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Home My WebLink About2009-071 AMENDED BY RESOLUTION 2010-284 1 Resolution No. 2009-71 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO AMENDING RESOLUTION NO. 2007-345, SECTION 2, B COMPENSATION; SECTION 2, H, UNIFORM ALLOWANCE; SECTION 2, OVERTIME; SECTION 2, 0, DEFERRED COMPENSATION; SECTION 2, Q VACATION LEAVE; SECTION 2, X, POST EMPLOYMENT HEALTH PLAN; AN ADDING SECTION 2, AA, WELFARE BENEFIT PLAN AND TRUST, BETWEEN T CITY AND MANAGEMENT/CONFIDENTIAL FIRE SAFETY MANAGEMEN EMPLOYEES 3 4 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1: Resolution No. 2007-345, Section 2, B, Compensation, Subsection 1, i hereby amended as follows: 10 "B. Compensation 11 1. Safety Classifications shall have their salaries determined in accordance with Charter Section 186. 12 13 a. Short-term negotiated concession: Effective with the payroll period beginning April I, 2009, an continuing through June 30, 2010, Fire Safety Managemen employees agree to contribute a ten percent (10%) 'Negotiate Concession' to the City due to a fiscal deficit. The calculation wil be based on the employee's current base monthly salary. In return for the above budget concession, effective April I, 200 and continuing through June 30, 2010, all Fire Safety Managemen employees shall accrue four (4) hours and shift employees shal accrue six (6) hours ofleave time per week. This leave time shal have no expiration date or cash value, except for Fire Safet Management employees who retire prior to June 30, 20 I 0 who wil be compensated for 50% of the accumulated leave hours. Shi employees shall not use the subject leave time prior to July I 2010, and in all cases, leave use shall be arranged for and use according to established department policy. 14 15 16 17 18 b. 19 20 21 22 23 24 25 -1- 2009-71 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO AMENDING RESOLUTION NO. 2007-345, SECTION 2, B COMPENSATION; SECTION 2, H, UNIFORM ALLOWANCE; SECTION 2, OVERTIME; SECTION 2, 0, DEFERRED COMPENSATION; SECTION 2, Q VACATION LEAVE; SECTION 2, X, POST EMPLOYMENT HEALTH PLAN; AN ADDING SECTION 2, AA, WELFARE BENEFIT PLAN AND TRUST, BETWEEN T CITY AND MANAGEMENT/CONFIDENTIAL FIRE SAFETY MANAGEMEN EMPLOYEES 2 3 4 5 6 The City agrees to restore the ten percent (10%) employe concession prior to June 30, 2010 if the City's sales tax, utility tax and property tax totals restore to FY 07-08 levels or if the Ci receives a Federal or State bailout or other windfall that can applied to the General Fund with no limitations, equal to or greate than the amount of savings achieved through the above-not employee concessions. SECTION 2: Resolution No. 2007-345, Section 2, H, Uniform Allowance, is hereby ended as follows: c. 7 8 9 10 11 12 13 "Fire 14 Effective with the first payroll check in July 2009, and annually thereafter each Fire Safety Management employee shall receive an annual unifo allowance of seven hundred thirty-five dollars ($735) to be paid in a lum sum amount in lieu of the City furnishing and replacing uniforms." SECTION 3: Resolution No. 2007-345, Section 2, K, Overtime, is hereby amended 1. 15 16 17 18 follows: 19 "K. 20 21 22 23 24 25 Overtime 1. Employees shall receive overtime compensation in accordance with the Fair Labor Standards Act (FLSA). 2. Fire Safetv Management Overtime for Reimbursable Incidents Any Battalion Chief (P5) assigned to a mutual aid/disaster reimbursemen incident may receive time and one-half compensation subject to the term and conditions of the local agreements with outside agencies. For eac reimbursable incident, Battalion Chiefs shall receive straight time -2- 2009-71 1 5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO AMENDING RESOLUTION NO. 2007-345, SECTION 2, B COMPENSATION; SECTION 2, H, UNIFORM ALLOWANCE; SECTION 2, OVERTIME; SECTION 2, 0, DEFERRED COMPENSATION; SECTION 2, Q VACATION LEAVE; SECTION 2, X, POST EMPLOYMENT HEALTH PLAN; AN ADDING SECTION 2, AA, WELFARE BENEFIT PLAN AND TRUST, BETWEEN T CITY AND MANAGEMENTICONFIDENTIAL FIRE SAFETY MANAGEME EMPLOYEES 2 3 4 6 compensation consistent with present payroll procedures; and, i applicable, the extra one-half time compensation will be paid to th employee following the City's reimbursement by the respective local, stat or federal agency responsible for the incident." SECTION 4: Resolution No. 2007-345, Section 2, 0, Deferred Compensation, is hereb 7 8 9 10 amended as follows: 11 12 "0. Deferred Comoensation 1. The City shall execute an agreement with a carrier to provide a deferred compensation plan for all participants provided the Association concurs with the selection of the carrier and the plan. The City agrees to contact our healthcare vendors to determine if th 13 14 15 2. 