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Home My WebLink About17-Human Resources . . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Frorn: EDWARD S. RAYA Subject: RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING GOVERNMENT CODE SECTION 20691 AND COMMENCE PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR POLICE SAFETY AND FIRE SAFETY Dept: HUMAN RESOURCES 1"'-''''''~'4L "I. .. . .....111 dt Date: NOVEMBER 6, 2000 Synopsis of Previous Council Action: Recommended Motion: 1. Adopt Resolution. I~ i 'tJ (,. Sign re Edward S. Rava Yes Phone: 384-5161 Contact Person: Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct No) (Acct Descripti?n) /~ Finance: -ei~M~ ~ Council Notes: Agenda Item No. /1 1/ P.b loa CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the City of San Bernardino implementing Government Code Section 20636(c)(4) pursuant to section 20691 for Police and Fire Safety Employees allowing the City of San Bernardino to pay and report the value of Employer paid member Contributions (EMPC). BACKGROUND In June of 1999 the Mayor and Common Council approved the current Memorandum of Understanding (MOU) with the Fire Safety employees. In October of 1999 the current Police Safety MOU was also approved. These MOU's contained a provision that allowed the City to convert the 9% City paid PERS member contributions to earnings and to report this as compensation earnable under the CalPERS guidelines. The language for these provisions was forwarded to CalPERS for approval. Upon examination by CalPERS it was requested that the City make some revisions to the language. The City requested and was granted an extension to revise current MOU language when the MOU's were reopened. The recent negotiation for the 3% @ 55 benefit provided the opportunity to reopen the contracts and correct the language. The language has been pre-approved by CalPERS and by the Police and Fire associations. The proposed resolution is required by CalPERS in order to implement the corrected language FINANCIAL IMPACT There is no cost to the City for this benefit. RECOMMENDATION 1. Adopt Resolution. HR/Agenda Items:SR.EPMC c c c 1 2 3 4 5 (gC~ ~)f , 4J RESOLUTION No RESOLUTION OF THE CITY OF SAN BERNARDINO FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS 6 WHEREAS, the governing body of the City of San Bernardino has the authority to 7 implement Government Code Section 20636(c)(4) pursuant to Government Code Section 20691; 8 WHEREAS, the governing body of the City of San Bernardino has a written labor 9 policy or agreement which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation; 10 11 12 13 WHEREAS, one of the steps in the procedures to implement Government Code Section 20691 is the adoption by the governing body of the City of San Bernardino of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); WHEREAS, the governing body of the City of San Bernardino has identified the 14 following conditions for the purpose of its election to pay EPMC; 15 BE IT RESOLVED BY The Mayor and Common Council of the City of San 16 Bernardino as follows: 17 18 19 SECTION 1. The City of San Bernardino elects to pay and report the value of EPMC. This benefit shall apply to all Police Safety and Fire Safety employees. 20 21 22 23 24 25 III III 26 /II 27 III III 28 III III This benefit shall consist of paying the 9% (nine percent) normal member contribntions as EPMC, and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation. SECTION 2 The effective date of this Resolution shall be 1-1-00. c c c 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 2000, by the following vote to wit: 1 2 3 4 5 COUNCILMEMBERS ESTRADA SCHNETZ AYES NAYS ABSENT ASTAIN Rachel Clark, City Clerk The foregoing resolution is hereby approved this _ day of 2000. Judith Valles, Mayor ) . A'? 11/09/2888 8!:88 1-98'-304-5337 ~ l<E~ PAGE 02 HUMAN RIIowcu DIPA&1'MDI'I' ~._.PUmla 3OONOI'lb '0" 5_' S.. lceantirlo' CA92llII'()oo1 _.-slfl . I'M: ~.)I4.m7 W1fW,<i.IUI-boru1dillO.c:a.,,* Octollet 31. 