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HomeMy WebLinkAbout18-Human Resources ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Human Resources Subject: AMENDMENTS TO THE SIDE LETTER AGREEMENTS WITH GENERAL AND MID-MANAGEMENT EMPLOYEES' BARGAINING UNITS From: Linn Livingston, Director of Human Resources Date: March 25, 2009 MICC Meeting Date: April 6, 2009 Synopsis of Previous Council Action: On February 17, 2009 the Mayor and Common Council approved side letter agreements with the General and Middle-Management employees for a 10% employee concession. Recommended Motion: Adopt Resolutions. . . ~ ~,cv~ $;9 at",e Contact person: Linn Livinqston Phone: x5161 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: No cost to the City. Source: (Accl. No.) (Accl. Description) Council Notes: Finance: ~S"D 2009._ {,,5 i 2009- 09 Agenda Item No. I ~ J.(-(p~Oc, CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Amendments to Resolution No. 2007-343, for full-time, non-safety, Middle Management Unit employees and Resolution No. 2005-75, for full-time, non-safety, General Unit employees, clarifying the Side Letter Agreements approved by the Mayor and Common Council in Resolutions 2009-33 and 2009-34. Backl!round: In an effort to assist the City, the Middle Management and General bargaining units agreed to employee concessions equaling approximately a ten percent (10%) reduction in salary. The attached Side Letter amendments include language that was previously agreed to, but inadvertently omitted, in the Side Letters approved by the Mayor and Common Council on February 17, 2009. It is necessary to memorializc the intent of the parties to ensure uniform compliance. . Merit increases will not bc impacted by the 36-hour reduced work week. . The City will continue to report the monthly pay rate to PERS as the full monthly salary approved by the Mayor and Common Council in Resolution No. 6413, Sections 10 and 11. . Employees who work a 36-hour work week shall be paid overtime compensation at the rate of time and one-half for hours worked ovcr 36 hours in the designated work week. Employees who continuc to work a 40-hour work week due to health and safety concerns as determincd by the City Manager will continue to be paid overtime compensation as outlined in the Memorandum of Understanding and in compliance with the Fair Labor Standards Act. Vacation, sick, holiday, compensatory time, and concession leave hours will not apply towards hours worked in the work week. Financial Impact: All City Departments will manage the overtime with current overtime budgets. No cost to the City. Recommendation: Adopt Resolutions. - '---. j'O) '\'4 \~y~ U 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER 3 TO RESOLUTION NO. 2005-75 FOR FULL-TIME, NON-SAFETY, GENERAL UNIT EMPLOYEES, ADDING LANGUAGE TO ARTICLE III, COMPENSATION, SECTION 3, 4 OVERTIME, SECTION 1, SALARIES AND SECTION 2, PERS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1; The City Manager of the City of San Bernardino and the Director of Human 8 Resources are hereby authorized and directed to execute on behalf of said City a Side Letter to 9 Resolution No. 2005-75, adding language to Article III, Compensation, Section 3, Overtime, 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION NO. 2005-75 FOR FULL-TIME, NON-SAFETY, GENERAL UNIT 2 EMPLOYEES, ADDING LANGUAGE TO ARTICLE III, COMPENSATION, SECTION 3, 3 OVERTIME, SECTION 1, SALARIES AND SECTION 2, PERS. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held , 2009, by the following vote, to wit: Navs Abstain Absent 18 19 The foregoing resolution is hereby approved this City Clerk day of ,2009. 