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Home My WebLink About2017-57 - Approving the Side Letter Agreement to the 2015-18 Memorandum of Understanding between the City of Newport Beach and the Newport Beach Police Management Association Establishing Motor Officer Compensation ProvisionsRESOLUTION NO. 2017-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING THE SIDE LETTER AGREEMENT TO THE 2015-18 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION ESTABLISHING MOTOR OFFICER COMPENSATION PROVISIONS WHEREAS, the City of Newport Beach ("City") and the Newport Beach Police Management Association ("NBPMA") entered into a Memorandum of Understanding ("MOU") regarding wages, benefits, and other terms and conditions of employment for the period January 1, 2015 through June 30, 2018; WHEREAS, to provide optimal patrol services to the public, NBPMA members may be assigned to motorcycle detail; WHEREAS, NBPMA employees working as motor officers service and maintain their motorcycle after hours; WHEREAS, compensation for such servicing is not specified in the MOU; WHEREAS, representatives from the City and NBPMA met and conferred in good faith regarding revisions to the MOU to establish the terms and conditions regarding compensation for the off-duty maintenance and servicing of motorcycles by NBPMA employees assigned as motor officers, which agreement is memorialized in that certain Side Letter to the MOU Establishing Motor Officer Compensation ("Side Letter Agreement'), a copy of which is attached hereto as Exhibit 1 and incorporated herein by this reference; and WHEREAS, the City Council of the City of Newport Beach desires to amend the MOU by approving the Side Letter Agreement and authorizing the City Manager to execute the Side Letter Agreement substantially in conformance with Exhibit 1. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The City Council does hereby approve the Side Letter Agreement and authorizes the City Manager to execute the Side Letter Agreement substantially in conformance with Exhibit 1 on behalf of the City. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2017-57 Page 2 of 2 Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: This resolution shall take effect the pay period following its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of September, 2017. ATTEST: �" Yves f Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE to rr Aaron C. Harp City Attorney Attachment: Exhibit 1 — Side Letter Agreement Exhibit 1 Side Letter to the 2015.18 Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Police Management Association Establishing Motor Officer Compensation This Side Letter of Agreement ("Side Letter") between the City of Newport Beach and the Newport Beach Police Management Association ("NBPMA"), together are the "Parties", is entered into with respect to the following: RECITALS A. The City of Newport Beach and the Newport Beach Police Management Association (NBPMA) entered into a Memorandum of Understanding (MOU) regarding wages, benefits and other terms and conditions of employment for employees represented by NBPMA, for the period January 1, 2015 through June 30, 2018. B. Employees in the unit working as motor officers routinely service and maintain their motorcycle after work hours. C. The purpose of this Side Letter is to establish the terms, conditions and compensation for motor officers. TERMS AND CONDITIONS 1. All of the foregoing Recitals are true and correct and are incorporated herein as part of the Side Letter for all purposes. 2. Section 2, Compensation, of the MOU, is hereby amended to include the following Subsection: K. Motorcycle Assignment a. Employees assigned to work as motor officers are entitled to compensation for the off duty maintenance and servicing of their motorcycles. The Parties acknowledge that the Fair Labor Standards Act (FLSA), which governs the entitlement to compensation for off-duty motorcycle duties, entitles the Parties to agree to a reasonable number of hours per month for such duties. The FLSA also allows the Parties to agree on appropriate compensation for the performance of such off-duty motorcycle duties. It is the intent of the Parties through this Subsection (K) to fully comply with the requirements of the FLSA and that such provisions do comply with the FLSA. b. The Chief of Police, at his or her sole discretion, shall determine the number of unit positions assigned to motor officer duties. At any time LOU: NBPMA Motor Pay Page 2 this number may decrease or increase depending on the decision of the Chief of Police. c. Employees assigned as motor officers shall receive an additional six (6) hours of straight time compensation per month, paid at one and one-half (1.5) times their regular hourly rate of pay. This pay is compensation for the off-duty maintenance and servicing of the motorcycle. The Parties agree the additional compensation is for the performance of off-duty work and does not meet the definition of compensation earnable under Government Code Section 20636, and will therefore not be reported to PERS. The understanding reached in this Side Letter will continue through the term of the 2015- 18 MOU. All other provisions of the current MOU, existing policy, applicable Police Department Standard Operating Procedure or related practices, shall remain unchanged. Executed this City of Newport Beach By: Dave Kiff, City Manager Approved as to Form: day of i4�� ar Aaron Harp, City Attorney 2017. Newport Beach Police Management Association By: William Depweg, resident Attest: Leilani Brown, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2017-57 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 121h day of September, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 131h day of September, 2017. V1111M11,"t-11milm Leilani I. Brown City Clerk Newport Beach, California Leilani I. Brown City Clerk Newport Beach, California