2000 SENT VLU'AX" U.s. MAlL Mr. Ski> Kulikott President , Sun BerIIllrIIilIo City Profilt$loaal FircftPteta. Loc:aI S91 P.O. Bolt.2703 Sill BernardIJlo. CA. 92"06 RAt; 9% COlvenlllll Dear Mr. Ku1Ikoft w. t.w m:ei'llecl tile nocesary appro..-.u trorn BOlR Brak~ of PElS Oil the followilla Janguae lbat will allow tb& City to Impleanent the 9% ClCIaverJioa pCOpD: Aiticle 01. r6MJW:U_lDn. S#Mma ~ pERS "n. City shllU Uopl . moMillo with IIIIImp)ellllDlalilm dale of ll111WY I, 2000 Cor pa)'ina aod nportJne the val~ of till: ElDployeJ PaieI Member Colllributloll. (EPMC) uador tb& piclellna ot Go~ Code $ectioa .l6(c:) (4) pursu&nl to ~n 20691. TIle City wID Npl)tt the 9% EIIlployce COIltribution .. Special Com,petlUfion IIllIlu the current PEltS Ia....." This 10""... doeS _ in atlyway alter u. bme(1t as Illllotiatad. JIllr does it a1fcct the rcquire.mellt tbal the clIIPloyen _ the colt oflhis Nllttit. If tU lalJ&ueIe Is acceplallla 10 !be ll1Iioll, PERS win rcqulre !he City to dlJlC . ~lIlion statiDi Its iateat to Implement the propam. n.y lave lIIIo apeed to .uo.. the City to IISC &II eff'cctl.. date of 1-.1-00, :so tilelleaefd will be retro..:tive to that cIalo. It is oW' intent III I\lbmit llle ltesolutlon tD Mayor aod Common CoulIllil for "option al the Co_I m.eetlq scMduled Ibr 11-20.00. Adopllon oftMltesolUlion prior 10 the IlIId of tile caleDdar )UI' is ialpol'l8llt in order 10 instR that lUlY individuals Plannina Oft l'OlIrlna bylllat time m:elve tbe beliefit. Ia order for 11$ 10 prcp;ve the ~lulion in tilm for the I J.2Q..OO ~linI we will neecl'your lIfllPI'OvaI of this lancuaae as SOOll as possible. //.5. Per T AI?. vc:.. ihiJ does ClS f /1-0'1' Cl4Jt" C-()-v- ve.r ,fc"j r ~I-'>. 7i! S +<'vl k..;: J -+u J' k:f o_____d i +-;s- 0 V\. i'1 P\. I "'- J Jo-...q ':: c../'-IA.'l 9 ~ ou r ltf!C1o'f-tc....-K) MDO u:.Q......4....o;rc:: Id,:)ICS h.e. ("t c.. "-v-v-- 0 €.. c,<-,^,c...Q /CiGl Leu.vli t I (,,, I '?If"" Cn'cr onn7/~TJTT <)d(!;cJ, 6* &"-'! ii.. lCl ~t='IH.-I hC"':C'hQQC.r.:U:: 11-02-2a00 3,35PM FROM SBPOA 8845182 P.2 SAN BERNAJUnNO POUCE OftllCERS' AssOCIATlQN: 1299 NOaTII .X'" S~ P.O. .ox 1I967,SAN.............lNo, CA,92406no "T'_,/ ~. (909) 8a9-OO4J1 FAX <_) 884-5182J i.ur ? :l' [- j ~-' _ '. i ~ ,.. _ . Cj'; Y '~r r' :'):" ,< ~.NTI J~- ....an Vlca .....---T;: OoN &0---" ..-.-w TI\2A&'UaEal DAVIt Dru..oN November 2, 2000 Mr. Edward Raya, Director Human Resources Department City of San Bernardino 300 N "0" Street San Bemardino, CA 92418 Dear Mr. Raya, We have reviewed and agree to the proposed language pertaining to "Micle III, Compensation, Section 2 PERSlRetirement Plan, cI our current MOU. We would like to lt1.ank you for your prompt attention in resolving this matter. The below signature block will also be a hint, as to a change in the Presidents position for our organization. Please addreS$ any further correspondence to our organization to reflect that change. As in the past, I look forward to working wilt1 you in any future items of mutual concern. since;l' ~~~:' .' ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 11- 20-00 Vote: Ayes I J 3 - '1 Nays Change to motion to amend original documents: Itern#~ t?- Ab~am - Reso. # On Attachments: -==- contractterm:~ Resolution # d.OOO- 33'2:> e- Absent -#2-- NulINoid After: - Date Sent to Mayor: 11- ;LI-OD Date Returned from Mayor: ~ Date of Mayor's Signature: l/~.;2/ -Of) Date of Clerk's Signature; 1(-.;).(-00 Reso. Log Updated: V Seallrnpressed: V Date Memo Sent to Department for Signature: .- See Attached: Date Letter Sent to Outside Party for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Remmder Letter Sent on 45th day: See Attached: See Attached: See Attached: - Note on Resolution of Attachment stored separately: ~ Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655. 92-389): Copies Distributedj9' City Attorney V Parks & Rec. Code Compliance Dev. Services Public Services Water Police Notes: Date Returned: Date Returned: - See Attached: Yes Yes Yes Yes Yes / No By_ No V By_ No V By_ No V By_ No /' By_ EDA Others: Finance MIS HR- &L~cV BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: 11- ;;1..7 -t)O