20 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to form JAMES F. PENMAN 24 City A orney 25 26 27 28 J. SDEfHumanResources[SideLtrGeneralUnit.Res.doc. ] 2 SIDE LETTER AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE GENERAL UNIT The following sets forth an amendment to Resolution 2005-75 for full-time, non-safety General Unit employees and further clarifies the Side Letter Agreement approved by the Mayor and Common Council in Resolution No. 2009-33: 1. ARTICLE III - COMPENSATION, SECTION 3 - Overtime, the following language is added: "Effective March 1,2009 through June 30, 2010, employees who work a 36-hour work week shall be paid overtime compensation at the rate of time and one-half for hours worked over 36 hours in the designated work week. Employees who continue to work a 40-hour work week due to health and safety concerns as determined by the City Manager will continue to be paid overtime compensation as outlined in the Memorandum of Understanding and in compliance with the Fair Labor Standards Act. Vacation, sick, holiday, compensatory time, and concession leave hours will not apply towards hours worked in the work week." 2. ARTICLE III - COMPENSATION, SECTION 1 - Salaries, the following language is added: "For the period of March I, 2009 through June 30, 2010, employees' salary merit increases will not be impacted by the 36-hour reduced work week." 3. ARTICLE III - COMPENSATION, SECTION 2 - PERS, the following language is added: "Effective March I, 2009 through June 30, 2010, the City shall continue to report the pay rate to PERS as the full monthly salary approved by the Mayor and Common Council in Resolution No. 6413, Section 10." DATE: FOR THE CITY: REPRESENTATIVES OF: GENERAL UNIT EMPLOYEES SDE/HumanRcsources[SideLtrGencralUnit.3. 12 .09 ,doc] 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER 3 TO RESOLUTION NO. 2007-343 FOR FULL-TIME, NON-SAFETY, MIDDLE MANAGEMENT UNIT EMPLOYEES, ADDING LANGUAGE TO ARTICLE III, 4 COMPENSATION, SECTION 6, OVERTIME, SECTION 1, WAGES AND SECTION 5, PERS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 8 9 SECTION 1: The City Manager of the City of San Bernardino and the Director of Human Resources are hereby authorized and directed to execute on behalf of said City a Side Letter to Resolution No. 2007-343, adding language to Article III, Compensation, Section 6, Overtime, 10 11 Section 1, Wages and Section 5, PERS. 12 1/1 13 11/ 14 11/ 15 11/ 16 11/ 17 1/1 18 19 11/ 20 /II 21 1/1 22 1/1 23 1/1 24 11/ 25 26 11/ 27 1/1 28 11/ l{- 6-0 ~ Hfb SDE/HumanResources[SideLtrGeneralUnitRes.doc. ) 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION NO. 2007-343 FOR FULL-TIME, NON-SAFETY, MIDDLE 2 MANAGEMENT UNIT EMPLOYEES, ADDING LANGUAGE TO ARTICLE III, 3 COMPENSATION, SECTION 6, OVERTIME, SECTION 1, WAGES AND SECTION 5, PERS. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Conunon Council of the City of San Bernardino at a 6 meeting thereof, held 7 on the day of 8 Council Members Aves 9 ESTRADA 10 BAXTER 11 BRINKER 12 SHORETT 13 KELLEY 14 15 JOHNSON 16 McCAMMACK 17 , 2009, by the following vote, to wit: Navs Abstain Absent 18 19 20 City Clerk The foregoing resolution is hereby approved this day of ,2009. 21 22 23 PaunckJ. Monis,Mayor City of San Bernardino Approved as to form 24 JAMES F. PENMAN City ttorney 25 26 27 28 I SDElHumanResources[SideLtrGeneraJUnit.Res.doc.] 2 SIDE LETTER AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE MIDDLE MANAGEMENT UNIT The following sets forth an amendment to Resolution 2007-343 for full-time, non-safety Middle Management Unit employees and further clarifies the Side Letter Agreement approved by the Mayor and Common Council in Resolution No. 2009-34: 1. ARTICLE III - COMPENSATION, SECTION 6 - Overtime, the following language is added: "Effective March 1,2009 through June 30, 2010, employees who work a 36-hour work week shall be paid overtime compensation at the rate of time and one-half for hours worked over 36 hours in the designated work week. Employees who continue to work a 40-hour work week due to health and safety concerns as determined by the City Manager will continue to be paid overtime compensation as outlined in the Memorandum of Understanding and in compliance with the Fair Labor Standards Act. Vacation, sick, holiday, compensatory time, and concession leave hours will not apply towards hours worked in the work week." 2. ARTICLE III - COMPENSATION, SECTION 1 - w.ages, the following language is added: "For the period of March I, 2009 through June 30, 2010, employees' salary merit increases will not be impacted by the 36-hour reduced work week." 3. ARTICLE III - COMPENSATION, SECTION 5 - PERS, the following language is added: "Effective March I, 2009 through June 30, 20 I 0, the City shall continue to report the pay rate to PERS as the full monthly salary approved by the Mayor and Common Council in Resolution No. 6413, Section II." DATE: FOR THE CITY: REPRESENTATIVES OF: MIDDLE MANAGEMENT UNIT EMPLOYEES SDE/H umanResources[SideLtrM idMgtUnit3. 