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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Linn Livingston
Subject: RESOLUTION OF THE CITY OF
SAN BERNARDINO APPROVING A SIDE
LETTER AGREEMENT BETWEEN THE
CITY AND EMPLOYEES IN THE MIDDLE-
MANAGEMENT BARGAINING UNIT
REPRESENTED BY SBPEA.
MICC Meeting Date: August 20, 2007
Dept:
Human Resources
Date:
August 14,2007
Synopsis of Previous Council Action:
On April 4, 2005, the Mayor and Common Council adopted Resolution No. 2005-75, a
Resolution of the City of San Bernardino implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the General
Bargaining Unit.
Recommended Motion:
Adopt resolution.
~ t:rfl )
Signature~
Contact person:
Linn Livinaston
Phone:
384-5161
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount:
None with this action.
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
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9,.)...(,)"07
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the City of San Bernardino approving a side letter agreement between the City and
employees in the Middle-Management Bargaining Unit of the City of San Bernardino
represented by the San Bernardino Public Employees Association.
Backl!:round:
The contract with the Middle-Management Unit employees expired on June 30, 2006. The City
Team and the San Bernardino Public Employees Association (SBPEA), reached a tentative
agreement on a successor Memorandum of Understanding (MOD) and the members ratified the
modifications on May 24, 2007.
As part of negotiations, the City agreed to conduct a classification and compensation study of
positions in the Middle-Management Unit to be completed on or about September I, 2007, and
implemented over a three-year time period that extends beyond the ending date of this MOU
(6/30/2009). Since this agreement extends beyond the timeframe of the MOU, it is being brought
for adoption to the Mayor and Common Council in the form of a side letter to the MOU.
The term of the side letter is from September I, 2007 through July 31, 2010. The side letter
outlines the provisions to include salary increases for those classifications with salaries below the
survey median:
Classifications with salaries below the survey median will be implemented as follows:
o - 5% below median, corresponding salary increase- on or about 9/1107
5 - 10% below median corresponding salary increase- on or about 7/1108
10 - 15% below median corresponding salary increase- on or about 7/1109
15% - 20% below median, corresponding salary increase- on or about 7/1110
20% cap on salary increases
Employees will be eligible to receive salary increases (0%-5%) each fiscal year until the total
survey recommended salary increase percentage is reached. Step increases will not be impacted
by the implementation of the study.
Financial Impact:
There is no fmancial impact at this time to implement this side letter. The cost to be determined
once the classification and compensation study is completed in September 2007.
Recommendation:
Adopt Resolution.
HRI Agenda Items:SR.Side.Ltr.Mid-Mgmt.Study.2007
1
Resolution No.
2
3
4
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SID
LETTER TO RESOLUTION NO. , RESOLUTION OF THE CITY 0
SAN BERNARDINO AND EMPLOYEES IN THE MIDDLE-MANAGEMEN
BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY T
SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION AMENDING ARTICL
III, COMPENSATION, SECTION I, WAGES.
, amending Article III, Compensation, Section I, Wages, b
5
6
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AS FOLLOWS:
8
SECTION I: The Mayor of the City of San Bernardino and the Director of Hum
9
10
Resources are hereby authorized and directed to execute on behalf of said City a Side Letter t
11
Resolution No.
12
adding Subsections A, B, and C, a copy of which amendments are attached hereto an
13 incorporated herein marked as Exhibit A.
14 III
15 III
16 III
17 III
18 III
19
III
20
III
21
III
22
III
23
24 III
25
-1-
1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
SIDE LETTER TO RESOLUTION NO. , . . . AMENDING ARTICL
III, COMPENSATION, SECTION 1, WAGES.
the Common Council of the City of San Bernardino at a
meeting thereof, hel
2
3
I HEREBY CERTIFY that the foregoing Resolution was duIy adopted by the Mayor an
4
5
on day of
6
7
COUNCILMEMBERS:
8 ESTRADA
9 BAXTER
10 BRINKER
DERRY
11
KELLEY
12 JOHNSON
13 MCCAMMACK
14
15
16
,2007, by the following vote, to wit:
AYES
NA YES
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
17
The foregoing resolution IS hereby approved this
day 0
18
,2007.
19
20
PabickJ.Morns,Mayor
City of San Bernardino
21
Approved as to form:
22
JAMES F. PENMAN,
City Attorney
23
24
enda Items:Reso.Side.Ltr.Mid-Mgmt.Class.Study.2007
25
-2-
Exhibit A
MID-MANAGEMENT UNIT
CLASSIFICATION STUDY
The following sets forth the Side Letter to Resolution No. for full-time, regular,
Mid-Management Unit Employees. The term of this side letter shall be from September 1,2007
through July 31, 2010.
ARTICLE III. COMPENSATION. SECTION 1. Wages
A. The City shall conduct a salary survey of Mid-Management Unit benchmark
classifications to be completed on or about 9/01/07. The City will use current job
descriptions to determine comparable positions in five similar size cities in our
surrounding labor market. The City will determine the benchmark positions to be
surveyed. Salary levels for non-benchmark classifications will be established using
internal relationship guidelines among related job classes.
