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HomeMy WebLinkAbout1982-0801 RESOLUTION NO. 82-80 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY 3 MANAGEMENT ASSOCIATION (MANAGEMENT, MID -MANAGEMENT, AND CONFIDENTIAL EMPLOYEES). 4 WHEREAS, representatives of the Mayor and Common Council and represen- 5 tatives of the San Bernardino City Management Association have met and 6 6 reached an Agreement of Understanding; and 7 WHEREAS, the Agreement of Understanding has been reduced to writing 8 and a copy thereof is attached hereto marked Exhibit "A" and incorporated 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 herein by reference as though fully set forth at length; and WHEREAS, it is the intention of the parties that the agreement shall be effective for the period commencing on the effective date hereof and extending through June 30, 1983, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Agreement of Understanding between the City of San Bernardino and the San Bernardino City Management Association, dated February 12, 1982, for management, mid -management and confidential employees, a copy of which is attached hereto and incorporated herein, is hereby ap- proved for the period February 15, 1982 through June 30, 1983. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 15th day of February , 1982, by the following vote, to wit: AYES: Council Members Castaneda Reilly Botts, Hobbs Strickler fi7TIV&S ABSENT: Council Member Hernandez 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 } City Clerk The foregoing resolution is hereby approved this /704 day of February e 1982. Approved as to form: �ZZ04P ttorney AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY MANAGEMENT ASSOCIATION The Mayor and Common Council of the City of San Bernardino and the Board of Trustees of the Public Library of the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino (hereinafter known collectively as "the City"), and the San Bernardino City Management Association (hereinafter "Association"), which represents permanent Management, Mid -Management and Confidential employees of the City of San Bernardino, desire to set forth their concerns, and resolutions of those concerns. Association has previously been designated as exclusive representative for permanent Management, Mid -Management and Confidential employees, and experience has convinced all parties that it is in the best interest of all parties that formal labor negotiations not take place between Management, Mid -Management and Confidential employees and City, but that the concerns of said employees can better be handled through other means. The parties recognize that the necessity for representatives of Management, Mid -Management and Confidential employees to formally meet and confer with the Mayor and Common Council and Board of Trustees of the Public Library diminishes the objectivity and credibility of such representatives, and places many members of the Association in positions of possible conflict of interest. At the same time, the Association is concerned regarding past evaluation procedures which have, on occasion, led to judgments based on factors other than performance. The parties agree that a greater degree of management efficiency and effectiveness and a higher level of mutual trust and respect between such employees and the City can best be effected by amicable resolution as set forth hereinafter. This agreement is entered into with the intention that the Association shall be decertified by action of its members at the earliest possible time, not later than November 30, 1982, and that this agreement establishes procedures fully adequate to meet the concerns of Management, Mid -Management and Confidential employees of the City of San Bernardino. Upon ratification of this agreement by City, the Association hereby withdraws all earlier proposals and agrees that the Management Advisory Committee shall represent its members in all matters involving employer- employee relations. The City agrees to implement all programs provided for in this agreement, it being expressly understood that the payments under the performance programs provided for herein are not to be made unless the Association has been decertified prior to such payment. To memorialize the resolution of the problems recognized as of concern to the parties, the parties hereto -2- agree as follows: I. Annual Adjustments to Salaries, Benefits and Performance Program. A. There shall be an annual review by the Mayor and Common Council of salaries, benefits and the performance program for Management, Mid -Management and Confidential employees. B. Management, Mid -Management and Confidential employees shall be awarded such increases in common benefits and salaries as are at least equal to or proportionately equivalent to increases which may, from time to time, be awarded to General employees. The effective date of any such increases shall not be later than the effective date of increases for General employees. II. Consideration and Presentation of Annual Recommendations. A. During the period May 15 through September 15 each year, and prior to his making recommendations to the Mayor and Common Council regarding potential adjustments to salaries, benefits and the performance program for Management, Mid -Management and Confidential Employees, the City Administrator shall meet with the Management Advisory Committee, hereinafter provided for, for the purpose of discussing said matters. B. The City Administrator shall present the position of the Management Advisory Committee on salaries, benefits and the performance program, at the same time as he -3- presents his own recommendations on such matters, to the Council Personnel Committee, representing the Mayor and Common Council. III. Management Advisory Committee. A. A Management Advisory Committee composed of three members from top management (department or division heads) who shall serve for two year terms, shall be elected by Management, Mid -Management, and Confidential employees. The Management Advisory Committee shall meet with the City Administrator to recommend policies governing salaries, benefits, evaluations, performance, matters of discipline, and relationships with the Mayor and Common Council. With respect to items on which the City Administrator and the Management Advisory Committee fail to agree, the Committee may request to present its views to the Council Personnel Committee. The Council Personnel Committee, upon receiving such request, shall schedule a meeting and shall hear the views of the Management Advisory Committee and the City Administrator on the items at issue. B. Mid -Management and Confidential employees shall appoint or elect one of their members to act as liaison person to the Management Advisory Committee. IV. Performance Programs. A. Performance programs, based on employee efficiency and effectiveness, are hereby established for all personnel designated as Management, Mid -Management and Confidential employees by Resolution No. 10584; said -4- programs shall be implemented immediately, with the first awards to be made in December 1982. Awards to qualified employees shall be one-time payments, made annually on the first payday in December; and eligibility therefor shall