12 .09 ,doc 1 ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: LINN LIVINGSTON, DIRECTOR OF HUMAN RESOURCES Subject: RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE MANAGEMENT ASSOCIATION REGARDING BUDGET CONCESSIONS Date: March 31, 2009 MICC Meeting Date: April 6, 2009 Synopsis of Previous Council Action: On November 17, 2008, the Mayor and Common Council approved Resolution No. 2008-427, which recognizes the San Bernardino Police Management Association as the majority representative for the Police Management Unil. Recommended Motion: Adopt Resolution. ~K~ ~~"[~~ Signature Contact person: Phone: Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Savinqs of $237,100 over 15 months. Source: (Accl. No.) (Accl. Description) Council Notes: Finance: A G50 ;) 0(, '7' - 70 Agenda Item No. IBA- J.f-tP~{)'7 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the City Of San Bernardino Approving a Memorandum Of Understanding Between the City Of San Bernardino and the San Bernardino Police Management Association Regarding Budget Concessions. Backl!round: On November 17, 2008, the Mayor and Common Council approved Resolution No. 2008-427, which recognizes the San Bernardino Police Management Association (PMA) as the majority representative for the Police Management Unit. Prior to this recognition, Police Management employces were covered under Management/Confidential Rcsolution No. 2007-345. The proposed resolution includes all terms and conditions contained in Resolution 2007-345 that pertain to Police Management employees, including amendments approved by the Mayor and Common Council on February 17, 2009. As a result of the City's budget deficit, the Human Resources Department met with Police Management representatives. In an effort to assist the City, the Police Management Association agreed to employee concessions equaling approximately a ten-percent (] 0%) reduction in salary. Effective with the payroll period beginning April 1,2009, and continuing through June 30, 2010, it is recommended the following actions be approved: " The City will reduce its monthly health care premium contribution by $886 for Captains and $794 for Lieutenants. ,. On a monthly basis, each employee's vacation balance will be reduced by 2.7 hours (total 40 hours) and each employee's holiday balance will be reduced by 1.9 hours (total 28 hours). " Each employee will accrue four (4) hours ofleave time per week to be used at their discretion in the same manner as vacation leave. These hours will have no expiration date or cash value except for those retiring prior to June 30, 2010, who will be paid for 50% of the accrued hours. ,. Effective April 1,2009, the vacation maximum cap will increase by fifteen percent (15%) as follows: Current ]60 240 360 400 With] 5% Increase 184 276 4]4 460 , Upon retirement, any applicable leave balance payout shall be in the form of a lump sum. In exchange for these concessions, the City and PMA agree that if the economy were to improve prior to June 30, 2010, the following "trigger" language would be followed: The City agrees to restore the ten pereent (10%) employee concession prior to June 30, 2010 ifsales 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 eoncessions. Financial Impact: This will result in approximately $237,100 in savings over 15 months. Recommendation: Adopt Resolution. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE MANAGEMENT ASSOCIATION REGARDING BUDGET CONCESSIONS This Memorandum of Understanding is entered into by the City of San Bernardino ("CITY") and the San Bernardino Police Management Association ("SBPMA") pursuant to and subject to Government Code Sections 3500 ct 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 SBPMA is the recognized employee organization, which within the scope of representation, represents the bargaining unit composed of all Police Department management-level employees; WHEREAS, representatives of the CITY and representatives of the SBPMA have met and conferred in good faith, exchanged proposals, and have reached agreement regarding employee concessions equating approximately a ten percent (10%) reduction in salary; NOW, THEREFORE, the CITY and the SBPMA hereby agree to the following budget concessions as follows: I. Budget Concessions: a. Effective April 1,2009, and continuing through June 30, 2010, the City's monthly contribution towards health care benefits will be reduced by $886 for Captains and $794 for Lieutenants. b. Effective April 1, 2009, and continuing through June 30, 2010, on a monthly basis, all Police Management employees' vacation balance will be reduced by 2.7 hours (total 40 hours) and employees' holiday balance will be reduced by 1.9 hours (total 28 hours). 2. Budget Concessions Leave: In return for assisting the City during a severe budget deficit, effective April 1, 2009, and continuing through June 30, 2010, all Police Management employees shall accrue four (4) hours of leave time per week to be used in the same manner as vacation leave. These hours will have no expiration date nor cash value except for those Police Management employees retiring prior to June 30, 2010, who will be paid for 50% of the accrued hours. SDE/js[ST1PMA\MOU bCt\VCCll City and POA 3. Leave Balance Payouts: Effective April I, 2009, and continuing through June 30, 2010, upon retirement, any applicable leave balance payout shall be in the fornl of a lump sum. 4. Vacation Accruals: Effective April 1, 2009, the vacation maximum cap as set forth in Resolution 2007 -345 will increase by fifteen percent (15%). 5. Restoration of Budget Concessions: The CITY agrees to restore the ten percent (10%) employee concession prior to June 30, 2010, ifsales 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. 6. Term of Memorandum of Understanding: This Memorandum of Understanding will remain in effect through December 31, 2010. Date: Mark Weinberg, City Manager San Bernardino Police Management Association (SBPMA) Linn Livingston, Director of Human Resources ATTEST: Rachel Clark, City Clerk Approved as to Fornl: James F. Penman City Attomey SDEijs[S8Pj\lA,\!OU bel\~eCll City and 1'0'\ , 1 RESOLUTION NO. (~~ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO MEMORANDUM OF UNDERSTANDING BETWEEN THE 3 BERNARDINO AND THE SAN BERNARDINO POLICE 4 ASSOCIATION REGARDING BUDGET CONCESSIONS APPROVING A CITY OF SAN MANAGEMENT :; BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 I 7 SECTION 1: The City Manager of the City of San Bernardino and the Director of Human 8 Resources are hereby authorized and directed to execute on behalf of said City a Memorandum of 9 Understanding with the San Bernardino Police Management Association regarding budget to concessions. a copy of which is attached hereto and incorporated herein marked as Exhibit A. 11 III /, , 12 //1 13 /1/ 14 15 //1 16 /1/ 17 18 19 20 21 22 23 24 25 26 27 28 SDE'Js[S B PMA \SBPMA Gudget.Concessions Res J 4-& -0'1 ~ /gA- RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN 2 THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE 3 MANAGEMENT ASSOCIATION REGARDING BUDGET CONCESSIONS 41 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof. held . 2009. by the following vote. to wit: Navs Abstain Absent 13 KELLEY 14 JOHNSON IS McCAMMACK 16 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of ,2009. 20 21 22 Patrick J. Morris. Mayor City of San Bernardino 23 Approved as to form JAMES F. PENMAN 24 City Attorney 25 By: 26 27 28 .~ 2 :\IE:\IORA:\TDC:\I OF U:\TDERSTA:"iDI:"iG BETWEEN THE CITY OF SAN BERc'iARDINO Al\'D THE SAN BERc'liARDINO POLICE l\IA:\TAGEMENT ASSOCIATION REGARDING BUDGET CO"iCESSIONS This Memorandum of Understanding is entered into by the City of San Bernardino ("CITY") and the San Bernardino Police Management Association ("SBPMA") pursuant to and subject to COl'NlllI/ell! 