1. Classifications with salaries below the survey median shall be increased as
follows:
o - 5% below median, corresponding salary increase- on or about 9/1/07
5 - 10% below median corresponding salary increase- on or about 7/1/08
10 - 15% below median corresponding salary increase- on or about 7/1/09
15% - 20% below median, corresponding salary increase- on or about 7/1/10
20% cap on salary increases
In no event shall any increase be greater than 5% in any fiscal year.
2. The following Cities are to be used for the classification study:
Riverside
Moreno Valley
Fontana
Ontario
Pomona
B. Notwithstanding the provisions set forth in Section A above, the implementation of the
proposed median salary survey may be postponed by one fiscal year commencing the
next fiscal year, if any of the following occur:
1. The City's actual General Fund expenditures and revenues being budgeted create
a financial anomaly as outlined below:
a. Unfunded state mandates that create a substantial financial anomaly;
Exhibit A
Side Letter to Resolution 2005-75
Mid-Management Unit Classification Study - Page 2
b. Voter approved changes to the City's Charter that create a substantial
financial anomaly;
c. Litigation that would create a substantial financial anomaly;
d. Federal, State, or County fees and/or take-aways that create a substantial
financial anomaly;
e. Natural disaster or other catastrophic event over which the City has little
or no control, e.g., economic recession and/or depression, terrorist attack,
act of war, which creates a substantial financial anomaly;
2. If the City's Budget Reserve must be used to balance the City's budget because of
a substantial financial anomaly (including staffing required by this MOU) causing
the City's Budget Reserve to fall below 5% of the total General Fund deductions.
C. The City will agree to meet and confer only if the agreed-to implementation schedule is
not followed. In the event of a postponement, the implementation schedule set forth in
Section A, Subsection I, shall move forward a period of time equal to the period of such
postponement.
DATE: ATTEST:
City Clerk
FOR THE CITY:
REPRESENTATIVES OF:
MID-MANAGEMENT UNIT
EMPLOYEES
PATRICK J. MORRIS, Mayor
City of San Bernardino
San Bernardino Public Employees'
Association (SBPEA)
LINN LIVINGSTON
Director of Human Resources
MID-MANAGEMENT UNIT
CLASSIFICATION STUDY
The following sets forth the Side Letter to Resolution No. for full-time, regular,
Mid-Management Unit Employees. The term of this side letter shall be from September 1,2007
through July 31, 2010.
ARTICLE III. COMPENSATION. SECTION L Wages
A. The City shall conduct a salary survey of Mid-Management Unit benchmark
classifications to be completed on or about 9/01/07. The City will use current job
descriptions to determine comparable positions in five similar size cities in our
surrounding labor market. The City will determine the benchmark positions to be
surveyed. Salary levels for non-benchmark classifications will be established using
internal relationship guidelines among related job classes.
1. Classifications with salaries below the survey median shall be increased as
follows:
o - 5% below median, corresponding salary increase- on or about 9/1/07
5 -10% below median corresponding salary increase- on or about 7/1/08
10 - 15% below median corresponding salary increase- on or about 7/1/09
15% - 20% below median, corresponding salary increase- on or about 7/1/10
20% cap on salary increases
In no event shall any increase be greater than 5% in any fiscal year.
2. The following Cities are to be used for the classification study:
Riverside
Moreno Valley
Fontana
Ontario
Pomona
B. Notwithstanding the provisions set forth in Section A above, the implementation of the
proposed median salary survey may be postponed by one fiscal year commencing the
next fiscal year, if any of the following occur:
I. The City's actual General Fund expenditures and revenues being budgeted create
a financial anomaly as outlined below:
a. Unfunded state mandates that create a substantial fmancial anomaly;
Side Letter to Resolution 2005-75
Mid-Management Unit Classification Study - Page 2
b. Voter approved changes to the City's Charter that create a substantial
fmancial anomaly;
c. Litigation that would create a substantial financial anomaly;
d. Federal, State, or County fees and/or take-aways that create a substantial
financial anomaly;
e. Natural disaster or other catastrophic event over which the City has little
or no control, e.g., economic recession and/or depression, terrorist attack,
act of war, which creates a substantial fmancial anomaly;
2. If the City's Budget Reserve must be used to balance the City's budget because of
a substantial financial anomaly (including staffing required by this MOD) causing
the City's Budget Reserve to fall below 5% of the total General Fund deductions.
C. The City will agree to meet and confer only if the agreed-to implementation schedule is
not followed. In the event of a postponement, the implementation schedule set forth in
Section A, Subsection 1, shall move forward a period of time equal to the period of such
postponement.
DATE: ATTEST:
City Clerk
FOR THE CITY:
REPRESENTATIVES OF:
MID-MANAGEMENT UNIT
EMPLOYEES
PATRICK J. MORRIS, Mayor
City of San Bernardino
San Bernardino Public Employees'
Association (SBPEA)
LINN LIVINGSTON
Director of Human Resources