HomeMy WebLinkAboutF-3c - Request for Approval of Code 7 Settlement AgreementMEMORANDUM
OFFICE OF THE CITY ATTORNEY
July 2, 1985
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JUL 8 1985
APPROVED
Agenda Item No. F-3 (c)
To: Honorable Mayor and Members of the City Council
From: Robert H. Burnham - City Attorney
Re: REQUEST FOR APPROVAL OF CODE 7 SETTLEMENT AGREEMENT
BACKGROUND
"Code 7" is the term used to describe the meal period
to which certain Newport Beach Police Department employees are
entitled. In 1984 the California Supreme Court ruled that a city
was obligated to pay overtime to compensate Police Department
employees subject to any work related restrictions during the
"Code 7" meal period [Madera Police Officers Association v. City
of Madera (1984) 36 C.3d 4031. In response to this ruling, Staff
and representatives of the Newport Beach Police Employees
Association (NBPEA) have drafted an agreement to implement this
recent ruling, resolve all past and present claims for overtime
compensation, and prevent any future disputes relative to the
City's "Code 7" rules, policies and practices.
DISCUSSION
The proposed "Code 7" Settlement Agreement is attached
for your review. The significant provisions of the Agreement can
be summarized as follows:
1. The basic work shift and work week for most uniformed
peace officers and dispatchers will be increased to
eight and one-half hours and forty-two and one-half
hours, respectively;
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2. Most uniformed peace officers and dispatchers, in
consideration of the expanded work schedule, will
receive a forty-five minute "Code 7" meal period and
one-half day of paid time -off each month;
3. The work schedules of uniformed non -sworn personnel will
be adjusted to include the "Code 7" meal period within
the basic work shift;
4. Uniformed sworn personnel on eight and one-half hour
work shifts will not be entitled to overtime
compensation if called back to duty from "Code 7"
status;
5. NBPEA will receive a lump sum payment equal to the
overtime compensation that would have been paid from
July 1, 1984 to June 30, 1985 to persons that may have
been entitled to overtime compensation based upon
restrictions applied to their "Code 7" meal period;
6. This lump sum payment is to be disbursed, on a pro rata
basis, to all current and former employees who may have
been entitled to receive "Code 7" overtime compensation
during the period from July 1, 1981 through June 30,
1985 and NBPEA must obtain individual releases;
7. NBPEA and its members are releasing City, and its
employees and officers, from any past, present or future
claim based upon the City's "Code 7" rules, policies or
practices. NBPEA also agrees to indemnify the City in
the event of any claim, acknowledges the fairness of the
current City "Code 7" policies as ammended by the
Settlement Agreement, and has agreed to assist the City
in defending any legal challenge to the City's "Code 7"
policies or the Settlement Agreement.
RECOM4IENDATION
It is recommended that the City Council authorize the
Mayor and City Clerk to execute the "Code 7" Settlement
Agreement.
overt H. t3ur
ity Attorney