REPORT TO THE CITY COUNCIL FROM: MARISSA SANCHEZ, Director Personnel Services Department SUBJECT ..Title ***Approve a Side Letter of Agreement with the Fresno Police Officers Association (FPOA), for Unit 4 - Non-Management Police, regarding Minimum Staffing (Subject to Mayor's Veto) ..Body RECOMMENDATION It is recommended Council approve a Side Letter of Agreement with FPOA regarding minimum staffing to reflect the tentative agreement between the City and FPOA which was agreed upon during successor MOU negotiations and inadvertently overlooked in the successor MOU due to the transition of lead negotiators for the City near the conclusion of negotiations. EXECUTIVE SUMMARY Council is asked to approve a Side Letter of Agreement with FPOA to correct the oversight of excluding a tentative agreement regarding minimum staffing in the successor MOU with FPOA. The side letter reflects language which the City and FPOA tentatively agreed to during successor MOU negotiations which eliminates the prior preferred staffing model in patrol and implements a minimum staffing model. The minimum staffing model will allow the Police Department to define the number of officers within the patrol matrix individual shifts and districts which are required to maintain optimum operational efficiency in patrol. Officer safety and an adequate level of protection provided to the public will be primary considerations when determining minimum staffing levels. Pursuant to the Side Letter, the Police Department would reserve the right to determine minimum staffing levels in patrol, by shift and district, for any given patrol matrix period, and such staffing levels would remain in effect for the entire matrix period absent a significant change in circumstances due to matters outside the control of the Department. BACKGROUND In the spring of 2021, the City retained outside counsel to serve as lead negotiator during successor MOU negotiations with FPOA during which time several tentative agreements were reached by the parties. Near the conclusion of successor MOU negotiations in the winter of 2021, the role of lead negotiator transitioned to City staff who ultimately reached an agreement with FPOA on a successor MOU. In February 2022, the successor MOU was presented to Council and approved for adoption. Following adoption of the MOU, it was discovered that a tentative agreement regarding minimum staffing that was reached by the parties during the period outside counsel served as lead negotiator for the City was overlooked when the successor MOU was prepared by City staff. Approval of the side letter would implement the tentative agreement reached by the parties reflecting the intent to eliminate the preferred staffing model in patrol and implement a minimum staffing model. The City Attorney's Office has approved the Side Letter of Agreement as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a "project" and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference is not implicated because this item does not involve public contracting or bidding with the City of Fresno. FISCAL IMPACT Approval of the Side Letter of Agreement on minimum staffing has no fiscal impact. Attachments: Side Letter of Agreement between the City and FPOA: Minimum Staffing - Redline Side Letter of Agreement between the City and FPOA: Minimum Staffing - Final