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Home My WebLink About2009 CON POA - MOU Side Letter Jul 2006 - Jun 2009 Police Canine DutyNOTE TO FILE 03-24-10 IN THE MATTER OF: Resolution of the City Council of the City of National City ratifying a Side Letter to the Memorandum of Understanding between the City of National City and the National City Police Officers' Association modifying the overtime provisions for sworn personnel assigned to the Police Canine Duty on a permanent basis. Please note the following: A FULLY EXECUTED ORIGINAL SIDE LETTER WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: _ CDC Housing & Grants _ City Attorney X Human Resources City Manager _ MIS _ Community Svcs. _ Planning _ Engineering _ Police Finance Public Works Fire NTF Attachment SIDE LETTER TO MEMORANDUM OF UNDERSTANDING EFFECTIVE JULY 1, 2006 THROUGH JUNE 30, 2009 BETWEEN NATIONAL CITY POLICE OFFICERS' ASSOCIATION AND THE CITY OF NATIONAL CITY POLICE CANINE DUTY PAY Effective upon Council approval of this Side Letter, the City shall modify compensation for travel time and for off -duty care and maintenance of Police Service Dogs ("Canines") for Police Officers, Senior Police Officers (Corporals) and Police Sergeants assigned to Police Canine duty on a permanent basis. This Side Letter will serve as the controlling document for issues related to the compensation for off -duty care and maintenance of Canines for eligible Police personnel assigned to Police Canine duty on a permanent basis. Articles 12 of the Memorandum of Understanding (MOU) will be modified to eliminate travel pay for Canine Officers and to add a specific provision for the off - duty care and maintenance of Canines. NCPOA and the City have determined that the time spent by each Police Officer assigned Canine duty performing off -duty, at-home care or maintenance of the Police Service Dogs, their kennels and the K9 transport vehicles assigned to them, both on on -duty and on off -duty days, varies between Officers and between days. NCPOA and City agree that it is impractical to determine the precise amount of time each handler performs required off -duty, at-home care and maintenance work as it relates to the Canines. The City and NCPOA, through investigation and discussions with current and former Canine Handlers, have determined that on average 30 minutes per day is an adequate and reasonable amount of time to complete the necessary at-home care and maintenance activities. The parties have agreed that providing Canine Officers with 30 minutes per day, at the overtime rate, is a reasonable agreement and in compliance with the FLSA and 29 C.F.R. § 785.23. Canine Officers will not be required to document the actual amount of time they spend on these duties. The City and the NCPOA's understand there are aspects of work schedules and overtime that cannot be fully anticipated, and that the parties may need to utilize labor management meetings to discuss unforeseen circumstances should they arise. ARTICLE 12: OVERTIME 5 (d) Those employees classified as Police Officer, Senior Police Officer or Police Sergeant and workplace Those employees classified as Police Officer, Corporal or Police Sergeant who are assigned Police Canine duty on a regular basis shall receive three and one-half (3.5) hours of overtime per week (7 hours.per pay period) to compensate them for the routine care and maintenance of their assigned Canine. Care and maintenance includes routine off -duty care and maintenance of the Canine (feeding, watering, exercising, grooming, administering any medication), the take home police vehicle and the facilities used to house the canine, including routine daily obedience training of their Canine. Periodic duties, such as taking the Canine to the veterinarian, the purchase of dog food or supplies, more extensive cleaning of the police vehicle, repairs to the police vehicle, repairs to or construction of the facilities used to house the Canine, and time spent with the City's Canine trainer, are not considered to be routine care and maintenance activities, and are not intended to be compensated by this agreement. All such periodic duties shall be performed during the Police Canine Handler's assigned shift. Any need for overtime beyond the 3.5 hours per week and/or outside the scope of routine care and maintenance must be specifically ordered, requested, and approved by the Canine Lieutenant or a designated representative. Requests to repair the police vehicle and the facilities used to house the Canine shall be made to the Public Works Department during the Canine Officer's shift. For the purpose of consistency in language only, the following revisions to Article 11, Pay Differential