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Agenda-Item-Number-4-7.1.2025_Number4_AgendaReport_SideLetter_SPOA_ReturnTo12hrSchedule_FINAL

Sebastopol City Council
July 1, 2025

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Agenda-Item-Number-4-7.1.2025_Number4_AgendaReport_SideLetter_SPOA_ReturnTo12hrSchedule_FINAL
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July 1, 2025
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Sebastopol City Council
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8
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CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: July 1, 2025
=========================================================================================== To: Honorable Mayor and City Councilmembers
From: Mary Gourley, Assistant City Manager
Deborah Muchmore, Human Resources, Muchmore Than Consulting Subject: Approval of Side Letters/Pilot Staffing Program for the SPOA – Sebastopol Police Officers Association
=========================================================================================== RECOMMENDATION(S):

That the Council approve and ratify the Side Letter/Pilot Staffing Program for the SPOA – Sebastopol Police Officers Association.

EXECUTIVE SUMMARY:

The City’s negotiating team met independently in good faith with the Sebastopol Police Officer Association (SPOA) bargaining representatives in accordance with the Meyers-Milias-Brown Act regarding a return from the current combination 12.5 hour and 10 hour schedule which requires 10 positions to fully staff, to a 12-hour schedule with alternating, intermittent on and off periods to support better coverage with fewer officers. An Agreement was reached, and a copy of the tentative agreement is attached for reference. Staff seek the City Council’s approval to amend the MOU as noted below.

BACKGROUND:

The City and the SPOA have met and agreed on several shift iterations for sworn personnel since 2021. Prior to 2021, the sworn personnel worked a fixed 10-hour schedule. ➢ In 2021, a pilot program was implemented introducing rotating 12-hour shifts with alternating three and four day on and off periods to support better coverage with fewer officers (eight (8) officers and four (4) sergeants).
➢ In 2023, when the department staffing numbers increased by one officer to nine (9) officers and four (4) sergeants, the City and SPOA agreed to switch to a schedule consisting of three 12.5-hour shifts followed by four 10-hourshifts. The added officer allowed for the change in schedule whichwasintended to provide greater overlap ofshifts and personnel, improving communication. When the 12.5-hour/10-hour schedule was implemented, it required 10 officers to provide coverage without open shifts (scheduled but unfilled shifts). The department had nine officers at that time. The difference between nine (9) sworn personnel and the required (10) sworn personnel meant that four hours per day for four days each week would need to be covered through overtime until a 10th officer could be hired.

Since that time staffing has decreased rather than increased to its current level of six (6) officers and four(4) sergeants. This level of staffing requires significant, mandated overtime daily so long as the 12.5-hour/10-hour schedule is in place. At least one sworn employee has worked 14 daysstraight without a day off to cover open shifts and their regular schedule. This is exhausting for personnel and unsustainable.

Agenda Item Number 4 Agenda Item Number 4
City Council Meeting Packet of July 1, 2025

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DISCUSSION:

The Department’s recent promotion of Sergeant Andrew Bauer to Lieutenant on July 15th will cause a temporary vacancy at the Sergeant’s class level, and field training for new officers as they come on this year will take four to five months following their initial hire date before they are able to work a shift productively and without a trainer present. Both factors will temporarily continue significantly reduced staffing and the demand for overtime to cover scheduled shifts during each work week.

Today, only five of the eight officer positions are filled and able to serve on a shift schedule. Another officer just recently hired will be available to work a shift after successfully completing four to five months of supervised field training. The Department also has a self-sponsored Academy recruit who is expected to graduate in July and once all post offer exams are successfully completed (background, criminal, medical, veracity, and Psych), will begin a four-to-five-month field training program. Between now and then, open shifts and overtime will continue to be a reality and utilizing a schedule more conducive to lean staffing profiles increases coverage and reduces the impact of overwork and overtime.

STAFF ANALYSIS:

The schedule through FY24-25
The FY 24-25 schedule of 12.5- and 10-hour shifts is shown below as hours worked by shift. To have at least two sworn personnel at all times requires a minimum of ten (10) sworn personnel for this schedule. Any open shifts that cannot be covered by regularschedules of existing personnel must be covered by employees working overtime shifts.

