HomeMy WebLinkAbout2010-275
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Resolution No. 2010-275
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
BERNARDINO AMENDING RESOLUTION NO. 2006-291, ARTICLE III
COMPENSATION: SECTION 1, SALARIES; ARTICLE III - COMPENSATION
SECTION 2, PERSIRETIREMENT PLAN, SUBSECTION (C); ARTICLE III
COMPENSATION: SECTION 10, RECRIDTMENT INCENTIVES, SUBSECTIONS (A
& (8); ARTICLE IV - FRINGE BENEFITS: SECTION 1 - HEAL THlLIFE INSURANC
- ACTIVE EMPLOYEES, SUBSECTION (A); ARTICLE IV - FRINGE BENEFITS
SECTION 3 - RAIN GEARlUTILITY UNIFORMSIUNIFORM ALLOWANCES
SUBSECTION (C); ARTICLE V - LEAVES: SECTION 1 - VACATIONS, SUBSECTIO
(H); ARTICLE V - LEAVES: SECTION 4 - PAYMENT FOR UNUSED SICK LEAVE
SUBSECTION (E); ARTICLE V - LEAVES: SECTION 9 - BUDGET CONCESSION
LEAVE; ARTICLE VII - GENERAL PROVISIONS: SECTION 4 - TERM 0
MEMORANDUM OF UNDERSTANDING; AND ADDING ARTICLE VI - WORKIN
CONDITIONS: SECTION 1 - WORK SCHEDULES, SUBSECTION (F), FOR FUL
TIME, POLICE SAFETY EMPLOYEES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1: The City Manager of the City of San Bernardino and the Director of Hum
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Resources are hereby authorized and directed to execute on behalf of said City a Side Letter t
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Resolution No. 2006-291 amending Article III - Compensation: Section 1, Salaries; Article III
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Compensation: Section 2, PERS/Retirement Plan, Subsection (C); Article III - Compensation
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Section 10, Recruitment Incentives, Subsections (A) & (B); Article IV - Fringe Benefits: Sectio
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1 - Health/Life Insurance - Active Employees, Subsection (A); Article IV - Fringe Benefits
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Section 3 - Rain GearlUtility UniformslUniform Allowances, Subsection (C); Article V
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Leaves: Section 1 - Vacations, Subsection (H); Article V - Leaves: Section 4 - Payment fo
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Unused Sick Leave, Subsection (E); Article V - Leaves: Section 9 - Budget Concessions Leave
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and Article VII - General Provisions: Section 4 - Term Of Memorandum Of Understanding;
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copy of which is attached hereto and incorporated herein marked as Exhibit A.
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III
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III
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III
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2010-275
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
BERNARDINO AMENDING RESOLUTION NO. 2006-291, ARTICLE III
COMPENSATION: SECTION 1, SALARIES; ARTICLE III - COMPENSATION:
SECTION 2, PERSIRETIREMENT PLAN, SUBSECTION (C); ARTICLE III
COMPENSATION: SECTION 10, RECRUITMENT INCENTIVES, SUBSECTIONS (A
& (B); ARTICLE IV - FRINGE BENEFITS: SECTION 1- HEALTHlLIFE INSURANC
- ACTIVE EMPLOYEES, SUBSECTION (A); ARTICLE IV - FRINGE BENEFITS
SECTION 3 - RAIN GEARlUTILITY UNIFORMSIUNIFORM ALLOWANCES
SUBSECTION (C); ARTICLE V - LEAVES: SECTION 1 - VACATIONS, SUBSECTIO
(H); ARTICLE V - LEAVES: SECTION 4 - PAYMENT FOR UNUSED SICK LEAVE
SUBSECTION (E); ARTICLE V - LEAVES: SECTION 9 - BUDGET CONCESSION
LEAVE; ARTICLE VII - GENERAL PROVISIONS: SECTION 4 - TERM 0
MEMORANDUM OF UNDERSTANDING; AND ADDING ARTICLE VI - WORKIN
CONDITIONS: SECTION 1 - WORK SCHEDULES, SUBSECTION (F), FOR FULL
9 TIME, POLICE SAFETY EMPLOYEES.
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I HEREBY CERTIFY that the foregoing Resolution was du1y adopted by the Mayor an
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the Common Council of the City of San Bernardino at a joint regular meeting thereof, hel
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16th
day of August
,2010, by the following vote, to wit:
13 COUNCILMEMBERS:
14 MARQUEZ
DESJARDINS
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BRINKER
AYES
NA YES
ABSTAIN ABSENT
x
x
x
x
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SHORETT
17 KELLEY
18 JOHNSON
19 MCCAMMACK
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x
x
f7~p~
Ra&l G. Clark, CIty Clerk
IS hereby approved this /t?7iJI'
day 0
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21 The foregoing
resolution
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August
,2010.