shall also be in effect for the duration of this side letter agreement. ARTICLE 11: PAY DIFFERENTIAL Section 2: Those employees classified as Police Officer, Corporal or Police Sergeant and assigned Police Dog/Animal Handler Canine duty on a permanent basis shall receive a pay differential of 4% of base salary per month for the duration of said assignment. RESOLUTION NO. 2009 — 115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION MODIFYING THE OVERTIME PROVISIONS FOR SWORN PERSONNEL ASSIGNED TO THE POLICE CANINE DUTY ON A PERMANENT BASIS WHEREAS, the current Memorandum of Understanding between the City and the National City Police Officers' Association (POA) ratified by the City Council on December 19, 2006, includes a provision to compensate police officers, corporals (previously known as Senior Police Officers), and sergeants permanently assigned to the Police Department's Canine Program at an overtime rate for travel to and from the workplace; and WHEREAS, the City and the POA have agreed that, in order to more accurately reflect the off -duty activities performed by canine officers, the overtime compensation should be for duties associated with the off -duty care and maintenance of the police canine; and WHEREAS, it has been determined that 30 minutes per day is the average time spent on the off -duty care and maintenance of police canines, and as a result the agreed upon compensation shall be three and one-half (3.5) hours per week at the overtime rate. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies a Side Letter to the Memorandum of Understanding between the City and the National City Police Officers' Association modifying the overtime provisions of sworn personnel assigned to police canine duty on a permanent basis. PASSED and ADOPTED this 19th d f May, 2009. ATTEST: Mic ael R. Dalla, ity Clerk APPROVED AS TO FORM: George H. riser, Ill City Attorney Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on May 19, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ii ) City Clerk of the City of/National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-115 of the City of National City, California, passed and adopted by the Council of said City on May 19, 2009. City Clerk of the City of National City, California By: Deputy od-3 - City of National City, California COUNCIL AGENDA STATEMENT IEETING DATES 05-19-09 AGENDA ITEM NO. 25 ITEM TITLE Resolution of the City Council of the City of National City Ratifying a Side Letter to the Memorandum of Understandingbetween the Cityand the National City Police Officers'Association, Modifying the Overtime Provisions for Sworn Personnel Assigned to Police Canine Duty on a Permanent Basis. PREPA D BY DEPARTMENT --111110111 ///� S eve, son (336-4308) EXP ATION Human Resources Director The current Memorandum of Understanding between the City of National City and the National City Police Officers' Association (POA), ratified by the City Council on December 19, 2006 includes a provision to compensate Police Officers, Corporals (previously titled Senior Police Officers) and Sergeants permanently assigned to the Police Department's Canine Program at an overtime rate for travel to and from the workplace. City staff and the POA have agreed that, in order to more accurately reflect the off duty activities performed by Canine Officers, the overtime compensation should be for duties associated with the off duty care and maintenance of the Police Canine. Police Canines reside with the Officer. As such, while off duty, Canine Officers are responsible for performing routine off -duty care and maintenance of the Canine (feeding, watering, exercising, grooming, administering any medication), the take home police vehicle and the facilities used to house the canine, including routine daily obedience training of their Canine. After investigation and discussion of this matter, the City and POA have reasonably determined that 30 minutes per day is the average time spent on such routine off duty activities. As a result, the agreed upon compensation shall be three and one-half (3.5) hours per week (seven (7) hours per pay period) at the overtime rate. Environmental Review ✓ N/A Financial Statement The modified overtime provision for the Police canine duty is estimated to cost the City $34,382.00 per year. The cost will increase proportionately as officers' salaries increase. Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD I COMMISSION RECOMMENDATION N/A J r ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. ao0 -"S 2. Side Letter to Memorandum of Understanding between the City of National City Police Officers' Association, and the City of National City, Police Canine Duty Pay. J A-200 (9/80)