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 SBPMA is the recognized employee organization, which within the scope of representation, represents the bargaining unit composed of all Police Department managemcnt-Icvel employees; WHEREAS, representatives of the CITY and representatives of the SBPi\IA have met and conferred in good faith, exchanged proposals, and have reached agreement regarding employee concessions equating approximately a ten percent (10%) reduction in salary; NOW, THEREfORE, the CITY and the SBPMA hereby agree to the following budget concessions as follows: 1. Budget Concessions: a. Effective April 1,2009, and continuing through June 30, 2010, the City's monthly contribution towards health care benefits will be reduced by 5886 for Captains and $794 for Lieutenants. b. Effective April I, 2009, and continuing through June 30, 20]0, on a monthly basis, all Police Management employees' vacation balance will be reduced by 2.7 hours (total 40 hours) and employees' holiday balance will be reduced by 1.9 hours (total 28 hours) 2. Budget Concessions Leave: In return for assisting the City during a severe budget deJicit, effective April 1, 2009, and continuing through June 30, 2UIO, all Police Management employees shall accrue four (4) hours of leave time per week to be used in the same manner as vacation leave. These hours will have no expiration date nor cash value except for those Police Management employees retiring prior to Junc 30, 2010, who will be paid for 50% of the accrucd hours. SDbjs[SBf';\IA:\10U betweell City allJ I'OA 3. Le~l\e Balance Payouts: Effective April 1. 2009, and continuing through June 3u, 2010, upon retirement. any applicable leave balance payout shall be in the [01111 of a lump sum, 4, Vacation Accruals: Effective April 1. 2009, the vacation maximum cap as set forth in Resolution 2007 -345 will increase by fifteen percent (15~ 0), 5, Restoration of Budget Concessions: The CITY agrees to restore the ten percent (10%) employee concession prior to June 30, 2010, ifsales tax, utility tax, and property tax totals restore to the FY 07- 08 lev"Cls or if the City of San Bel11ardino receives a Federal or State bailout or other windlelll that can be applied to the General Fund with nO limitations equal to or greater than tbe amount of sav'ings achieved through the employee concessions, 6, Term of Memorandum of Understanding: This Memorandum of Understanding will remain in effect through December 31, 2010, Date: San Bernardino Police tv! anagcment Association (SBPMA) Mark Weinberg, City Manager Linn Livingston, Director of Human Resources ATTEST: Rachel Clark, City Clerk Approved as to Form: James F, Penman City Attoll1ey ;U['IS!SDP:,\I.\' \101; hw,cCI1 ell: and i'O.\ 2 2009-70 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE MANAGEMENT ASSOCIATION REGARDING BUDGET CONCESSIONS This Memorandum of Understanding is entered into by the City of San Bernardino ("CITY") and the San Bernardino Police Management Association ("SBPMA") 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 SBPMA is the recognized employee organization, which within the scope of representation, represents the bargaining unit composed of all Police Department management-level employees; WHEREAS, representatives of the CITY and representatives of the SBPMA have met and conferred in good faith, exchanged proposals, and have reached agreement regarding employee concessions equating approximately a ten percent (10%) reduction in salary; NOW, THEREFORE, the CITY and the SBPMA hereby agree to the following budget concessions as follows: I. Budget Concessions: a. Effective April 1,2009, and continuing through June 30, 2010, the City's monthly contribution towards health care benefits will be reduced by $886 for Captains and $794 for Lieutenants. b. Effective April I, 2009, and continuing through June 30, 2010, on a monthly basis, all Police Management employees' vacation balance will be reduced by 2.7 hours (total 40 hours) and employees' holiday balance will be reduced by 1.9 hours (total 28 hours). 2. Budget Concessions Leave: In return for assisting the City during a severe budget deficit, effective April 1, 2009, and continuing through June 30, 2010, all Police Management employees shall accrue four (4) hours of leave time per week to be used in the same manner as vacation leave. These hours will have no expiration date nor cash value except for those Police Management employees retiring prior to June 30, 2010, who will be paid for 50% of the accrued hours. SDElJs[SBPMA\MOU between City and POA 2009-70 . 