be reconsidered each year. B. Performance awards shall be made in one of the following four categories: 1. Department Heads. An annual payment of $500.00 may be awarded by the Mayor and Common Council to a Department Head, upon the recommendation of the City Administrator. Written justification for said award shall be submitted with the recommendation, outlining the manner in which the employee's performance has been exceptional or outstanding during the evaluation period; the extent to which performance goals agreed upon at the beginning of the evaluation period have been pursued and/or realized; and the accomplishment of other achievements of benefit, value and worth to the City. 2. Division Heads and Management Employees. An annual payment of $500.00 may be awarded by the Mayor and Common Council to any Division Head or other Management employee, upon the recommendation of the employee's Department Head and concurrence by the City Administrator. Written justification for said award shall be submitted with the recommendation, outlining the manner -5- in which the employee's performance has been exceptional or outstanding during the evaluation period; the extent to which performance goals agreed upon at the beginning of the evaluation period have been pursued and/or realized; and the accomplishment of other achievements of benefit, value and worth to the City. 3. Mid -Management Employees. An annual payment of $500.00 may be awarded by the Mayor and Common Council to any Mid - Management employee, upon the recommendation of the employee's Department Head and concurrence by the City Administrator. Written justification for said award shall be submitted with the recommendation, outlining the manner in which the employee's performance has been exceptional or outstanding during the evaluation period; the extent to which performance goals agreed upon at the beginning of the evaluation period have been pursued and/or realized; and the accomplishment of other achievements of benefit, value and worth to the City. 4. Confidential Employees. An annual payment of $500.00 may be awarded by the Mayor and Common Council to any Confidential employee, upon the recommendation of the employee's Department Head and concurrence by the City Administrator. Written justification for said award shall be submitted with the recommendation, outlining the manner in which the employee's performance has been exceptional or outstanding during the evaluation period; the extent to which performance goals agreed upon at the beginning of the evaluation period have been pursued and/or realized; and the accomplishment of other achievements of benefit, value and worth to the City. V. Evaluation. The City Administrator or Library Board, as applicable, shall conduct an annual evaluation of department heads, except elected officials, with the Mayor serving as the Reviewer. A written copy of the evaluation shall be provided to each department head evaluated who shall be afforded the opportunity to respond in writing within ten days of receipt thereof. Procedures for evaluations shall be agreed upon by the City Administrator and the Management Advisory Committee. VI. Dismissal of Management, Mid -Management or Confidential Employees. For classified employees, terminations shall be conducted under Civil Service Rules and Regulations. Any Management, Mid -Management or Confidential employee who holds an unclassified position shall be provided an explanation in writing of the basis for any proposed dismissal prior to final action being taken, if a request in writing is received within two working days. After such timely request, the employee shall be afforded an opportunity to meet with the disciplining authority in the presence of the City Administrator, serving as consulting -7- authority, who shall attempt to resolve any dispute between the employee and the disciplining authority. In the event the City Administrator is the disciplining authority, the employee shall be afforded an opportunity to meet with the Mayor, as consulting authority, and the City Administrator in an attempt to resolve the dispute. Dismissal action involving such unclassified employee shall be final as of its original imposition, unless, within three working days following such explanation in writing, a request for a meeting to resolve the issue has been received by the appropriate consulting authority. If consultation is held, and no other agreement is reached, the dismissal shall be final as of the date of imposition. For Library employees, the consulting authority shall be the Library Board. VII. Suspensions of Management, Mid -Management and Confidential Employees. The parties recognize the need for summary suspensions of Management, Mid -Management and Confidential Employees under circumstances necessitating immediate action. For classified employees, suspensions shall be conducted under Civil Service Rules and Regulations. Any such employee who holds an unclassified position shall be provided an explanation in writing for any suspension effected or proposed. Upon request made within am three working days from time of such notice, addressed to the appropriate consulting authority as designated in Section VI, such employee shall be afforded an opportunity to meet with the disciplining authority in the presence of the consulting authority. The meeting shall be held within ten days, unless otherwise agreed, and the consulting authority shall attempt to resolve the issue. Upon mutual agreement of all parties to such meeting, any suspension effected may be set aside or otherwise modified. Any such suspension may be determined to be with or without pay, or with partial loss of pay, or charged as compensatory time off, or vacation time, as the parties may agree. Absent agreement, the suspension shall be final and without pay. VIII. Wage Increase and Inequity Adjustment. The City shall implement, no later than March 1, 1982, such inequity adjustments as may be deemed appropriate, based on an updated survey of salary levels. IX. Maintenance of Benefits. It is agreed that health insurance coverage for Management, Mid -Management and Confidential employees shall be at least at the same level as that granted General Employees; provided, however, that the dollar amount being paid by the City on behalf of each such employee and one dependent in the Kaiser Plan on the effective date hereof shall neither be reduced nor shall it exceed $42.50/$99.20 per month, prior to June 30, 1983. All other benefits existing on the date hereof shall be no lower than their a present levels until at least June 30, 1983; provided, however, that reductions in such benefits may be made beginning July 1, 1983, based on City economic conditions then existing. DATED: February 12, 1982 FOR THE CITY: FOR THE ASSOCIATION: �C John D. Hobbs, Chairman, Troy Minning, President Personnel Committee 1 � Ralph Hernandez, Member Ken Cunning§ReK, Immediate , Member R36bert Vj. wires, �.,/� 11lLCl' /-X 6� 1 -laid n , Library Bo rd of Step en L. Whitney, C Trustees Member -10- CITY OF SAN BERNARDINO ROUTING SLIP TO DEPT. FROM ' EXT DEPT. DATE REMARKS: Per Allen Briggs, Attorney, signatures of the Committee Members are not necessary since Council adopted the resolution. March 18, 1982.