12 Staff Report POA Shift Change Side Letter with attachment
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: 12
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 Police Officers’
Association (POA) for Patrol 12-Hour Shift Schedules
RECOMMENDATION:
Approve and authorize the Town Manager to execute a Side Letter of Agreement between the
Town of Los Gatos and the Police Officers’ Association (POA) for Patrol 12-hour shift schedules.
BACKGROUND:
The Los Gatos-Monte Sereno Police Department currently deploys four Patrol teams consisting
of Officers, Corporals, and Sergeants on 12.33-hour shifts. The 12.33-hour shifts are worked
Monday – Wednesday and every other Thursday or Friday – Saturday and every other
Thursday. This schedule can result in 6.31 hours of overtime per Patrol team member per pay
period or 12.33 hours of overtime per month. The complexity of the 12.33 shift schedule can
create administrative challenges for payroll processing and adjustments.
DISCUSSION:
In collaboration with POA, the Police Department proposed 12-hour shift schedule that would
eliminate the additional 0.33 hours per shift. By eliminating the additional 0.33 hours per shift,
the proposed schedules would ease the administrative complexity of the current shift schedule
and reduce the overtime of each Patrol team member by a minimum of two hours per pay
period. The new schedules result in 84 hours of work per pay period. These schedules result in
four hours more than 80 hours each pay period. The four hours would be used as needed at
the discretion of the Watch Commander based on staffing and operational needs.
PAGE 2 OF 2 SUBJECT: POA Shift Change Side Letter DATE: August 9, 2024
DISCUSSION (continued):
In addition, a swing shift will be added from 3:00 p.m. to 1:00 a.m. for certain teams. This new
shift would allow for the Police Department to have additional staffing during peak call volume
periods. This will not reduce minimum staffing levels.
CONCLUSION:
Staff has met its obligation to meet and confer with POA on the proposed Side Letter. In
addition, the proposed schedules have been reviewed with the Town’s outside employee
relations consultant for FLSA compliance. POA 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 costing savings due to the decrease in overtime costs. Based on the
overtime costs for the pay periods in July 2024, there would be a minimum savings of $11,000
per month.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. POA Shift Change Side Letter
12557655.1 LO007-005 ATTACHMENT 1
SIDE LETTER OF AGREEMENT
BETWEEN THE
TOWN OF LOS GATOS AND THE LOS GATOS POLICE OFFICERS’ ASSOCIATION
With a goal of developing a more effective operational deployment model for the Patrol Teams,
the Town of Los Gatos (Town) and the Los Gatos Police Officers Association (LGPOA),
collectively referred to as "parties," having met and conferred in good faith, agree as follows:
• As soon as practicable, the Los Gatos-Monte Sereno Police Departments Patrol Teams
will have the ability to bid on three different Patrol Team schedules that work 12-hour
shifts known as the Hybrid Wellness Schedule. These shifts are:
a. Day Shift (7:00 am – 7:00 pm)
b. Night Shift (7:00 pm – 7:00 am)
c. Swing Shift (3:00 pm – 1:00 am)
• The parties agree that the Day or Night shift will consist of one work week of four 12-
hour shifts, and one work week of three 12-hour shifts in one pay period. These
schedules result in eighty-four (84) scheduled hours of work per pay period. The parties
agree that the four hours in excess of eighty (80) will be used as needed at the
discretion of the Watch Commander based on staffing and operational needs.
• The parties agree that the Swing Shift will consist of four 10-hour shifts per week.
• This side letter incorporates the contractual overtime set forth in Section 20 of the
parties’ MOU. Notwithstanding the Town’s contractual overtime obligations, the Town
has established and hereby memorializes a 28-day work period pursuant to the Fair
Labor Standards Act at section 29 U.S.C. 207(k) for all eligible law enforcement
personnel, regardless of title or rank. Under the town’s 28-day 207(k) work period, no
statutory overtime is owed unless and until a covered employee actually works in excess
of 171 hours in the 28-day work period. The Town’s 28-day work period is contiguous
with two biweekly pay periods and regular recurs.
• 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 Hybrid Wellness Schedule, the employees 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.
• The parties agree that this side letter is not subject to any applicable grievance or other
appeal procedure. If a LGPOA member has questions about their payments under this
side letter, the member should direct their questions to the LGPOA.
12557655.1 LO007-005 ATTACHMENT 1
• The parties agree that this side letter is subject to Council approval.
FOR POA: TOWN OF LOS GATOS:
______________________________ ________________________________
Richard Rondeau, Police Sergeant Laurel Prevetti, Town Manager
APPROVED AS TO FORM:
________________________________
Gabrielle Whelan, Town Attorney