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Home My WebLink AboutCC AG PKT 2009-04-13 #FAGENDA STAFF REPORT DATE: April 13, 2009 TO: Honorable Mayor and City Council THRU: David N. Carmany, City Manager FROM: Jill R. Ingram, Assistant to the City Manager SUBJECT: ADOPTION OF RESOLUTION AMENDING ARTICLES 3, 20, 23, and 29 OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE MANAGEMENT ASSOCIATION SUMMARY OF REQUEST: That the City Council adopt Resolution No. 5855, amending Articles 3, 20, 23, and 29 of the Memorandum of Understanding between the City of Seal Beach and the Seal Beach Police Management Association. BACKGROUND: In August 2008, the 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. The City reviewed the Study, and received further input from CMS concerning the Study's findings and conclusions. Based upon the findings and recommendations, the City Council directed City management to negotiate with the City employees and to develop a pay structure. On March 11, 2009, the terms of a tentative Side Letter Agreement were reached between the City of Seal Beach negotiation team (City Manager, Assistant to the City Manager, Director of Administrative Services, and Director of Public Works), and the Seal Beach Police Management Association. If approved by the Council, the Side Letter Agreement will amend Articles 3, 20, 23, and 29 of the Memorandum of Understanding between the City of Seal Beach and the Seal Beach Police Management Association. The amended MOU has a remaining term of April 13, 2009 -June 30, 2010. Agenda Item F Page 2 FINANCIAL IMPACT: Funds in the amount of $300,000 have been previously designated by the City Council for salary increases. In subsequent years, funds will be appropriated through the budget process. RECOMMENDATION: That the City Council adopt Resolution No. 5855, A Resolution of the City Council of the City of Seal Beach Amending Articles 3, 20, 23, and 29 of the Memorandum of Understanding (MOU) Between the City of Seal Beach and the Seal Beach Police Management Association. SUBMITTED BY: Jill .Ingram , ssistant to the City anager NOTED AND APPROVED: C~~`'~ David N. Carmany City Manager Attachment(s): A. Resolution No. 5855 Page 3 ATTACHMENT A RESOLUTION NO. 5855 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING ARTICLES 3, 20, 23, and 29 OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE MANAGEMENT ASSOCIATION RESOLUTION NUMBER 5855 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING ARTICLES 3, 20, 23, AND 29 OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH POLICE MANAGEMENT ASSOCIATION (SBPMA) 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 between the City of Seal Beach and the Seal Beach Police Management Association; and WHEREAS, the City met and collectively bargained in good faith with the SBPMA over wages, hours, and working conditions, and on March 11, 2009, reached an agreement to amend the current Memorandum of Understanding. NOW, THEREFORE, the Seal Beach City Council hereby resolves: Section 1. The Council hereby approves the Side Letter Agreement amending Articles 3, 20, 23, and 29 of the Memorandum of Understanding between the City of Seal Beach and the Seal Beach Police Management Association. 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 Management 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 ABSENT: Councilmembers ABSTAIN: Councilmembers Mayor ATTEST: City Clerk Resolution Number 5855 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 5855 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. City Clerk Adopted by Resolution No. 5855 April 13, 2009 ,~yoF seat aFti ~'V ~~ eel: :~, f ~cQ("FOR''`Pf CITY OF SEAL BEACH OFFICE OF THE CITY MANAGER SIDE LETTER AGREEMENT SEAL BEACH POLICE MANAGEMENT ASSOCIATION Pursuant to the re-opener clause contained in Article 51 of the 2007-2010 Memorandum of Understanding Between the City of Seal Beach and the Seal Beach Police Management 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 Management Association, regarding wages, hours, and working conditions, and on March 11, 2009, reached an agreement. This Agreement amends certain provisions of the MOU, as follows: Effective July 1, 2009, the language of ARTICLE "23 -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 one additional 1 of 4 Adopted by Resolution No. 5855 April 13, 2009 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 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 Holidav when No Work is Performed on a Holidav. 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 Holidav when Work is Performed on a Holidav 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 2of4 Adopted by Resolution No. 5855 April 13, 2009 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 Section 4. Conversion of Hardship Pav 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 "20 - TUITION REIMBURSEMENT -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. Hiaher Education Dearee Proarams 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: 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 faoarox.l TOTAL $1, 480.00 Effective April 13, 2009, the language of ARTICLE "29 -LIFE INSURANCE" shall be deleted and the following language shall be substituted in its place: 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. 3 of 4 Adopted by Resolution No. 5855 April 13, 2009 Effective April 13, 2009, the language of ARTICLE "3 -SALARIES -Section 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 Records Supervisor 28 4% Police Sergeant 37 4% Police Lieutenant 44 4% Police Captain 50 4% 'See 'Exhibit 1"for complete list of Regular Employees Pav Structure . For the SEAL BEACH POLICE MANAGEMENT ASSOCIATION: ~~ Date: 'rl ~ 1~ Serge oe Miller ' ~ `iv /LwL Date: / " O /- O 9 Sergeant Bob Mullins CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES: David N. Carmany, City Manager Robbeyn C. Bird, Director of Administrative Services/City Treasurer Jill R. Ingram, Assistant to the City Manager Vince Mastrosimone, Director of Public Works Date: Date: Date: Date: 4of4