16 City's current contracts can be amended to participate in the H.R. 217 17 program, which allows for the direct transfer of deferred compensatio 18 deposits to pay for medical premiums, up to a maximum of $3,00 19 annually for retired Fire Safety Management employees. Costs to establis 20 and maintain this program shall not exceed $500 annually and shall b 21 paid by the City." 22 SECTION 5: Resolution No. 2007-345, Section 2, Q, Vacation Leave, Subsection 2, i 23 hereby amended and Subsection 6 is hereby added as follows: 24 "Q. Vacation Leave 25 -3- 2009-71 1 5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO AMENDING RESOLUTION NO. 2007-345, SECTION 2, COMPENSATION; SECTION 2, H, UNIFORM ALLOWANCE; SECTION 2, OVERTIME; SECTION 2, 0, DEFERRED COMPENSATION; SECTION 2, Q VACATION LEAVE; SECTION 2, X, POST EMPLOYMENT HEALTH PLAN; AN ADDING SECTION 2, AA, WELFARE BENEFIT PLAN AND TRUST, BETWEEN T CITY AND MANAGEMENTICONFIDENTIAL FIRE SAFETY MANAGEMEN EMPLOYEES 2 3 4 6 12 Vacation credits may accrue and accumulate for a maximum of two (2 years' total accumulated vacation credits on a carry-over basis from ye to year. Effective March 1, 2009, vacation credits for non-safe employees may accrue and accumulate an additional 20% over the tw year maximum. Effective April 1, 2009, vacation credits for Fire Safe Management employees may accrue and accumulate an additional 150/, over the two year maximum. Vacations or portions thereof from any on year so accrued may run consecutively with vacations or portions thereo the next succeeding year. Fire (NEW) 6. Effective April I, 2009, and each fiscal year thereafter, Fire Safe Management 56-hours-per-week employees will be allowed to sell bac vacation hours of up to 144 hours per year and effective July 1,2010,40 hours-per-week employees will be allowed to sell back 40 hours per year." 2. 7 8 9 10 11 13 14 15 16 17 18 SECTION 6: Resolution No. 2007-345, Section 2, X, Post Employment Health Plan, i hereby amended as follows: "X. The City agrees to participate in the Post Employment Health Plan (pEHP) . accordance with the terms and conditions of the Plan's Participation Agreement Specifically, the City will establish the following PEHP programs for Fire Safe Management employees: 19 20 21 22 23 ~ ~ ~ 401 (a) Accumulated Benefit Conversion Program Universal Reimbursement Account Insurance Premium Reimbursement Account" 24 25 -4- 1 2009-71 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO AMENDING RESOLUTION NO. 2007-345, SECTION 2, B COMPENSATION; SECTION 2, H, UNIFORM ALLOWANCE; SECTION 2, OVERTIME; SECTION 2, 0, DEFERRED COMPENSATION; SECTION 2, Q VACATION LEAVE; SECTION 2, X, POST EMPLOYMENT HEALTH PLAN; AN ADDING SECTION 2, AA, WELFARE BENEFIT PLAN AND TRUST, BETWEEN T CITY AND MANAGEMENTICONFIDENTlAL FIRE SAFETY MANAGEMEN EMPLOYEES 2 3 4 5 6 7 8 9 10 11 12 1// 13 III //1 14 //1 15 III 16 1// 17 III //1 18 //1 19 III 20 III 21 III 22 1// //1 23 //1 24 //1 25 III //1 SECTION 7: Resolution No. 2007-345, Section 2, AA, is hereby added as follows: AA. Fire Welfare Benefit Plan and Trust Upon approval by Firefighter's Union Local 891 and the City, the City will mov forward to process pre-tax Welfare Benefit Plan and Trust contributions throug payroll deductions if such Welfare Benefit Plan and Trust is applicable to Fir Safety Management employees and if the Fire Union can satisfy the City' liability concerns regarding the subject Welfare Benefit Plan and Trust. -5- 2009-71 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO AMENDING RESOLUTION NO. 2007-345, SECI'ION 2, B COMPENSATION; SECTION 2, H, UNIFORM ALLOWANCE; SECTION 2, OVERTIME; SECTION 2, 0, DEFERRED COMPENSATION; SECI'ION 2, Q VACATION LEAVE; SECTION 2, X, POST EMPLOYMENT HEALTH PLAN; AN ADDING SECTION 2, AA, WELFARE BENEFIT PLAN AND TRUST, BETWEEN T CITY AND MANAGEMENTICONFIDENTIAL FIRE SAFETY MANAGEMEN EMPLOYEES 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 8 the Common Council of the City of San Bernardino at a ioint regular meeting thereof, hel 9 on 6th .2009, by the following vote, to wit: April day of 10 COUNCILMEMBERS: 11 ESTRADA AYES X NA YES ABSTAIN ABSENT 12 BAXTER BRINKER SHORETT KELLEY JOHNSON MCCAMMACK X 13 x X 14 y 15 X 16 x 17 18 .a-~ h..~ Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this ?71f day of April ,2009. 21 22 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 25 da ltems\Reso.Fire Mgmt3-30-09.doc -6-