HomeMy WebLinkAbout2010-389
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Resolution No. 2010-389
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
BERNARDINO RESCINDING RESOLUTION NO. 2010-284 AND APPROVING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SA
BERNARDINO CITY FIRE MANAGEMENT ASSOCIATION REGARDING BUDGE
CONCESSIONS.
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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: Resolution No. 2010-284, which was approved on August 16, 2010, b
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rescinded in its entirety; and
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SECTION 2: The City Manager of the City of San Bernardino and the Director 0
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Human Resources are hereby authorized and directed to execute on behalf of said City
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Memorandum of Understanding with the San Bernardino City Fire Management Associatio
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regarding budget concessions, a copy of which is attached hereto and incorporated herein
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Exhibit "A."
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2010-389
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RESCINDING RESOLUTION NO. 2010-284 AND APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SAN
BERNARDINO CITY FIRE MANAGEMENT ASSOCIATION REGARDING BUDGET
CONCESSIONS.
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I HEREBY CERTIFY that the foregoing Resolution was duly 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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9 COUNCILMEMBERS:
MARQUEZ
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DESJARDINS
11 BRINKER
12 SHORETT
13 KELLEY
JOHNSON
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MCCAMMACK
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December
, 2010, by the following vote, to wit:
AYES
NA YES
ABSTAIN ABSENT
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X
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X
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Rac I G. Clark, CIty Clerk
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The foregoing resolution is hereby approved this ~ day of December
,2010.
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Approved as to form:
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JAMES F. PENMAN,
City Attorney
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S:Agenda Items/Reso.FMA.Furlough.201 0 Ne
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2010-389
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
CITY FIRE MANAGEMENT ASSOCIATION
REGARDING BUDGET CONCESSIONS
This Memorandum of Understanding is entered into by the City of San
Bernardino ("CITY") and the San Bernardino City Fire Management Association
("FMA") pursuant to and subject to Government Code Sections 3500 et seq. as follows:
WHEREAS, the CITY is seeking concessions from its employee organizations in
an effort to address a budget deficit;
WHEREAS, the CITY acknowledges the FMA is the recognized employee
organization, which within the scope of representation, represents the bargaining unit
composed of all Fire Department management-level employees;
WHEREAS, representatives of the CITY and representatives of the FMA have
met and conferred in good faith, exchanged proposals, and have reached agreement
regarding employee concessions equating approximately a 10% reduction in salary;
NOW, THEREFORE, the CITY and the FMA hereby agree to the following
budget concessions as follows:
1. Budget Concessions:
a. Effective December 1, 2010, all Fire Management employees agree to a
deduction of $790 per month (post-tax) towards City non-healthcare
benefit programs.
b. Effective upon agreement with all safety groups, the City of San
Bernardino will amend the current CalPERS contract to provide a two-tier
retirement benefit of 3% at 55 for all newly hired employees in the group
hired on or after January 1,2011.
c. The City agrees to participate in the Post Employment Health Plan
(pEHP) in accordance with the terms and conditions of the Plan's
Participation Agreement. Specifically, the City will establish the following
PEHP programs for Fire Safety Management employees:
~ 401 (a) Accumulated Benefit Conversion Program
~ Universal Reimbursement Account
~ Insurance Premium Reimbursement Account
Effective December 7, 2010, the City agrees to amend the Post
Employment Health Plan (pEHP), in accordance with the terms and
conditions of the Plan's Participation Agreement, to include Holiday
hours.
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2010-389
2. Budget Concessions Leave:
In return for assisting the City during a severe budget deficit, effective December
7,2010, and continuing through June 30, 2012, all Fire Management employees
shall accrue three hours of leave time per week. This leave time shall have no
expiration date or cash value. In all cases, leave use shall be arranged for and used
according to established departmental policy.
3. Restoration of Budget Concessions:
The CITY agrees to restore the ten percent (10%) employee concession prior to
December 31, 2012, if sales tax, utility tax, and property tax totals restore to the
FY 07-08 levels or if the City of San Bernardino 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 the amount of savings achieved through the
employee concessions.
4. All other terms of Resolution Nos. 2007-345 and 2009-71 not modified by this
agreement shall continue in full force and effect. In the event of a conflict
between the terms of this agreement and the aforesaid Resolutions, the terms of
this agreement shall control.
5. Term of Memorandum of Understanding:
This Memorandum of Understanding will remain in effect through June 30, 2012.
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Linn Livingston, Direct of
Human Resources
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San Bernardino City Fire
Management Association (SBFMA)
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ATTEST:
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Rachel Clark, City Clerk /ZJCf""fr,I{!'*t~
Approved as to Form:
S:Agenda ItemsIMOU between City and FMA 12-20- 1 0
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