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Resolution No. 7012 357 RESOLUTION NO. 7012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE OFFICERS' ASSOCIATION REGARDING PRORATION OF SPECIAL PAYS WHEREAS, the Cypress Police Officers' Association is an unincorporated, recognized employee organization within the meaning of Government Code § 3501(b); and WHEREAS, Article VI of the Memorandum of Understanding, does not address payment of special pays while an employee is on a leave of absence; and WHEREAS, the City proposed that flat dollar pays such as Education Incentive, POST Certificate, Bilingual and SWAT be treated in the same manner as percentage- based special pays in that the amount is prorated based on hours worked or used; and WHEREAS, the Association largely agreed to the proposal with the exception made for unpaid leave resulting from disciplinary action; and WHEREAS, the City and the Association established a Side Letter Agreement outlining the terms of the proration of special pays; and WHEREAS, all other terms and conditions of the Memorandum of Understanding between the City of Cypress and the Cypress Police Officers' Association July 1 , 2022 through June 30, 2026, shall remain in effect. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress, and acting as ex-officio governing Board of Directors of the Cypress Recreation and Park District as follows: The Side Letter Agreement, attached hereto, is hereby approved and incorporated herein by reference, a copy of which is on file in the Office of the City Clerk. PASSED AND ADOPTED by the City Council of the City of Cypress, and acting as ex-officio governing Board of Directors of the Cypress Recreation and Park District, at a regular meeting held on the 28th day of April, 2025. NVl \PP/14 MAYOR OF THE CITY OF CYPRESS ATTEST: CITY C ERK OF TH CITY O CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } SS I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 28th day of April, 2025, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Chang, Minikus, Peat, Medrano and Burke NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLER OF T E CITY OF CYPRESS 358 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE OFFICERS' ASSOCIATION REGARDING PRORATION OF SPECIAL PAYS Pursuant to the provisions of the Memorandum of Understanding (hereinafter "MOU") between the City of Cypress (hereinafter"City") and the Cypress Police Officers' Association (hereinafter "CPOA") July 1, 2022 — June 30, 2026, Section 5, Section 6, Section 10 and Section 14 of Article VI —Special Pay Provisions will be addressed in this side letter. When an employee is on unpaid or partial paid leave of absence, it is the City's position that Education Incentive Pay, POST Certification Pay and SWAT Pay should be prorated, much like vacation and sick leave accruals. Other special pays are percentage-based and therefore, the calculation of these pays is self-regulated. The City proposed that all special pays be calculated in the same manner to ensure consistency. The CPOA agreed to prorating the aforementioned pays with the exception for unpaid leave due to disciplinary action. The parties met and conferred on the matter and agreed the following language will be added to each respective Section of Article VI: Section 5. Educational Incentive Pay E. Educational Incentive Pay will be prorated when an employee is on unpaid or partial paid leave of absence. This does not apply to unpaid leave due to disciplinary action. Section 6. Peace Officer Standards and Training (POST) Certificate Pay E. POST Certificate Pay will be prorated when an employee is on unpaid or partial paid leave of absence. This does not apply to unpaid leave due to disciplinary action. Section 10. Bilingual Pay I. Bilingual Pay will be prorated when an employee is on unpaid or partial paid leave of absence. This does not apply to unpaid leave due to disciplinary action. Section 14. SWAT Pay SWAT Pay will be prorated when an employee is on unpaid or partial paid leave of absence. This does not apply to unpaid leave due to disciplinary action. It is the intent of both parties to incorporate the language above in a future Memorandum of Understanding between the City of Cypress and the Police Officers' Association. Except as modified herein, or by subsequent written agreement of the Parties, all other existing terms of the MOU and any applicable Side Letters shall remain unchanged and in full force and effect as provided thereon. 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