HomeMy WebLinkAbout1/15/2003 - STAFF REPORTS (18) Date: January 15, 2003
To: City Council
From: City Manager
SIDE LETTER OF AGREEMENT TO MEMORANDUM OF UNDERSTANDING—
POLICE SAFETY UNIT (PSPOA)
RECOMMENDATION:
It is recommended that City Council adopt a Minute Order approving a Side Letter of
Agreement to the Memorandum of Understanding (MOU) with the Police Safety Unit
(PSPOA), which covers the period July 1, 2000 through June 30, 2004.
SUMMARY:
The City's personnel rules contain a nepotism policy. The City's MOU with the
PSPOA also contains such a policy which is more restrictive than the City's policy.
The Police Safety Unit (PSPOA) has requested that their policy, which is set forth in
Article 37 Miscellaneous Provisions of the MOU, be amended so that it is more
consistent with the City's nepotism policy.
BACKGROUND:
The City's personnel rules contain a nepotism policy. The City's MOU with the
PSPOA also contains such a policy. The personnel rule prohibits initial employment
of relatives by blood or marriage. The MOU is more restrictive in that it states "no
person related by blood or marriage may be employed in the Palm Springs Police
Department at the same time." The Police Safety Unit (PSPOA) has asked that this
provision be amended to make it more consistent with the City's nepotism policy.
In response to the PSPOA's request, the city attorney's office reviewed the language
in the MOU and believes that it may be found to be in violation of the California's Fair
Employment and Housing Act ("FEHA"). Specifically, Section 12940 of the California
Government Code provides that:
"It shall be an unlawful employment practice, unless based
upon a bona fide occupational qualification, or, except where
based upon applicable security regulations established by
the United States or the State of California: (a) For an
employer, because of the ... marital status ... of any
person, to refuse to hire or employ the person or ... to bar
or to discharge the person from employment or ... to
discriminate against the person in compensation or in terms,
conditions, or privileges of employment."
f � �
In order to avoid potential litigation expense and exposure, we are recommending
that the language in the MOU be deleted and replaced with the proposed language
in the attached Side Letter. The proposed language is consistent with the City's
existing Personnel Rules regarding nepotism.
Representatives of the Police Safety Unit (PSPOA) have met and conferred in good
faith with the Municipal Employee Relations Representative (MERR) and are in
agreement with the proposed change.
17
DAVID H. READY
City Manager
ATTACHMENTS:
1, Minute Order Approving Side Letter of Agreement to Police Safety Unit
(PSPOA) Memorandum of Understanding.
2. Side Letter of Agreement to Police Safety Unit (PSPOA) Memorandum of
Understanding.
l� �1�
SIDE LETTER OF AGREEMENT TO THE JULY 1, 2000 - JUNE 30, 2004
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE MUNICIPAL
EMPLOYEE RELATIONS REPRESENTATIVE (MERR) AND THE PALM
SPRINGS POLICE OFFICERS' ASSOCIATION (PSPOA) REPRESENTING
THE POLICE SAFETY UNIT
1. Pursuant to the provisions of the Meyers-Milias-Brawn Act, this Side Letter of
Agreement amends the July 1, 2000 to June 30, 2004 Memorandum of
Understanding (hereinafter "MOU") entered into betwe,,cp the Municipal
Employee Relations Representative (hereinafter "MERR") of the City of Palm
Springs (hereinafter "City') and the Palm Springs Police Officers' Association
(hereinafter "PSPOA") representing the Police Safety Unit. The parties have met
and conferred in good faith and have jointly prepared this side letter of agreement.
2. ARTICLE 37 —MISCELLANEOUS PROVISIONS of the MOU is amended such
that the text thereof is deleted in its entirety and replaced with the following:
"37.1
The PSPOA and the City agree that no persons related by blood may be
employed in the Palm Springs Police Department at the same time.
Consistent with the definition for non-spouse relatives in City Personnel
Rule 9.4, related by blood shall include an employee's child, parent,
grandparenit, brother, sister, grandchild, uncle, nephew, niece and first
cousin. This section does not apply to sibling relationships or parent/child
relationships if the sibling, parent or child is within 24 months of nornial
retirement. Employees of the Palm Springs Police Department employed
prior to July 1, 1998 and related by blood to another employee of the Palm
Springs Police Department who was also employed prior to July 1, 1998
are exempted from the above, but in no case shall any employee be
supervised by a person related by blood.
37.2
Consistent with City Personnel Rule 9.4, the initial employment of
persons related by marriage to City employees will not be
permitted within the Palm Springs Police Department unless
specifically approved by the City Manager.
37.3
The parties agree that they will continue discussion concerning the
procedures to be utilized between the City's attorney and the PSPOA's
attorney when handling claims against police officers and the City for the
purpose of having consistent positions to better handle such claims, and
/ 5`,43
Side Letter to PSPOA MOU
Page 2
may reopen this MOU to include such language when agreement is
reached. Parties agree that this will occur prior to the end of September
2000."
MUNICIPAL EMPLOYEE PALM SPRINGS POLICE OFFICERS'
RELATIONS REPRESENTATIVE ASSOCIATION
Date: Date: 1 2" 18 41—
By: By:
CITY MANAGER PRESID NT,'PSP�O
By: By: Gem
HUMAN RESOURCES DIRECTOR BOAffNEMBER
By: By: W e'l— 0,-i
NEGOTIATOR B MEMBER
By:
O EMBER
By: /
BOARD MEMBER
IRV N27337 vI
MINUTE ORDER NO.
APPROVING A SIDE LETTER OF
AGREEMENT TO THE JULY 1, 2000 —
JUNE 30, 2004 MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE
MUNICIPAL EMPLOYEE RELATIONS
REPRESENTATIVE (MERR) AND THE
PALM SPRINGS POLICE OFFICERS'
ASSOCIATION (PSPOA) REPRESENTING
THE POLICE SAFETY UNIT
--------------
I HEREBY CERTIFY that this Minute Order, approving a Side Letter of Agreement with the
Palm Springs Police Officers Association ("PSPOK) was adopted by the City Council of
the City of Palm Springs, California, in a meeting thereof held on the 15`h day of January
2003.
PATRICIA A. SANDERS
City Clerk
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