The proposed 12-hour schedule
The new exigency schedule of intermittent 12-hour shifts on and days off requires eight (8) total patrol employees to provide two sworn personnel each shift. While the department is hiring and training new officers, there will still be a need for overtime coverage shifts. However, the need is greatly reduced under this scheduling pattern than on the previous. Additionally, the department anticipates sufficient staffing to be available in the second half of FY 25-26.

The 12-hour schedule of intermittently recurring work shifts and off work shifts results in seven (7), 12-hour shifts worked in each 14-day pay period causing a built-in level of 4 hours of overtime every pay period.

Calculating the cost of the proposed 12-hour schedule
Since January 1, 2024, seven sworn employees have been paid overtime for coverage in the patrol unit. The average hourly overtime rate of all seven is $94.19/hour. Using that average hourly overtime rate times the 4 Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet of July 1, 2025

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hours of built in overtime per pay period in the proposed work schedule for seven employees makes the average annual built-in overtime for the proposed schedule under current conditions to a little over $67,000.

Next we looked at open shifts, hold overs, and call backs. Each open overtime shift is made up of 12 hours. Hours for open shift coverage, call backs and times when an employee is held over past the end of their shift would also be paid at the overtime rate (average $94.19). Assuming an aggressive average achievement of full coverage, full staffing, and reduction of open shifts to zero as soon as possible, the coverage of open shifts has been set aggressively lowat $43,000. Thisis considered aggressive because the total overtime paid for the seven employees who put in for overtime in the patrol unit through the first five months of 2025, is $91,373.34.

The proposed FY25–26 department budget is set at $150,000, as determined by department staff. This includes approximately $120,000 (80%) allocated for patrol and $30,000 (20%) for dispatch overtime. The new budget reflects a $25,000 decrease from the FY24–25 budget and is approximately $125,000 less than the projected $275,000 in actual expenditures for FY24–25.

Because the trial period work shifts are 12 hours and overtime will be paid after 80 hours in a pay period, Section IV) Working Conditions & Hours (A) is to be temporarily amended for the pilot period including IV) Working Conditions, and VIII) Leave Benefits, §§ A) Sick Leave as follows:

IV) WORK CONDTTIONS & HOURS
For sworn personnel, the City and the SPOA have designated a 28-day work period for the purposes exemption under Section 7(k) of the Federal Labor Standards Act. FLSA overtime at the regular rate of pay is not incurred until hours worked in the period exceed l7l hours. Work in accordance with such work shifts shall not be considered FLSA overtime.

Overtime will instead be paid after 80 hours in a 14-day work period.

The provisions of the Letter of Agreement are intended to run through the first full pay period in January and end on January 17, 2026, unless ended earlier by mutual agreement. Should the trial period not be implemented, these provisions not be implemented, the City will continue to incur as much as 240 hours of overtime in a 28-day period, and the Letter of Agreement will not become effective.

In FY24–25, maintaining the current 12.5-hour/10-hour shift schedule for sworn officers is projected to account for approximately $220,000 of the Police Department’stotal overtime costs. Thisstaffing challenge has prompted both department staff and members of the SPOA to explore a return to the 12-hour shift model to reduce overtime demands and enhance both sustainability and quality of life for sworn personnel.

CITY COUNCIL GOALS/PRIORITIES/ AND OR GENERAL PLAN CONSISTENCY:

This agenda item represents the City Council goals/priorities as follows:

Goal 4, Priority 1; Achieving Staffing/Program tartes that match best standards and efficiency/operational staffing efficiencies/ baseline budgets/performance management
Goal 5, Priorities 1 and 2: Balanced Budget and Quarterly Financial report/annual long-term budget reductions This agenda item represents the City Council General Plan Consistency (if applicable): N/A

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet of July 1, 2025

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FISCAL IMPACT:

If the Council approves the side letter for the pilot Police Staffing Program included on the July 1st agenda, the Police Department anticipates a reduction in overtime expenditure. The currently proposed overtime budget for FY 2025–26 is $150,000, which includes:
o $67,000 for guaranteed overtime
o $43,000 for coverage of open shifts
o $30,000 for the dispatcher’s unit
o $10,000 for emergency contingencies
As a comparison, in the current fiscal year 24-25, the estimated actual overtime expenditure has reached approximately $275,000. The pilot program is expected to improve operational efficiency and reduce reliance on overtime compared to current spending levels. This adjustment reflects the department’s commitment to fiscal responsibility while maintaining public safety and reducing dependence on overtime.