3. Leave Balance Payouts: Effective April I, 2009, and continuing through June 30, 2010, upon retirement, any applicable leave balance payout shall be in the form of a lump sum. 4. Vacation Accruals: Effective April I, 2009, the vacation maximum cap as set forth in Resolution 2007-345 will increase by fifteen percent (15%). 5. Restoration of Budget Concessions: The CITY agrees to restore the ten percent (10%) employee concession prior to June 30, 2010, 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. 6. Term of Memorandum of Understanding: This Memorandum of Understanding will remain in effect through December 31, 2010. Date: Mark Weinberg, City Manager San Bernardino Police Management Association (SBPMA) Linn Livingston, Director of Human Resources ATTEST: Rachel Clark, City Clerk SDE/js[SBPMA\MOU between City and POA 2 ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Linn Livingston, Director of Human Resources Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 2007.345 BETWEEN THE CITY AND FIRE SAFETY MANAGEMENT EMPLOYEES Dept: Human Resources Date: March 31, 2009 MICC Meeting Date: April 6, 2009 Synopsis of Previous Council Action: On February 17, 2009, the Mayor and Common Council amended Resolution No. 2007- 345, Section 2, S, Compensation; Section 2, Q, Vacation Leave and Section 2, Y, Holidays, between the City and Management/Confidential Non-Safety employees. Recommended Motion: Adopt Resolution. ~iAL .ml,rl/~fbvv Signature Contact person: Linn Livinqston Phone: x5161 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Approximately $174,000 in savinqs over 15 months Source: (Accl. No.) (Accl. Description) Council Notes: Finance: ~so 2-oo9~ '7/ Agenda Item No. leB '1.frOq CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2007-345 between the City and Fire Safety Management Employees. Backl!round: As a result of the City's financial status, the Human Resources Department met and conferred with Fire Safety Management employees. In an effort to assist the City, employees agreed to a 10% "Negotiated Concession" (approximately $183,400) to their current base monthly salary beginning April 1, 2009, and continuing through June 30, 2010. In return for the negotiated concession, it is recommended that the following actions be adopted: >- Beginning April 1, 2009, and continuing through June 30, 2010, each employee will accrue four (4) hours, shift employees will accrue six (6) hours, of leave time per week. The hours must be scheduled in the same manner as vacation time. There is no expiration or cash value except for Fire Safety Management employees who retire prior to June 30, 2010, who will be compensated for 50% of the accumulated leave hours. Only 40-hour- per-week employees will be able to use the leave time prior to July 1,2010. >- Effective with the first payroll check in July 2009, and annually thereafter, each Fire Safety Management employee shall receive an annual uniform allowance of seven hundred thirty-five dollars ($735) to be paid in a lump sum amount in lieu of the City furnishing and replacing uniforms. >- Battalion Chiefs (P5) assigned to a reimbursable incident may receive time and a half compensation if the extra half-time compensation is reimbursable by the respective local, state or federal agency responsible for the incident. >- The City has agreed to contact our healthcare vcndors to determine if the City's current contracts can be amended to participate in the H.R. 2177 program, which allows for the direct transfer of deferred compensation deposits to pay for medical premiums for retired Fire Safety Management employees. >- Effective April 1,2009, the vacation accrual maximum will be increased by 15%. >- Effective April I, 2009, and each fiscal year thereafter, Fire Safety Management 56- hours-per-week employees will be allowed to sell back vacation hours of up to six (6) shifts per year, 144 hours and effective July 1,2010, 40-hours-per-week employees will be allowed to sell back 40 hours per year. 4- 6-0'1 f?epfaCf'tfl6'J'd P"jl'!S /Q(J.. In exchange for these concessions, the City and PMA agree that if the economy 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 sales tax, utility tax, and property tax totals restore to the FY 07-08 levels or if the City of San Bemardino 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. Financial Impact: This will result in approximately $237,100 in savings over 15 months. Recommendation: Adopt Resolution. 