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~
Patri k J. Morris, Mayor
City of San Bernardino
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Approved as to form:
J~MES F. P~N ,
CIty Attorne
By:
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Iv--
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2010-275,
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Exbjbit A
SIDE LETTER AMENDMENT/AGREEMENT TO RESOLUTION 2006-291
POLICE SAFETY EMPLOYEES
This Side Letter amends the current language in Resolution No. 2006-291 for full-time, Police Safety
employees amending Article III - Compensation: Section 1, Salaries; Article III - Compensation:
Section 2, PERS/Retirement Plan, Subsection (C); Article III - Compensation: Section 10,
Recruitment Incentives, Subsections (A) & (B); Article N - Fringe Benefits: Section 1 - Health/Life
Insurance - Active Employees, Subsection (A); Article N - Fringe Benefits: Section 3 - Rain
Gear/Utility Uniforms/Uniform Allowances, Subsection (C); Article V - Leaves: Section 1 -
Vacations, Subsection (H); Article V - Leaves: Section 4 - Payment for Unused Sick Leave,
Subsection (E); Article V - Leaves: Section 9 - Budget Concessions Leave; Article VII - General
Provisions: Section 4 - Term Of Memorandum Of Understanding; and adding Article VI - Working
Conditions: Section 1 - Working Schedules, Subsection (F).
A. ARTICLE III. COMPENSATION: SECTION 1. SALARIES
"Effective August 1,2010 and August 1,2011 the City and the SBPOA agree to negotiate the
186 formula to result in no financial impact to both sides."
B. ARTICLE III. COMPENSATION: SECTION 2. PERS/ RETIREMENT PLAN.
SUBSECTION (C)
"All new Police Safety employees hired on or after January 1,2011 will be in the 3% @ 55
retirement formula, as provided by Government Code Section 21363.1. The City further agrees
to conduct a review of the retirement plans of the Charter section 186 agencies in August
2013."
C. ARTICLE III. COMPENSATION: SECTION 10. RECRUITMENT INCENTNES.
SUBSECTIONS (A) & (B)
"Effective August 1,2010, recruitment incentives will be suspended."
D. ARTICLE N. FRINGE BENEFITS: SECTION 1. HEALTH/LIFE INSURANCE - ACTNE
EMPLOYEES. SUBSECTION (A)
"For the period commencing with the payroll period beginning August 1,2010, and continuing
through June 30, 2012, the City will reduce its healthcare premium contribution by $400 per
month per employee."
E. ARTICLE N. FRINGE BENEFITS: SECTION 3. RAIN GEAR/UTILITY
UNIFORMS/UNIFORM ALLOWANCES. SUBSECTION (C)
"For the temporary period of benefit years 2011 and 2012, employees will forego their annual
uniform allowance."
2010-275
Exhibit A
F. ARTICLE V. LEAVES: SECTION 1. VACATIONS. SUBSECTION (H)
Effective July 1, 2010, and continuing through June 30, 2012, employees will not be allowed to
sell back any vacation.
G. ARTICLE V. LEAVES: SECTION 4. PAYMENT FOR UNUSED SICK LEAVE.
SUBSECTION (E)
Effective July 1,2010, and continuing through June 30, 2012, employees will not be allowed
to sell back any accrued sick leave.
H. ARTICLE V. LEAVES: SECTION 9. BUDGET CONCESSIONS LEAVE:
Effective August 1,2010, and continuing through June 30, 2012, all employees will accrue two
(2) hours of concession leave time per week with no expiration date or cash value. In all cases,
leave use will be arranged for and used according to established department policy.
I. ARTICLE VII. GENERAL PROVISIONS: SECTION 4. TERM OF MEMORANDUM OF
UNDERSTANDING
Extend the term of this Memorandum of Understanding (MOD) through December 31,2012.
J. The City and members of the Police Safety Employees Unit agree that if the economy were to
improve prior to June 30,2012, the following "trigger" language would be followed:
The City agrees to restore the employee concession in sections (C) to (F) above prior to
June 30, 2012, 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.
K. The City further agrees that it will not implement furloughs for SBPOA members from July 1,
2010 to June 30, 2012 This provision shall not affect the City's right to layoff employees or to
exercise other management rights that otherwise exist during the term of the Memorandum of
Understanding.
L. The Memorandum of Understanding, except as modified above, continues with full force and
effect. All other terms of Resolution No. 2006-291 not modified by these amendments continue
in full force and effect. In the event of a conflict between the terms ofth"co" ...___..L.' ..
the aforesaid Resolution, the terms ofthese amendments shall control.
rJ..IORIGINAL
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DATE:
FOR THE CITY:
CHARLES MCNEELY, City Manager
City of San Bernardino
IRMA RODRIGUEZ MOISA,
Attorney
Atkinson, Andelson, Loya, Ruud & Romo
LINN LIVINGSTON,
Director of Human Resources
K. ANNE ALVARADO,
Human Resources Manager
2010-275 .
