. The MOU mentions the concept of disciplinary appeals in Section 30 (Procedures for Grievances) but does not describe the key components.
The City and RPOA have met and conferred and reached a proposed side letter agreement which outlines the disciplinary appeal procedures applicable to full-time, non-probationary members of RPOA. The side letter contains the following key components. The components reflect (1) the settled legal obligations applicable to sworn officers and (2) the past practices previously adhered to in such matters.
A. Legal obligations memorialized in the side letter:
Non-probationary members of the POA have a property right to their continued employment protected by the due process clauses of the Constitutions of the United States and State of California. (Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194).
An initial disciplinary decision-maker shall notify an RPOA member of the City’s initial finding that misconduct has occurred, and the initial determination of what discipline to impose.
The notification to the member is accomplished by serving the affected member a “Notice of Proposed Discipline” (the “Notice”) The member may request a pre-deprivation due process “Skelly meeting” before a “Skelly officer.”
The Skelly officer shall be provided a copy of the Notice and all documents and materials relied on by the initial decision-maker in making the initial findings and determination, as set forth in the Notice itself. The appealing member shall be afforded the same documents and information prior to the Skelly meeting.
A Skelly meeting shall be held if the member requests one. The meeting is not an evidentiary hearing. Attendees of the meeting may be the appealing member, his/her representative, an observer from the POA, the Skelly officer, and one or more City observers.
B. Past practices memorialized in the side letter:
The appealing member and/or their representative shall have the right to demand that the Chief of Police be precluded from serving as the Skelly officer. If such a demand is made, a Department Head and/or other individual from another department will be selected by the Human Resources Director and/or the Labor Relations Manager.
The City is prohibited from providing the Skelly officer additional information, documents, or other material from the initial decision-maker in support of the initial determination, in any manner unless it subsequently provides an amended Notice and opportunity for another Skelly meeting.
The RPOA and the City negotiated in good faith to establish this side letter agreement (Resolution and Side Letter attached hereto).
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Side Letter