Potential factors that could increase projected overtime under the pilot 12-hour staffing model include unanticipated injuries, illnesses, special events, disasters, protected medical or bereavement leave, field training demands, and recruitment or retention challenges. Known and anticipated vacation and training leave for FY25–26 have already been factored into the projections.

To improve oversight, staff have implemented new pay codes to track overtime usage in greater detail. These insights will be shared through periodic budget updates, including any emerging need for increased overtime within the Police Department.

COMMUNITY OUTREACH:

This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. The City has also used social media to promote and advertise the City Council Meeting Agenda Items.

As of the writing of this agenda item report, the City has not received any public comment. However, if staff receive public comment from interested parties following the publication and distribution of this agenda item report, such comments will be provided to the City Council as supplemental materials before or at the meeting.

RESTATED RECOMMENDATION:

That the Council approve and ratify the Side Letter/Pilot Staffing Program for the SPOA – Sebastopol Police Officers Association.

CITY COUNCIL OPTION(S):

Approve and staff will closely monitor overtime usage, reasons, and costs to assess the cost savings of the schedule which provides a more sustainable schedule for sworn staff.

Not approve and these provisions will not be implemented, the City will continue to incur as much as 240 hours of overtime ($22,506) in a 28-day period, and the Letter of Agreement will not become effective.

ATTACHMENT(S):

Attachment 1: SPOA Side Letter/Pilot Staffing Program
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet of July 1, 2025

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APPROVALS:

Department Head Responsible for Agenda Item: Approval Date: 06/26/2025 CEQA Determination (Community Development/Planning): Approval Date: 06/26/2025 The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) Administrative Services (Financial): Approval Date: 06/26/2025 Costs authorized in City Approved Budget: ☐ Yes ☐ No  N/A City Attorney Approval Approval Date: 06/26/2025
City Manager Approval: Approval Date: 06/26/2025
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet of July 1, 2025

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RESOLUTION NO. XXXX-2025

RESOLUTION OF THE COUNCIL OF THE CITY OF SEBASTOPOL APPROVING

AND ADOPTING REVISIONS TOTHE COMPREHENSIVE MEMORANDUM OFUNDERSTANDING (MOU) WITH THE SEBASTOPOL POLICE OFFICERS ASSOCIATION (SP0A)
WHEREAS, the City of Sebastopol maintains Memorandums of Understanding (MOU's) with its various employee groups; and
WHEREAS, any changes to a Memorandum of Understanding need to be approved by the City and the respective employee group; and
WHEREAS, the City of Sebastopol desires to return to a 12-hour rotating Patrol schedule for Sworn Police personnel, and
WHEREAS, the City of Sebastopol and the Sebastopol Police Officers Association (SPOA) Employees have met and conferred in good faith and have agreed to the attached Letter of Agreement amending the Comprehensive Memorandum of Understanding.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Sebastopol hereby approves the Letter of Agreement amending the January 1, 2025, through December 31, 2025, Memorandum of Understanding with the Sebastopol Police Officers Association (SPOA) and authorize the City Manager to execute said Letter of Agreement
PASSED AND ADOPTED, by the CITY COUNCIL of THE CITY OF SEBASTOPOL, COUNTY OF SONOMA, STATE OF CALIFORNIA on this 1st day of July, 2025.

The above and foregoing Resolution was duly passed, approved, and adopted at a meeting by the City Council on the 1st day of July 2025
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the City of Sebastopol City Council by the following vote:

VOTE:

Ayes:

Noes:

Absent:

Abstain:

APPROVED:

Stephen Zollman, Mayor
ATTEST:

Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM:

Alex Mog, City Attorney
Attachments: Exhibit A – Side Letter / Pilot Staffing Program Agenda Item Number 4 Agenda Item Number 4
City Council Meeting Packet of July 1, 2025

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City Of Sebastopol
Letter of Agreement
Between the City of Sebastopol (City) and
The Sebastopol Police Officers Association (SPOA)
REGARDING PILOT STAFFING - 12-HOUR SCHEDULING

