REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution to Identify the Terms and Conditions for Mutual Aid Response to Emergency Incidents Outside of the Jurisdiction and to Rescind and Replace Resolution No. 696-15
Report
BACKGROUND
The California Office of Emergency Services, the State of California Department of Forestry and Fire Protection, and various Federal Fire Agencies are responsible for providing wild land fire protection. The agencies have operated for approximately 70 years under the California Master Mutual Aid Agreement, with the purpose of coordinating Federal, state and local agency resources (Mutual Aid Providers) to effectively respond to wild land fires and other emergencies.
The California Fire Assistance Agreement (CFAA) governs the operational and administrative protocols that enable local agencies to deploy personnel, fleet, and apparatus to emergency operations throughout the state and submit reimbursement requests for costs associated with mutual aid support.
The City of Sunnyvale Department of Public Safety (DPS) has participated as a Mutual Aid Provider since the inception of this program. Mutual Aid assignments generally last 14 days but can be 21 days in length. Personnel deployed to Mutual Aid assignments can include sworn officers, sworn supervisors, radio operators (dispatchers), and mechanics. Assignment length is contingent upon the need assessed by CFAA.
In order to adequately recover the costs of deployment of its personnel and equipment, DPS performs an annual review of existing budgeted rates for personnel and calculates the effective rate for each class of employee to be utilized in an event.
As a participating Mutual Aid agency, Sunnyvale must submit to CalOES a resolution that substantiates our agency’s employee compensation policy as “portal to portal” (a common term that includes travel time to/from an employee’s home station). The City previously adopted a Resolution in 2015 to include portal to portal pay (RTC#15-320, Resolution 696-15).
On February 8, 2024 Cal OES notified DPS that the 2015 Resolution contains language that does not adhere to their current guidelines. A revised resolution is required so the City can continue to submit reimbursement requests for personnel travel time.
EXISTING POLICY
Department of Public Safety employs 201 sworn personnel who are compensated under the City Salary Resolution. Additionally, a Memorandum of Understanding is in place between the City of Sunnyvale and the Sunnyvale Public Safety Officers Association (”PSOA”); the City and Management level employees (”PSMA”); the City and Public Safety Dispatchers (“COA”); and City Equipment Mechanics who are part of Sunnyvale Employees Association (“SEA”). All MOUs provide for overtime pay with time beginning and ending with the assignment. For example, Section 41.5.1(d) of the PSOA MOU provides that work hours may be adjusted in the event of an emergency:
“For exigent circumstances (e.g., earthquake, flood, terrorist event, etc.), the work hours may be shifted temporarily, for a time frame necessary to address the event, at the direction of the Director of Public Safety or designee.”
Under Section 12.7 of the PSMA MOU, Captains and Deputy Chiefs receive overtime for mutual aid responses as follows:
“Captains and Deputy Chiefs will receive additional pay, commonly referred to as “overtime”, for responses outside the City of Sunnyvale, with the approval of the Director of Public Safety and the City Manager, when initiated by local, state and/or federal mutual aid agreements. The employee will be compensated for off-duty time during the deployment or assignment at the prevailing rate not to exceed 1.5 times the employee’s hourly rate.
As an example, an employee who is deployed for 7 days on an out-of-county wild land deployment would receive additional pay, at 1.5 times their hourly rate, for the entire time of deployment above and beyond their 40-hour work week.”
Moreover, current departmental policy and past practice regarding overtime, deployment and special assignments indicates that employees are paid for the entire time they are engaged in an activity. This includes travel time, when applicable, in accordance with City Administrative Policy regarding employee travel (Chapter 4, Article 5, Subd 4(f)).
ENVIRONMENTAL REVIEW
The action being considered is exempt from the requirements of the California Environmental Quality Act (CEQA) because it is related to the creation of a government funding mechanism or other fiscal activity that does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)).
DISCUSSION
The California Master Mutual Aid program has gained national recognition for its ability to rapidly mobilize and transport substantial resources from one end of the state to the other. DPS personnel, fleet, and apparatus will continue to support this vital partnership. As such, it is important that every effort is made to recover the City’s cost for mutual aid deployment.
Current and historical departmental policy and practice includes portal to portal pay for various activities where personnel are deployed and/or assigned outside of Sunnyvale. Portal to portal is a commonly used expression to define the time period beginning from when a unit is deployed to a mutual aid event, through the entire time they are gone, until the unit arrives back at its regular station assignment and relieved of duty for that event.
In order for the Department of Public Safety to recover the cost of portal to portal pay for activities related to the CFAA, the City must provide CFAA with a revised resolution stating that it is our official policy to compensate employees for all hours worked in association with any CFAA deployment, including travel time. The revised resolution must indicate that pay of City employees is not contingent upon reimbursement. City Administrative Policy Chapter 4, Article 5, Subd. 4(f) states that travel time is compensable under certain conditions identified in the Fair Labor Standards Act (FSLA).
FISCAL IMPACT
Adoption of a revised resolution will provide that costs associated with deployment of personnel to statewide emergency events may be subject to reimbursement. There will be no additional fiscal impact to the City.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Adopt a Resolution to identify the terms and conditions for mutual aid response to emergency incidents outside of the jurisdiction and to rescind and replace Resolution No. 696-15 subject to reimbursement provided under the California Fire Assistance Agreement (CFAA).
Staff
Prepared by: Elaine Ketell, Sr. Management Analyst
Reviewed by: Chief Phan S. Ngo, Director of Public Safety
Reviewed by: Jaqui Guzmán, Deputy City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Draft Resolution