10 Staff Report TEA Dispatcher Shift Change Side Letter with attachments
PREPARED BY: Cheryl Parkman
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/20/2024 ITEM NO: 10
DATE: August 9, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve and Authorize the Town Manager to Execute a Side Letter of
Agreement between the Town of Los Gatos and the Town Employees’
Association (TEA) for Alternative 12-hour Dispatch Schedules
RECOMMENDATION:
Approve and authorize the Town Manager to execute a Side Letter of Agreement between the
Town of Los Gatos and the Town Employees’ Association (TEA) for alternative 12-hour Dispatch
schedules
BACKGROUND:
The Los Gatos-Monte Sereno Police Department currently budgets for eight Communication
Dispatchers to intake emergency and non-emergency calls. Seven of those positions are
currently filled. As one of the Dispatchers is in training, the six fully trained Dispatchers
currently fill the following shifts:
• Day Shift – 6:00 a.m. – 6:00 p.m.
• Swing Shift – 12:00 p.m. – 12:00 a.m.
• Mid Shift – 6:00 p.m. – 6:00 a.m.
Currently, there are 96 hours of overtime built in the schedule. The six Dispatchers each work
eight hours of overtime per pay period to ensure that there is adequate coverage. Each
Dispatcher works four days in the first week of the pay period and three days in the second
week of the pay period. Each four-day work week results in the eight hours of overtime.
Additionally, from 12:00 a.m. – 6:00 a.m., there is only one Dispatcher on duty. If a Dispatcher
needs to leave their work area, they must contact a Patrol Officer to cover the phones in case of
PAGE 2 OF 3 SUBJECT: TEA Dispatcher Shift Change Side Letter DATE: August 9, 2024
BACKGROUND (continued):
emergency calls. If there is an influx of emergency calls, the sole Dispatcher on duty will also
need to call Patrol for assistance.
The current work week is designated Sunday through Saturday. Due to federal Fair Labor
Standards Act (FLSA) guidelines, if more than 40 hours are worked within the designated
workweek, then the Town is required to pay those additional hours at the overtime rate.
DISCUSSION:
In collaboration with TEA, the Police Department proposed that the Dispatchers implement two
changes to the 12-hour schedules:
1. Use a different designation of the workweek
2. Add a midnight shift
FLSA regulations allow employers to designate the workweek. Although the Dispatchers
currently work 12-hour shifts, the designation of the workweek from Sunday – Saturday
requires the Town to pay eight hours of overtime for each of the six Dispatchers every pay
period. In the proposed 12-hour shift changes, the work weeks would be designated to
accommodate each Dispatcher working only 40 hours in one workweek and 80 hours in one pay
period.
By changing the designation of the workweek, the amount of built in overtime will be reduced
for each staff member by eight hours per pay period when the Dispatch unit is fully staffed.
Until such time, there will still be at least 24 hours of built-in overtime per month for the
Dispatch unit, which is still an improvement over the 96 hours of built-in overtime per month
built into the schedule.
With the addition of a midnight shift, there will be increased coverage from the hours of 12:00
a.m. – 6:00 a.m. each day. During those hours, there is currently only one Dispatcher on shift.
This change will allow for at least two Dispatchers to be on shift with, the exception of Sunday
from 4:00 a.m. – 12:00 p.m. This is a 75% increase in coverage, and Sundays have typically
lower call volumes for Dispatch. Should there be a need to change schedules in the future to
accommodate more coverage, the Police Chief has the discretion to review the schedules.
CONCLUSION:
Staff has met its obligation to meet and confer with TEA on the proposed Side Letter. In
addition, the proposed schedules have been reviewed with the Town’s outside employee
PAGE 3 OF 3 SUBJECT: TEA Dispatcher Shift Change Side Letter DATE: August 9, 2024
CONCLUSION (continued):
relations consultant for FLSA compliance. TEA has indicated support for the proposed
schedules.
COORDINATION:
The preparation of this report was coordinated with the Human Resources Department, Police
Department, Finance Department, Town Attorney’s Office, and Town Manager’s Office.
FISCAL IMPACT:
This change will result in a cost savings due to the decrease in overtime costs. Based on the
average overtime in the last six months, the overtime costs would decrease by an estimated
$17,000 per month when the seven Dispatchers move to the proposed schedule as built in
overtime would decrease to 24 hours per month. When the Dispatch unit is fully staffed, the
estimated savings per month would increase to $19,900 per month as there would be no built-
in overtime for Dispatch staff. Please note that there may be occasions where scheduled
training and vacations and unscheduled leave result in overtime, but it would not be built into
the regular schedule for Dispatchers.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. 12-Hour Dispatch Shift Side Letter with TEA
Attachment 1
SIDE LETTER OF AGREEMENT
BETWEEN THE
TOWN OF LOS GATOS AND THE TOWN EMPLOYEES’ ASSOCIATION
The Town of Los Gatos (Town) and the Town Employees’ Association have met and conferred in
good faith and hereby agree to the following to decrease overtime hours and increase
Dispatcher coverage:
1. Effective as soon as practicable, the Los Gatos-Monte Sereno Police Department’s
Communication Dispatch employees will have the ability to bid on four different work
schedules that provide an alternative work schedule of majority 12-hour shifts. The
shifts offered to the Communication Dispatch employees will be:
1. Day Shift;
2. Mid Shift;
3. Swing Shift; and
4. Midnight Shift
2. Pursuant TEA MOU Section 7.7.1, a Dispatcher’s schedule will consist of seven separate
work days for a total of 80 hours during a Town-designated fourteen-day pay period, for
which the schedule includes 3 twelve-hour days and 1 four-hour day in one week and 3
twelve-hour days and 1 four-hour day in the other week. For payroll purposes, each
employee has a designated start and end time to begin and end their work week.
3. The parties agree that an employee’s work schedule will be modified such that each
workweek shall only consist of 40 hours in a seven-day workweek and 80 hours per pay
period. These schedules shall be in conformance with FLSA regulations.
4. Overtime shall be payable in accordance with Section 11.4 of the MOU. Where
applicable and in accordance with the TEA MOU, the Department may permit an
employee to take compensatory time in lieu of paid overtime.
5. Dispatchers will continue to use current shift bidding procedures to bid on the new shift
schedules.
6. Pursuant to TEA MOU Section 7.6.4, employees may also make requests for temporary
changes to their normal work schedule. In those cases, the employee's schedule may
change with the approval of the employee's Department Director (e.g. an earlier start
and end of shift or a change in the number of hours per day), so long as that change
does not result in overtime liability to the Town.
7. This side letter will continue at the discretion of the Chief of Police based on periodic
reviews and evaluations of the operational needs of the Department. Should the Chief
of Police decide to discontinue the 12-hour alternative work schedules, the employees
Attachment 1
will receive advanced notice for the next shift bidding process. The termination of the
12-hour alternative work schedule is not subject to any grievance or appeal procedure.
8. The parties agree that this side letter is subject to Council approval.
FOR TEA: TOWN OF LOS GATOS:
______________________________ ________________________________
Christine Crossen, Laurel Prevetti, Town Manager
Communications Dispatcher Lead
APPROVED AS TO FORM:
________________________________
Gabrielle Whelan, Town Attorney