HomeMy WebLinkAboutPDEO Final Side Letter Callback 9262023City of Palm Desert and PDEO Side Letter #1
July 1, 2023 – June 30, 2026
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CITY OF PALM DESERT
SIDE LETTER #1 OF AGREEMENT CLARIFYING
THE CALL BACK PAY IN THE JULY 1, 2023 – June 30, 2026 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND
THE PALM DESERT EMPLOYEES ORGANIZATION
1. PARTIES AND DATE.
This Side Letter of Agreement (Side Letter) is entered into this 24th day of August
2023, by and between the City of Palm Desert (City) and the Palm Desert Employees
Organization (PDEO). City and PDEO are sometimes individually referred to as
“Party” and collectively as “Parties” in this Side Letter.
2. RECITALS.
2.1. City and PDEO entered in a Memorandum of Understanding (MOU) effective July
1, 2023 through June 30, 2026.
2.2. Article 2.1 of the MOU memorializes the Parties’ agreement to meet and confer with
respect to any subject or matter related to this MOU, further, in accordance with the
Meyers-Milias-Brown Act the Parties agree to meet and confer on issues related to
wages, hours and working conditions.
2.3. Article 4.2 of the MOU memorializes the Parties’ agreement regarding stand by and
callback pay. In order to respond to interpretation questions regarding the new
language, the Parties’ agreed to meet and confer to clarify.
2.4. After meeting and conferring in good faith, the City and the PDEO desire to modify
certain terms and conditions of the MOU as set forth in this Side Letter.
2.5. This Side Letter shall be in effect following City Council Approval.
3. TERMS
3.1. In Article 4, Subsection 4.4 is added as follows:
On-Site Call Back
When a nonexempt employee is called back to return to the worksite for duty
during off hours, such employee shall receive a minimum of two hours plus time
worked in excess of two hours for each time the employee is called back to the
worksite. Such employee shall be compensated by a payment at the rate of one
DocuSign Envelope ID: BFC117C1-DE99-4A17-B4C1-C8CE0BECE08A
City of Palm Desert and PDEO Side Letter #1
July 1, 2023 – June 30, 2026
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and one-half times the employee’s regular rate of pay in the workweek that
callback duty incurred.
Off-Site Call Back
When a nonexempt employee is called back to resolve work-related requests
without having to return to the worksite duty during off hours, such employee shall
receive a minimum of 2-hours for the first call and any other calls made and
received during the 2-hour time from the first call, at the rate of one and one-half (1
½) time the employee’s base hourly rate plus time worked in excess of the 2 -hours.
For calls received after the 2-hour from the first call has expired the employee shall
receive a minimum of thirty minutes at the rate of one and one-half (1½) times the
employee’s base hourly rate plus time worked in excess of thirty minutes for each
time the employee is called back off -site to resolve a work-related request. The 2-
hours and each 30 minutes off site call back could be for the same or different
events.
3.2. Entire Agreement; Continuing Effect of MOU. It is understood that the specific
provisions contained in this Side Letter shall be in addition to any other side letters
previously approved but will supersede any previous agreements, whether oral or
written, directly related to any matters expressly addressed herein.
3.3. Expiration of Side Letter. This Side Letter shall expire and become null and void on
June 30, 2026, upon expiration of the MOU, at which time the terms and conditions
of this Side Letter will be reviewed for applicability of extension into a successor
agreement.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: BFC117C1-DE99-4A17-B4C1-C8CE0BECE08A
City of Palm Desert and PDEO Side Letter #1
July 1, 2023 – June 30, 2026
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed on the date first hereinabove written:
PDEO Board CITY
________ __________________ 9/14/2023 _________________
Date Cora Gaugush Date L. Todd Hileman
PDEO Board Member City Manager
________ __________________ 9/14/2023 _________________
Date John Urkov Date Veronica Chavez
PDEO Board Member Director of Finance
________ __________________ 9/14/2023 _________________
Date Alex Vasquez Date Martin Alvarez
PDEO Board Member Director of Public Works
________ __________________ 9/14/2023 _________________
Date Kevin Swartz Date Andrea Staehle
PDEO Board Member Human Resources Manager
________ __________________ 9/14/2023 __________________
Date Jose Rojas Date Amber Molina
PDEO Board Member Human Resources Analyst
9/14/2023 __________________
Date Isra Shah
City Attorney
ATTEST
_______________________
Anthony J. Mejia
City Clerk
DocuSign Envelope ID: BFC117C1-DE99-4A17-B4C1-C8CE0BECE08A
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