ATTEST:
Exhibit A
City Clerk
REPRESENTATIVES OF:
POLICE SAFETY EMPLOYEES
San Bernardino Police Officers Association
2010-275
Exhibit A
SIDE LETTER AMENDMENT/AGREEMENT TO RESOLUTION 2006-291
POLICE SAFETY EMPLOYEES
This Side Letter amends the current language in Resolution No. 2006-291 for full-time, Police Safety
employees amending Article III - Compensation: Section 1, Salaries; Article III - Compensation:
Section 2, PERS/Retirement Plan, Subsection (C); Article III - Compensation: Section 10,
Recruitment Incentives, Subsections (A) & (B); Article IV - Fringe Benefits: Section 1 - Health/Life
Insurance - Active Employees, Subsection (A); Article IV - Fringe Benefits: Section 3 - Rain
GearlUtility UniformslUniform Allowances, Subsection (C); Article V - Leaves: Section 1 -
Vacations, Subsection (H); Article V - Leaves: Section 4 - Payment for Unused Sick Leave,
Subsection (E); Article V - Leaves: Section 9 - Budget Concessions Leave; Article VII - General
Provisions: Section 4 - Term Of Memorandum Of Understanding; and adding Article VI - Working
Conditions: Section 1 - Working Schedules, Subsection (F).
A. ARTICLE III. COMPENSATION: SECTION 1. SALARIES
"Effective August 1,2010 and August 1,2011 the City and the SBPOA agree to negotiate the
186 formula to result in no financial impact to both sides."
B. ARTICLE III. COMPENSATION: SECTION 2. PERS/ RETIREMENT PLAN.
SUBSECTION (C)
"All new Police Safety employees hired on or after January 1, 2011 will be in the 3% @ 55
retirement formula, as provided by Government Code Section 21363.1. The City further agrees
to conduct a review of the retirement plans of the Charter section 186 agencies in August
2013."
C. ARTICLE III. COMPENSATION: SECTION 10. RECRUITMENT INCENTIVES.
SUBSECTIONS (A) & (B)
"Effective August 1,2010, recruitment incentives will be suspended."
D. ARTICLE IV. FRINGE BENEFITS: SECTION L HEALTH/LIFE INSURANCE - ACTIVE
EMPLOYEES. SUBSECTION (A)
"For the period commencing with the payroll period beginning August 1,2010, and continuing
through June 30, 2012, the City will reduce its healthcare premium contribution by $400 per
month per employee."
E. ARTICLE IV. FRINGE BENEFITS: SECTION 3. RAIN GEARlUTILITY
UNIFORMSIUNIFORM ALLOWANCES. SUBSECTION (C)
"For the temporary period of benefit years 2011 and 2012, employees will forego their annual
uniform allowance."
2010-275
Exhibit A
F. ARTICLE V. LEAVES: SECTION 1. VACATIONS. SUBSECTION (H)
Effective July 1, 2010, and continuing through June 30, 2012, employees will not be allowed to
sell back any vacation.
G. ARTICLE V. LEAVES: SECTION 4. PAYMENT FOR UNUSED SICK LEAVE.
SUBSECTION (E)
Effective July 1,2010, and continuing through June 30, 2012, employees will not be allowed
to sell back any accrued sick leave.
H. ARTICLE V. LEAVES: SECTION 9. BUDGET CONCESSIONS LEAVE:
Effective August 1,2010, and continuing through June 30, 2012, all employees will accrue two
(2) hours of concession leave time per week with no expiration date or cash value. In all cases,
leave use will be arranged for and used according to established department policy.
I. ARTICLE VII. GENERAL PROVISIONS: SECTION 4. TERM OF MEMORANDUM OF
UNDERSTANDING
Extend the term ofthis Memorandum of Understanding (MOU) through December 31,2012.
J. The City and members of the Police Safety Employees Unit agree that if the economy were to
improve prior to June 30, 2012, the following "trigger" language would be followed:
The City agrees to restore the employee concession in sections (C ) to (F) above prior to
June 30, 2012, 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.
K. The City further agrees that it will not implement furloughs for SBPOA members from July 1,
2010 to June 30, 2012 This provision shall not affect the City's right to layoff employees or to
exercise other management rights that otherwise exist during the term of the Memorandum of
Understanding.
L. The Memorandum of Understanding, except as modified above, continues with full force and
effect. All other terms of Resolution No. 2006-291 not modified by these amendments continue
in full force and effect. In the event of a conflict between the terms of these amendments and
the aforesaid Resolution, the terms ofthese amendments shall control.
DATE:t/lY 116
CHARLES MCNEELY,
City of San Bernardino
~ K4Ot~
IRMA RODRIGUEZ MOISA,
Attorney
Atkinson, Andelson, Loya, Ruud & Romo
r/~ u(~
LINN LIVINGSTON,
Director of Human Resources
2010-275
Exhibit A
ATTEST: C( ~ p- U~
City Clerk
REPRESENTATIVES OF:
POLICE SAE TY EMPLOYEES