CHANGE IN SCHEDULE
History
The City and the SPOA have met and agreed on several shift iterations for sworn personnel since 2021. Prior to 2021, the sworn personnel worked a fixed 10-hour schedule.
 In 2021, a pilot program was implemented introducing rotating 12-hour shifts with alternating three and four day on and off periodsto support better coverage with fewer officers(eight (8) officers and four (4)sergeants).  In 2023, when the department staffing numbers increased by one officer to nine (9) officers and four (4) sergeants, the City and SPOA agreed to switch to a schedule consisting of three 12.5-hour shifts followed by four 10-hour shifts. The added officer allowed for the change in schedule which was intended to provide greater overlap of shifts and personnel, improving communication. When the 12.5-hour/10-hour schedule was implemented, it required 10 officers to provide coverage without open shifts (scheduled but unfilled shifts). The department had nine officers at that time. The difference between nine (9) sworn personnel and the required (10) sworn personnel meant that four hours per day for four days each week would need to be covered through overtime until a 10th officer could be hired.

Since that time staffing has decreased rather than increased to its current level ofsix (6) officers and four(4) sergeants.

This level of staffing requires significant, mandated overtime daily so long as the 12.5-hour/10-hour schedule is in place. At least one sworn employee has worked 14 daysstraight without a day off to cover open shifts and their regular schedule. This is exhausting for personnel and unsustainable.

The Department is again in transition and will be promoting one of the Sergeants to Lieutenant on 7/15/25 and recruiting for a Sergeant to backfill the position. The Department also recently hired a new officer who will be in Field Training for a minimum period of four to five months before they can be counted on to serve on their own in a schedule. Continuing the 12.5-hour/10-hour schedule for sworn officers will result in about $220,000 of the total Police Department overtime costs for FY 24-25. This staffing reality has necessitated another schedule revision to reduce overtime shifts and improve sustainability and quality of life for sworn personnel.

The City and the SPOA met and conferred in good faith and agree that the current staffing levels do not support the

12.5-hour/10-hour schedule and agree, as an exigency measure, to return to a 12-hour schedule with alternating, intermittent on and off periods to support better coverage with fewer officers. Pictorial representations of the 12.5- hour/10-hour and the proposed 12-hour schedule are shown below.

The FY 24-25 schedule of 12.5- and 10-hour shifts isshown below as hours worked by shift. To have at least two sworn personnel at all times requires a minimum of ten (10) sworn personnel for this schedule. Any open shifts that cannot be covered by regular schedules of existing personnel must be covered by employees working overtime shifts.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet of July 1, 2025

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The proposed 12-hour schedule
The new exigency schedule of intermittent 12-hour shifts on and days off requires eight (8) total patrol employees to provide two sworn personnel each shift. While the department is hiring and training new officers, there will still be a need for overtime coverage shifts. However, the need is greatly reduced under this scheduling pattern than on the previous. Additionally, the department anticipates sufficient staffing to be available in the second half of FY 25-

26. Because the trial period work shifts are 12 hours and overtime will be paid after 80 hours in a pay period, Section IV) Working Conditions & Hours (A) is to be temporarily amended for the pilot period including IV) Working Conditions, and VIII) Leave Benefits, §§ A) Sick Leave as follows:

IV) WORK CONDTTIONS & HOURS
A) For sworn personnel, the City and the SPOA have designated a 28-day work period for the purposes exemption under Section 7(k) of the Federal Labor Standards Act. FLSA overtime at the regular rate of pay is not incurred until hours worked in the period exceed l7l hours. Work in accordance with such work shifts shall not be considered FLSA overtime.

Overtime will instead be paid after 80 hours in a 14-day work period.

The provisions of this Letter of Agreement are intended to run through the first full pay period in January and end on January 17, 2026, unless ended earlier by mutual agreement. Should the trial period not be implemented, these provisions will not be implemented, and the Letter of Agreement will not become effective.

IN WITNESS WHEREOF, the parties hereby agree to the aforementioned terms and conditions contained within this MOU.

CITY OF SEBASTOPOL SEBASTOPOL POLICE OFFICERS ASSOCIATION __________________________________________________________ ______________________________________ Mary Gourley, Acting City Manager/Assistant City Manager/ City Clerk Jacques Levesque, SPOA President Agenda Item Number 4 Agenda Item Number 4
City Council Meeting Packet of July 1, 2025

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