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Home My WebLink About16- Human Resources ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: May 19, 2009 Subject: RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2008-306, SECTION 2, Y. HOLIDAYS, BETWEEN THE CITY AND FIRE SAFETY MANAGEMENT EMPLOYEES From: Linn Livingston, Director of Human Resources Dept: Human Resources MICC Meeting Date: June 1, 2009 Synopsis of Previous Council Action: On April 6, 2009, the Mayor and Common Council approved a Side Letter Agreement (Resolution No. 2009-71) with Fire Safety Management employees for a 10% negotiated concession. On August 4, 2008, the Mayor and Common Council approved an amendment to Resolution No. 2007-345 to amend Section 2, B. Compensation, and Section 2, Y. Holidays (Resolution No. 2008-306). Recommended Motion: Adopt Resolution. ~ ~ . . --c /~~' A~ Slg ature , Contact person: Linn LivinQston Phone: x5161 Supporting data attached: FUNDING REQUIREMENTS: Ward: Amount: No cost to the City. Source: (Acct. No.) (Acct. Description) Council Notes: Finance: /f? s-a 2a?9 - /3;;' Agenda Item No. IlP l.I../-()q CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the City of San Bemardino amending Resolution No. 2008-306, Section 2, Y. Holidays, between the City and Fire Safety Management Employees. Back2;found: Resolution No. 2008-306 for Management/Confidential employees established a reduced holiday accrual rate for Fire Safety Management employees beginning August 1, 2008, through June 30, 2009. This action was taken as part of Fire Safety Management's negotiated concessions to help alleviate the City's fiscal crisis. Additional budget concession negotiations were recently held with Fire Safety Management and a new agreement was reached (Resolution No. 2009-71). Effective April 1, 2009, and continuing through June 30, 2010, Fire Safety Management agreed to a 10% negotiated concession based solely on base monthly salary. This Agreement superseded Resolution No. 2008-306 and no longer required the need to reduce holiday accrual rates. Resolution No. 2009-71 did not specifically state discontinuing the reduced holiday accrual rates in lieu of the newly negotiated agreement. The attached Resolution includes specific language as to the discontinuance of the holiday accrual rate reduction in the Resolution approved by the Mayor and Common Council on April 6, 2009. It is necessary to memorialize the intent of the parties to ensure uniform compliance. Financial Impact: There will be no cost to the City. Recommendation: Adopt Resolution. CC(Q)(Pu 1 Resolution No. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTIO 2008-306, SECTION 2, Y. HOLIDAYS, BETWEEN THE CITY AN MANAGEMENT/CONFIDENTIAL, FIRE SAFETY MANAGEMENT EMPLOYEES. 3 4 5 BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CIT 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION I: Resolution 2008-306 Section 2, Y. Holidays is amended as follows: 8 "SECTION 2. Y. HOLIDAYS 9 10 All participants shall receive the following paid holidays: 11 New Year's Day January 1 12 Martin Luther King Day 3rd Monday in January 13 President's Day 3rd Monday in February 14 Memorial Day Last Monday in May 15 Independence Day July 4 16 First Monday in September Labor Day 17 Veteran's Day November 11 18 Thanksgiving 4th Thursday in November 19 Day after Thanksgiving Friday after 20 Christmas Eve December 24 21 Christmas Day December 25 22 New Year's Eve December 31 23 24 Two (2) Floating Holidays (18 holiday hours) 25 -1- b -/-tJ~ # /~ 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 2008-306, SECTION 2, Y. HOLIDAYS, BETWEEN THE CITY AND MANAGEMENT/CONFIDENTIAL, FIRE SAFETY MANAGEMENT EMPLOYEES. 2 3 4 Holidays listed above shall be allowed on a Monday, if any such holiday falls on 5 Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday, for all 6 employees except those covered by other provisions herein. If the Christmas and New Year 7 holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays 8 and Tuesdays. 9 Non-safety employees shall accrue nine (9) hours of holiday time per holiday. Two (2) :0 floating holidays will equal 18 holiday hours and will be placed into the employee's holiday 11 account at the beginning of each calendar year. 12 13 Holidays earned in any twelve (12) month period are not accumulative beyond the total 14 number of holidays allowed each year by this pay plan. 15 If new employees elect to "draw down" from the holiday account, the hours used will be :6 deducted from the sixteen (16) holiday account hours they receive upon the completion of six 17 (6) months of continuous service. Effective January 1, 2006, employees may draw down from 18 the eighteen (18) hours holiday account upon completion of six (6) months of continuous 19 servIce. 20 In the event of the employee's failure for any reason to take such holiday account hours 21 22 during the term of this Resolution, the employees shall be paid for his/her holiday account 23 balance, upon separation from the City. Effective January 1, 2006, non-shift employees may 24 accrue a total balance of a maximum of 126 hours. 25 -2- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 2008-306, SECTION 2, Y. HOLIDAYS, BETWEEN THE CITY AND MANAGEMENT/CONFIDENTIAL, FIRE SAFETY MANAGEMENT EMPLOYEES. 2 3 4 Effective January 1, 2006, safety employees will accrue nine (9) hours per holiday. 5 Holidays earned in any twelve-month period are not accumulative beyond the total number of 6 holidays allowed each year by this pay plan. Employees may not exceed a balance of 126 hours 7 at any time. 8 Police Management 9 Police Safety Management members may sell back up to one quarter (25%) of their 10 annual holiday leave. Maximum sell back will be 28 hours. Eligible employees shall notify the 11 Finance Department by August 1, of hislher request for sell back for the prior fiscal year ending 12 June 30. The City shall compensate eligible employees on the first payday in September. 13 Fire Management 14 Effective August 1,2008, through March 31, 2009, all Fire Safety Management membe 15 16 who work a 24 hour shift, will accrue 69 hours of Holiday time. During the time period 0 17 August 1, 2008 through March 31, 2009, the Holiday accrual rate will be reduced from 15.75 pe 18 month to 6.28 hours per month. Effective April 1, 2009, the holiday accrual rate will return t 19 15.75 hours per month. 20 In lieu of the above, shift employees shall accrue six-and-a-half (6-YS) shifts per calendar 21 year, accrued at six (6) hours per pay period." 22 /1/ 23 24 25 -3- RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTIO 2008-306, SECTION 2, Y. HOLIDAYS, BETWEEN THE CITY AN MANAGEMENT/CONFIDENTIAL, FIRE SAFETY MANAGEMENT EMPLOYEES. 4 the Common Council of the City of San Bernardino at a meeting thereof, hel 2 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 on day of 6 7 COUNCILMEMBERS: 8 ESTRADA 9 BAXTER 10 BRINKER SHORETT 11 KELLEY 12 JOHNSON 13 MCCAMMACK 14 15 16 ,2009, by the following vote, to wit: AYES NA YES ABSTAIN ABSENT Rachel G. Clark, City Clerk 17 The foregoing resolution is hereby approved this day of ,2009. 18 19 PatrickJ. Morris, Mayor City of San Bernardino Approved as to form: 20 21 JAMES F. PENMAN, City Attorney 22 23 s: genda Items\Reso.Mgmt-Conf.Fire Mgmt Holiday Accrua1.6-1-09 .doc 24 25 -4-