HomeMy WebLinkAboutCC Res 5854 2009-04-13RESOLUTION NUMBER 5854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH AMENDING ARTICLES V, VIII, XII, and XIX OF THE
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
CITY OF SEAL BEACH AND THE SEAL BEACH POLICE
OFFICERS' ASSOCIATION (SBPOA)
WHEREAS, the City of Seal Beach ("City") affirms the dignity and worth of the
services rendered by its employees;
WHEREAS, In August 2008, the Seal Beach City Council commissioned
independent consultant Creative Management Solutions, Inc. ("CMS") to review
City class specifications and internal salary range and conduct market survey
data. Thereafter, CMS prepared a classification study ("Study") containing a
number of findings and recommendations;
WHEREAS, The City Council has reviewed the Study, and received input from
City staff and CMS concerning the Study's findings and conclusions. The City
reviewed its class specifications, market survey data, and internal salary range
differentials to assign jobs to new pay grades;
WHEREAS, there currently exists a Memorandum of Understanding (MOU)
between the City and the Seal Beach Police Officers' Association (SBPOA); and
WHEREAS, the City met and collectively bargained in good faith with the
SBPOA over wages, hours, and working conditions, and on March 11, 2009,
reached an agreement to amend the current MOU.
NOW, THEREFORE, the Seal Beach City Council hereby resolves:
Section 1. The Council hereby approves the Side Letter Agreement amending
Articles V, VIII, XII, and XIX of the MOU between the City and SBPOA.
Section 2. Concurrently with the adoption of this resolution, the Council has
approved the 2009 City of Seal Beach Pay Structure for regular full-time
employees, including those in the Seal Beach Police Officers Association.
Section 3. The Council hereby directs the City Manager to execute the Side
Letter Agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach on this 13th day of April , 2009 by the following vote:
AYES: Councilmembers (,~~
NOES: Councilmembers c
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Resolution Number 5854
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5854 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 13th day
of April , 2009.
Cit Clerk
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Adopted by Resolution No. 5854
April 13, 2009
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CITY OF SEAL BEACH
OFFICE OF THE CITY MANAGER
SIDE LETTER AGREEMENT
SEAL BEACH POLICE OFFICERS' ASSOCIATION
Pursuant to the re-opener clause contained in Article XXV of the 2007-2010
Memorandum of Understanding Between the City of Seal Beach and the Seal
Beach Police Officers' Association, dated October 22, 2007 (hereinafter referred
to as "MOU"), representatives of the City met and collectively bargained in good
faith with the Board of the Seal Beach Police Officers' Association, regarding
wages, hours, and working conditions, and on March 11, 2009, reached an
agreement. t
This Agreement amends certain provisions of the MOU, as follows:
Effective July 1, 2009, the language of ARTICLE "XII -HOLIDAYS" shall be
deleted and the following language shall be substituted in its place:
Section 1. Recognized Holidavs
The City will recognize the following designated holidays each fiscal year:
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
(July 4th)
(1st Monday in September)
(November 11)
(4th Thursday in November)
(December 24th)
(December 25th)
(January 1st)
(3rd Monday in January)
(3rd Monday in February)
(Last Monday in May).
Section 2. Floating Holidavs
The City will also recognize 3 floating holidays each fiscal year. Each unit
employee shall be eligible to accrue up to a maximum of 3 floating holidays on
July 1st of each year, subject to the following limitations. The floating holidays
shall be taken during the fiscal year (July 1st through June 30th) in which they
are accrued. An employee may not have more than 3 floating holidays on the
books at any time. If an employee does not use all 3 of his/her floating holidays
within the fiscal year in which the employee accrued them, he/she will not earn 3
additional floating holidays in the next fiscal year. Instead, the employee will only
earn that number of floating holidays, on July 1st of each year that will bring the
employee's balance of floating holidays to 3. Thus, if an employee uses only one
floating holiday during a fiscal year, that employee will only accrue 1 additional
floating holiday on July 1st of the following fiscal year, bringing the employee's
floating holiday balance up to 3 floating holidays. The parties encourage
employees in the unit to use their floating holidays. Since floating holidays
cannot be removed from an employee once earned, and the parties do not want
employees to have more floating holidays on the books than would be received
within the current fiscal year, a floating holiday(s) carried over at the end of the
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Adopted by Resolution No. 5854
April 13, 2009
fiscal year results in the employee being unable to earn that holiday(s) in the next
fiscal year.
The date on which a floating holiday will be used may be individually selected by
the employee subject to the approval of the Chief of Police. Approval will not
normally be granted if it would require the Department to backfill the employee's
position at time-and-one-half to maintain necessary staffing/deployment levels. A
floating holiday cannot be used on any of the designated holidays recognized by ,
the City or on another floating holiday.
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a Holiday.
