Resolution No. 6496319
RESOLUTION NO. 6496
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE SIDE LETTER OF AGREEMENT BETWEEN THE
CITY OF CYPRESS AND THE CYPRESS POLICE OFFICERS' ASSOCIATION
REGARDING PRORATION OF UNIFORM ALLOWANCE PAYMENTS
WHEREAS, the Cypress Police Officers' Association is an unincorporated,
recognized employee organization within the meaning of Government Code § 3501(b);
and
WHEREAS, Article VI, Section 6A of the Memorandum of Understanding
between the City of Cypress and the Cypress Police Officers' Association effective July
1, 2013 through June 30, 2016 was of concern to the Association; and
WHEREAS, the City and the Association met and conferred on the single issue
of clarifying how employees are paid uniform allowance while out on an industrial injury;
and
WHEREAS, the City and the Association established a Side Letter of Agreement
to clarify the current practice and establish how employees will be paid uniform
allowance while out on an industrial injury; and
WHEREAS, all other terms and conditions of the Memorandum of
Understanding between the City of Cypress and the Cypress Police Officers'
Association for the period, July 1, 2013 through June 30, 2016, shall remain in effect.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Cypress as follows:
The Side Letter of 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, at a regular
meeting held on the 27th day of April, 2015.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO
THE CITY OF CYPRESS
I, DENISE BASHAM, 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 27th day of April, 2015, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
i' ,:( r C c fit J1(
CITY CLERK OF THE CITY OF CYPRESS
320
SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF CYPRESS
AND THE CYPRESS POLICE OFFICERS' ASSOCIATION
REGARDING PRORATION OF UNIFORM ALLOWANCE PAYMENTS
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 ") for the period July 1, 2013 - June 30, 2016, Section 6 - Uniform Allowance and Safety
A. of Article VI - Special Pay Provisions the following is stated:
A. Designated departmental employees who are required to wear a uniform and /or
possess and maintain specific utility equipment, including firearm, shall receive a
biannual uniform allowance in accordance with the following:
Sworn Personnel $500
B. All uniforms and non - safety equipment shall be purchased by the employee with
the uniform allowance.
As a matter of practice, the City has historically prorated the amount of uniform allowance paid
when an employee is out on any unpaid leave, short or long -term disability or for an on- the -job
injury under Labor Code 4850 (hereinafter "4850 "). In December of 2014, the CPOA brought
the matter of prorating the uniform allowance when an employee is out on 4850 to the City as a
concern. The CPOA's concern was related to the language in the MOU being vague and such
language did not specifically indicate prorating the uniform allowance was permissible by the
City when out on 4850 pay. It was the position of the City that the current practice of prorating
uniform allowance had been in place for decades and that a past practice had been clearly
established. The parties met and conferred on the matter and came up with the following
solution to clarify both the language and the practice going forward:
1) Effective January 1, 2015, the proration of uniform allowance will begin after the
employee has been out on 4850 leave for a period of 90 days. Individuals out on any
form of unpaid leave will continue to have their uniform allowance prorated immediately.
It is understood by the parties that the uniform allowance is intended to reimburse
officers for the actual expenses incurred by officers in connection with maintaining and
replacing their uniform due to wear and tear. It is further understood that an officer on •
leave is not required to wear his or her uniform, will not incur any expenses associated
with maintaining and replacing uniforms, and therefore should not receive the uniform
allowance.
2) For active employees who were out on 4850 leave for any uniform amounts that were
prorated between January 1, 2014 and December 31, 2014, the City will provide
retroactive payment.
It is the intent of both parties to incorporate the language in 1) above in a future Memorandum of
Understanding between the City of Cypress and the Police Officers' Association.
CITY
t
By:
CYPRESS POLICE OFFICERS' ASSOCIATION
Dated: 11/1/45- By ,' Dated: "/-
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