1 Resolution No. CCO)[pJ1{ 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, VACATION LEAVE; SECTION 2, X, POST EMPLOYMENT HEALTH PLAN; ADDING SECTION 2, AA, WELFARE BENEFIT PLAN AND TRUST, BETWEEN T CITY AND MANAGEMENT/CONFIDENTIAL FIRE SAFETY MANAGEME 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 I: Resolution No. 2007-345, Section 2, B, Compensation, Subsection 1, i hereby amended as follows: "B. Compensation Safety Classifications shall have their salaries determined in accordance with Charter Section 186. 10 11 I. 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 a. Short-term negotiated concession: Effective with the payroll period beginning April continuing through June 30, 2010, Fire Safety Managemen employees agree to contribute a ten percent (10%) 'Negotia Concession' to the City due to a fiscal deficit. The calculation wil be based on the employee's current base monthly salary. b. In return for the above budget concession, effective April 1, 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 of leave time per week. This leave time shal have no expiration date or cash value, except for Fire Safe Management employees who retire prior to June 30, 2010 who wil be compensated for 50% of the accumulated leave hours. Shi employees shall not use the subject leave time prior to July 1 2010, and in all cases, leave use shall be arranged for and use according to established department policy. -1- Lf- 6 ~O'l ::!t 1 'aB l RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 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, 20 I 0 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 b applied to the General Fund with no limitations, equal to or greate than the amount of savings achieved through the above-note employee concessions. SECTION 2: Resolution No. 2007-345, Section 2, H, Uniform Allowance, is hereby c. 7 8 9 10 11 12 ended as follows: 13 "Fire :4 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 follows: I. 15 16 17 18 19 "K. Overtime 20 I. Employees shall receive overtime compensation in accordance with the Fair Labor Standards Act (FLSA). 21 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 22 23 24 25 -2- 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, K 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 MANAGEME EMPLOYEES 2 3 4 5 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- 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, K 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 MANAGEME EMPLOYEES 2 3 4 5 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 I, 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 II 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- 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, K OVERTIME; SECTION 2, 0, DEFERRED COMPENSATION; SECTION 2, Q VACATION LEAVE; SECTION 2, X, POST EMPLOYMENT HEALTH PLAN; AN 4. ADDING SECTION 2, AA, WELFARE BENEFIT PLAN AND TRUST, BETWEEN T CITY AND MANAGEMENT/CONFIDENTIAL FIRE SAFETY MANAGEME EMPLOYEES 2 3 5 6 7 8 9 10 11 12 II/ 13 II/ II/ 14 II/ 15 II/ 16 II/ 17 II/ II/ 18 II/ 19 II/ 20 II/ 21 II/ 22 II/ II/ 23 II/ 24 II/ 25 II/ II/ 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- 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, K 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 MANAGEME EMPLOYEES 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 7 the Common Council of the City of San Bernardino at a meeting thereof, hel 8 on day of 9 :0 COUNCILMEMBERS: 11 ESTRADA 12 BAXTER 13 BRINKER H SHORETT KELLEY 15 JOHNSON 16 MCCAMMACK ,2009, by the following vote, to wit: AYES NA YES ABSTAIN ABSENT 17 18 Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this day of ,2009. 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 25 -6- By: