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Home My WebLink About2009-140 1 Resolution No. 2009-140 2 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION 2006-66 FOR FULL TIME, FIRE SAFETY EMPLOYEES, AMENDING THE CURRENT LANGUAGE I ARTICLE III, COMPENSATION: SECTION t, SALARIES, SUBSECTION (A); ARTICLE IV, FRINGE BENEFITS: SECTION I, HEALTH/RELATED INSURANCE SUBSECTION (C); ARTICLE IV, FRINGE BENEFITS: SECTION 4, DEFERRE COMPENSATION; ARTICLE IV, FRINGE BENEFITS: SECTION 7, VACATION AN HOLIDAY SELL-BACK; ARTICLE IV, FRINGE BENEFITS: SECTION 8, WELFA BENEFIT TRUST; ARTICLE V, LEAVE PROVISIONS: SECTION 1, VACATION SUBSECTION (E); ADDING ARTICLE IV, FRINGE BENEFITS: SECTION 9, POS EMPLOYMENT HEALTH PLAN PROGRAMS; ARTICLE V, LEAVE PROVISIONS: SECTION 7, BUDGET CONCESSION LEAVE; AND ARTICLE VII, GENERAL PROVISIONS, SECTION 2, TERM. 3 4 5 6 7 9 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT OF SAN BERNARDINO AS FOLLOWS: 11 SECTION I: The City Manager of the City of San Bernardino and the Director of Human 12 Resources are hereby authorized and directed to execute on behalf of said City a Side Letter to 13 Resolution 2006-66 for full-time, Fire Safety employees, amending the current language in 14 15 Article III, Compensation: Section I, Salaries, Subsection (A); Article IV, Fringe Benefits: 16 Section I, Health/Related Insurance, Subsection (C); Article IV, Fringe Benefits: Section 4, 17 Deferred Compensation; Article IV, Fringe Benefits: Section 7, Vacation And Holiday Sell- 18 Back; Article IV, Fringe Benefits: Section 8, Welfare Benefit Trust; Article V, Leave Provisions: 19 Section I, Vacation, Subsection (E); adding Article IV, Fringe Benefits: Section 9, Post 20 Employment Health Plan Programs: Article V, Leave Provisions: Section 7, Budget Concession 21 Leave; and Article VII, General Provisions, Section 2, Term, a copy of which amendment is 22 attached hereto and incorporated herein marked as Exhibit A. 23 1/1 24 III 25 -1- 2009~140 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION 2006-66 FOR FULL TIME, FIRE SAFETY EMPLOYEES, AMENDING THE CURRENT LANGUAGE I ARTICLE 111, COMPENSATION: SECTION 1, SALARIES, SUBSECTION (A); ARTICLE IV, FRINGE BENEFITS: SECTION 1, HEALTH/RELATED INSURANCE SUBSECTION (C); ARTICLE IV, FRINGE BENEFITS: SECTION 4, DEFERRE COMPENSATION; ARTICLE IV, FRINGE BENEFITS: SECTION 7, VACATION AN HOLIDAY SELL-BACK; ARTICLE IV, FRINGE BENEFITS: SECTION 8, WELFARE BENEFIT TRUST; ARTICLE V, LEAVE PROVISIONS: SECTION 1, VACATION SUBSECTION (E); ADDING ARTICLE IV, FRINGE BENEFITS: SECTION 9, POS EMPLOYMENT HEALTH PLAN PROGRAMS; ARTICLE V, LEAVE PROVISIONS: SECTION 7, BUDGET CONCESSION LEAVE; AND ARTICLE VII, GENERA PROVISIONS, SECTION 2, TERM. 3 4 5 6 7 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 10 the Common Council of the City of San Bernardino at a j oint regular meeting thereof, hel 11 on 1st day of June ,2009, by the following vote, to wit: 12 AYES NA YES ABSTAIN ABSENT COUNCILMEMBERS: ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MCCAMMACK 13 x 14 x x -- 15 x 16 17 x X 18 X 19 Q~ /;t.~ Rach~ G. Clark, City ~k approved this D day 0 20 21 The foregoing resolution IS hereby June ,2009. 22 23 ~~ City of San Bernardino Approved as to form: 24 JAMES F. PENMAN, 25 City At rney -2- . 2009-140 Exhibit A' SIDE LETTER AMENDMENT/AGREEMENT TO RESOLUTION 2006-66 FIRE SAFETY EMPLOYEES This Side Letter amends the current language in Resolution 2006-66 for full-time, Fire Safety Employees, amending the current language in Article III, Compensation: Section I, Salaries, Subsection (A); Article IV, Fringe Benefits: Section I, Health/Related Insurance, Subsection (C); Article IV, Fringe Benefits: Section 4, Deferred Compensation; Article IV, Fringe Benefits: Section 7, Vacation and Holiday Sell-Back; Article IV, Fringe Benefits: Section 8, Welfare Benefit Trust; Article V, Leave Provisions: Section I, Vacation, Subsection (E); adding Article IV, Fringe Benefits: Section 9, Post Employment Health Plan Programs; Article V, Leave Provisions: Section 7, Budget Concession Leave; and Article VII, General Provisions, Section 2, Term, by adding the following language to the referenced articles, sections and subsections: A. ARTICLE IlL COMPENSATION: SECTION L SALARIES. SUBSECTION (A) "For the temporary period commencing with the payroll period beginning June I, 2009 and continuing through June 30, 2010, employees agree to participate in an 8.7% 'Negotiated Concession' to the City. The negotiated concession is a line item deduction on each employee's paycheck based on their current base salary." B. ARTICLE IV, FRINGE BENEFITS: SECTION L HEALTH/RELATED INSURANCE. SUBSECTION (C) "On or before January I, 2010, the City will establish a medical benefit cash-out program for employees who opt out of the City's healthcare plans." C. ARTICLE IV, FRINGE BENEFITS: SECTION 4, DEFERRED COMPENSATION "The City agrees to contact its healthcare vendors to determine if the City's current contracts can be amended to allow for the transfer of deferred compensation deposits to pay for medical premiums, up to a maximum of $3,000 annually. Annual program costs shall not exceed $500 and will be paid by the City. The City agrees to update the Union on a regular basis of issues and/or progress." D. ARTICLE IV, FRINGE BENEFITS: SECTION 7, VACATION AND HOLIDAY SELL- BACK "Effective June 1,2009, employees will sell back a minimum of 48 hours of vacation and/or holiday time on or before June 30, 2009. Beginning July I, 2009, employees will sell back an additional 48 hours of vacation and/or holiday time before June 30, 2010. Employees who do not have a hoIidaylvacation balance of 48 hours on or before June 30, 2009 will sell back 96 hours of time in fiscal year 2009/2010. For fiscal year 2009/2010, all sell back forms will be submitted to the Finance Department by May 31,2010. A minimum of24 hours must be requested per sell back and employees will be allowed to sell back holiday or vacation time anytime throughout the fiscal year. Beginning June 1,2009, employees may sell back holiday and/or vacation time up to six (6) shifts of holiday and ten (10) shifts of vacation on a fiscal-year basis at anytime throughout the fiscal year as long as a minimum of 24 hours is requested per sell-back and does not result in a negative vacation balance." E. ARTICLE IV. FRINGE BENEFITS: SECTION 8. WELFARE BENEFIT TRUST "If the Firefighters Union can satisfy the City's liability concerns, the City will move forward to process pre-tax Voluntary Employee Benefit Association (VEBA) contributions (if applicable) through payroll deductions." Exhibit A 2009-140 'F. ARTICLE IV. FRINGE BENEFITS: "SECTION 9, POST EMPLOYMENT HEALTH PLAN (PEHP) PROGRAMS The City will establish the following Post Employment Health Plan (PEHP) programs: I. 401 (a) Accumulated Benefit Conversion Program 2. Universal Reimbursement Account 3. Insurance Premium Reimbursement Account" G. ARTICLE V. LEAVE PROVISIONS: SECTION L VACATION. SUBSECTION (E) "Effective June. I, 2009, vacatioR credits may accumulate an additional 15% as follows: Cap with 15% Increase 276 414 552" Current Cap 240 360 480 H. ARTICLE V. LEAVE PROVISIONS: "SECTION 7: BUDGET CONCESSION LEAVE Effective June I, 2009, and continuing through June 30, 2010, employees will accrue four (4) hours of paid leave time per week. The hours will be scheduled in accordance with established departmental policy and will have no expiration date or cash value except for Fire Safety employees who retire prior to June 30, 2010, who will be compensated for 50% of the accumulated leave hours. Employees will not use leave time prior to July I, 2010." I. ARTICLE VII. GENERAL PROVISIONS: SECTION 2. TERM "Effective July I, 2009, the term of this Memorandum of Understanding (MOD) extends through June 30, 2010." The City and members of the Fire Safety Employees agree that if the econorny were to improve prior to June 30, 2010, the following "trigger" language would be followed: "The City agrees to restore the ten percent (10%) employee concession prior to June 30, 2010, if the City receives a Federal or State bailout or other windfall that can be applied to the General Fund with no limitations equal to or greater than 75% of the City's total projected deficit for that year." DATE: ATTEST:Q~ h.~ 'city Clerk REPRESENTATIVES OF: FIRE SAFETY EMPLOYEES ,~~ ty ger San Bernardino City Professional Firefighters ~~ Local 891 ~ ~fW- ;;oii:~~;,,=," , ,wN~