HomeMy WebLinkAboutResolutions - No. 2023-235RESOLJTION NO. 2023-235
A RESOLUTION OF THE LODI CITY COUNCIL AMENDING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND
THE POLICE OFFICERS ASSOCIATION OF LODI THROUGH A SIDE -LETTER
AGREEMENT ADDING OVERTIME PAY FOR THE CARE AND MAINTENANCE
OF MOTORCYLES
WHEREAS, the Lodi City Council approved a successor Memorandum of
Understanding (MOU) with the Police Officers Association of Lodi (POAL) that has a term of
July 1, 2022 through June 30, 2025; and
WHEREAS, the Lodi Police Department employs Police Officers who are assigned as
Motor Officers as a special assignment to their regular duties and are required to care and
maintain their motorcycle during off-duty hours; and
WHEREAS, the Fair Labor Standards Act (FLSA) requires that employees be
compensated for all work performed, including the care and maintenance of their motorcycles;
and
WHEREAS, the POAL MOU does not provide for overtime compensation to Motor
Officers for the care and maintenance performed off duty; and
WHEREAS, the City and POAL wish to enter into a side -letter agreement amending the
POAL MOU to provide Motor Officers with two hours of overtime compensation, payable at the
California minimum wage overtime rate, each week for the care and maintenance of their
motorcycle as required under the FLSA; and
WHEREAS, it is recommended that Council approve the revisions to the MOU with
POAL through a Side -Letter Agreement to provide two hours of overtime compensation,
payable at the California minimum wage overtime rate, for work performed on their motorcycle
while off duty.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the attached Side -Letter Agreement (Exl-ibit A) between the City of Lodi and POAL.
Date: October 18, 2023
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I hereby certify that Resolution No. 2023-235 was passed and adopted by the Lodi City
Council in a regular meeting held October 18, 2023, by the following vote:
AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and
Mayor Hothi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2023-235
Exhibit A
Side Letter Agreement Amending the Memorandum of Understanding
Between the City of Lodi and the Police Officers' Association of Lodi (FOAL)
July 1, 2022 — June 30, 2025
This Agreement is entered into and effective as of October 18, 2023, between the City of Lodi, a
municipal corporation ("CITY) and the Police Officers' Association of Lodi ("POAL").
WHEREAS, Article X of the POAL Memorandum of Understanding ("MOU") provides
for a special assignment incentive of 4.5% of the employee's base salary to POAL members who
are assigned as a Motor Officer; and
WHEREAS, the 4.5% special assignment incentive was intended to include compensation
for the care, cleaning, and minor maintenance of the motorcycle by the Motor Officer while off
duty; and
WHEREAS, the courts have determined that percentage based compensation is not a
permissible form of compensation for the time spent working on their motorcycle during off duty
hours; and
WHEREAS, the City is required by law to pay employees for the time spent cleaning and
maintaining their motorcycle used in an employee's work when the work is unscheduled and
performed away from the employer's premises; and
WHEREAS, the City and POAL wish to amend the MOU in order to be compliant with
the Fair Labor Standards Act and California minimum wage to properly compensate Motor
Officers for work performed off duty; and
WHEREAS, the City and POAL have met and conferred in good faith and mutually agreed
to amend the POAL MOU to include payment for time spent cleaning and maintaining a
motorcycle at the rate of two (2) hours of overtime each week, payable at the California minimum
wage overtime rate.
NOW THEREFORE, City and POAL agree to amend Article X as follows:
ARTICLE X— MOTOR OFFICERS
10.1 Officers assigned to the Motors Unit shall be paid an incentive of 4.5% of the employee's
base salary. -1 t iS M Uttl a 1j' UgFOed th i -, i 11 Cell 1 i VL- ft! I ly Coll! peii Naies ihe o Meer 1br the time
takeH tb F !Vgtl 1 ff P R 51144 P FL -PO Fat 1 011. wash i ng, in I n a r- ma i Fifenan ee, wawipo Ftati oll of th e
f:RefE+ey lto i #;o., home.—It is also -mutually agreed that assignments to the Motor
Unit are at the sole discretion of the City. No officer has any property rights to such
assignments. Officers in such positions acknowledge, as does the POAL, that officers may
be transferred or reassigned from their position on a non -punitive basis and that they have
no right to appeal from such transfer or reassignment. Nonetheless an officer shall not be
punitively removed from a specialty assignment without being granted an opportunity for
an administrative appeal. However, the provision of an appeal shall not create a property
interest in the assignment.
A -> l D.? The City and PC}AL rnutuall gree that the time Motor Of tiers spend in all aspects
ofrePUIar pre -shirt preparation, washing, minor maintenance, transportation of the vehicle
to repair facilities is two .7 hours per week payable at the California minimum wage
overtime rate. They agree that any time spent in excess of such time is not reasonably
necessary and accord in ,I y, is not authorized. Botharties agree that this a reenient
complies with the requirernents of the Fair Labor Standards Act.
All other provisions of the POAL MOU remain in full force and effect.
POLICE OFFICERS' ASSOCIATION OF LODI CITY OF LODI
William Hinton, President
Date
Austin Blythe, First Vice -President
Date
Andrew Keys, Interim City Manager
Date
Adele Post, Human Resources Manager
Date
APPROVED AS TO FORM:
Katie O. Lucchesi, Interim City Attorney
Date
ATTEST:
Olivia Nashed, City Clerk
Date