When a holiday falls on a day that the employee performs no work (whether the
day is the employee's scheduled work day or not), the employee shall be paid
12.33 hours of holiday pay for the holiday, at the employee's regular rate of pay.
B. Compensation for a Holiday when Work is Performed on a Holiday,
When a holiday falls on a day that the employee performs work (whether the day
is the employee's scheduled work day or not), the employee shall be paid as
follows:
1. If the holiday is Independence Day, Thanksgiving Day,
Christmas Day, or New Year's Day the employee shall be paid "hardship" pay as
follows:
a. Twelve and one third (12.33) hours of holiday pay for the
holiday, at the employee's regular rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee actually
performed on the holiday, at the rate of pay otherwise specified in this MOU for
such work hours, and
c. Pay for the number of hours of work the employee actually
performed on the holiday, at the employee's regular rate of pay.
Example 1: Officer A works 6 hours on Christmas Day. Officer A would
earn pay computed as follows:
Hours Pav Rate
12.33 hours holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime hourly rate,
as applicable under MOU
6 hours hardship pay base hourly rate
2. If the holiday is not Independence Day, Thanksgiving Day,
Christmas Day, or New Year's Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for the holiday,
at the employee's regular rate of pay as per Section 3A, and
b. Pay for the number of hours of work the employee actually
performed on the holiday, at the rate of pay otherwise specified in this MOU for
such work hours.
Example 2: Officer B works 8 hours on Veterans' Day or a Floating
Holiday. Officer B would earn pay computed as follows:
Hours Pav Rate
12.33 hours holiday pay base hourly rate
8 hours work pay regular hourly rate or overtime hourly rate,
as applicable under MOU
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Adopted by Resolution No. 5854
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Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or non-ELBA
compensatory time at the rate of one hour of hardship pay converts to one hour
of time off or to one hour of non-ELBA compensatory time.
Effective April 13, 2009, the language of ARTICLE "XIX -MISCELLANEOUS
PROVISIONS -Section 1A -Tuition Reimbursement -Higher Education Degree
Programs" shall be deleted and the following language shall be substituted in its
place:
Section 1. Tuition Reimbursement
A. Higher Education Decree Programs .
Unit members attending accredited community colleges, universities, and trade
schools for the purpose of obtaining a higher education degree may apply for
reimbursement of tuition, books, student fees and parking. Reimbursement is
capped each calendar year at the tuition rate of the Cal State University system
for up to 2 semesters of full-time, undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the course.
Successful completion means a grade of "C" or better for undergraduate courses
and a grade of "B" or better for graduate courses. All claims for tuition
reimbursement require prior approval and are subject to verification and approval
by the City Manager. This tuition reimbursement does not pertain to P.O.S.T.
courses attended on duty.
Example 1: Officer A attends California State University, Long Beach, for
the Spring 2009 semester and completes two 3-unit undergraduate courses with
a grade of "C" or better. The tuition reimbursement would be calculated as
follows:
2008-2009 State University Tuition $ 885.00 (0-6 units)
Required University Fees 172.00 (approx.)
Parking 123.00
Books 300.00 (approx.)
TOTAL $1, 480.00
Example 2: Officer B attends California State University, Long Beach, for
the Spring 2009 semester and completes three 3-unit undergraduate courses
with a grade of "C" or better. The tuition reimbursement would be calculated as
follows:
2008-2009 State University Tuition $ 1,524.00 (7 or more units)
Required University Fees 172.00 (approx.)
Parking 123.00
Books 600.00 (approx.)
TOTAL $2, 419.00
Effective April 13, 2009, the language of ARTICLE "VIII -HEALTH CARE
COVERAGE AND LIFE AND DISABILITY INSURANCE -Section 5 -LIFE
INSURANCE" shall be deleted and the following language shall be substituted in
its place:
Section 5. Life Insurance Plan
The City shall pay 100% of the premium for a term life insurance policy with a
face value of $50,000, double indemnity accidental death benefit and a
dependent death benefit in the amount of $1,000 per dependent.
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Adopted by Resolution No. 5854
April 13, 2009
Effective April 13, 2009, the language of ARTICLE "V -COMPENSATION
PLAN -Section 7, Item 3" shall be deleted and the following language shall be
substituted in its place:
3) Effective the first payroll period in July 2009
Position Grade Increases
Police Officer 27 4%
Police Corporal 29 4%
*See "Exhibit 1"for complete list of Regular Employees Pay Structure
FOR THE SEAL BEACH POLICE OFFICERS' ASSOCIATION:
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Officer Eric TittleLPresident ~~
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CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
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David N. Carmany, C' y Manager
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Robbeyn C. Bird, Director of
Administrative Services/City Treasurer
JiyR. In~~, Assistan~f td~ the~ity Manager
Vince Mastrosimone, Director of
Public Works
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Officer P Go ~
Officer Mariana Martinez