RESOLUTION NO. 6680-2025
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 1
st 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: Councilmembers Carter, Hinton, Maurer, Vice Mayor McLewis and Mayor Zollman Noes: None
Absent: None
Abstain: None
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 Docusign Envelope ID: E560F391-CBEF-4508-B13C-066FC589A480 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.
Docusign Envelope ID: E560F391-CBEF-4508-B13C-066FC589A480 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, Interim City Manager Jacques Levesque, SPOA President Docusign Envelope ID: E560F391-CBEF-4508-B13C-066FC589A480 7/3/2025 7/3/2025