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HomeMy WebLinkAbout07.O- Human Resources RESOLUTION(I )# 1921) DOC ID: 1921 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION [`✓ Personnel From: Linn Livingston M/CC Meeting Date: 07/02/2012 Prepared by: Linda Wynn, (909) 384-5161 Dept: Human Resources Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Extension of. MOUs/Side Letters/Resolutions for the General, Middle Management, and Management/Confidential Bargaining Units. Financial Impact: General Fund savings total approximately$401,950 per month. Motion: Adopt Resolution; and authorize the Acting City Manager to continue a 36-hour reduced work week and commensurate Friday closure of City Hall until successor MOUs/Side Letters/Resolutions are negotiated/adopted. Synopsis of Previous Council Action: On June 23, 2011, the Mayor and Common Council adopted Resolution 2011-207, approving a new Memorandum of Understanding for the General Employee Unit, which included a 10% concession through June 30, 2012. On September 7, 2010, the Mayor and Common Council adopted Resolution 2010-300 for the Middle Management Unit,continuing the 10%concession through June 30,2012. On August 16, 2010, the Mayor and Common Council adopted Resolution 2010-276 for the Management/Confidential Unit, continuing the 10%concession through June 30, 2012. Background: On June 30, 2012, the current 10% concession MOUs/Side Letters/Resolutions will expire for the General,Middle Management, and Management/Confidential Units. All parties recognize the current budget deficit and are willing to extend their respective agreements to provide an opportunity for all parties to review proposals, counter proposals and reach agreement. The affected resolution numbers are as follows: Updated:6/28/2012 by Linda Wynn A Packet Pg. 1596 1921 • General Unit: No. 2011-207 • Middle Management Unit: No. 2010-300 • Management/Confidential Unit: No. 2010-276 The extensions will be applied to the General, Middle Management, and Management/Confidential units until successor MOUs/Side Letters/Resolutions are negotiated/adopted. The Human Resources Department recommends that the Mayor and Common Council adopt the attached Resolution. Financial Impact: General Fund savings total approximately$401,950 per month; a breakdown by each respective bargaining unit is as follows: General Unit: $227,400 Middle Management: $ 52,700 Management/Confidential: $121,850 Total: $401,950 City Attorney Review: Supportine Documents: reso.BU Extensions 2012 (DOC) SideLtr GeneralUnit Ext 2012 (DOC) SideLtr GeneralUnit Ext 2012 (DOC) SideLtr Mid Mgmt Ext 2012 (DOC) SideLtr Mid Mgmt Ext 2012 (DOC) Updated:6/28/2012 by Linda Wynn A PackefPg. 1597 I 1921 SideLtr Mgmt Confid Ext 2012 (DOC) SideLtr Mgmt Confid Ext 2012 (DOC) C Updated: 6/28/2012 by Linda Wynn A PacketPg. 1598 7.O.a 1 RESOLUTION NO. m 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN rn BERNARDINO AUTHORIZING EXTENSIONS OF MOUS, SIDE LETTERS, AND 3 RESOLUTIONS FOR THE GENERAL, MIDDLE MANAGEMENT, AND 4 MANAGEMENT/CONFIDENTIAL BARGAINING UNITS. v 5 WHEREAS, General Unit, Middle Management Unit, and Management/Confidential Unit d 6 v 7 entered into MOUs/Side Letters/Resolutions to provide a 10% salary reduction administered y c 0 8 through a 36-hour reduced work week; S 0 N 9 WHEREAS, pursuant to these MOUs/Side Letters/Resolutions, the aforesaid employee wo v 10 concessions were to expire on June 30, 2012; 11 WHEREAS, the City is in contract negotiations with these employee groups and desires to 12 continue the aforesaid concessions; n 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON f C o 15 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: o .N c 16 SECTION 1: The Acting City Manager of the City of San Bernardino and the Director of w 17 Human Resources are hereby authorized and directed on behalf of the City to extend the N m 18 termination dates of the following MOUs/Side Letters/Resolutions until successor MOUs/Side 19 0 Letters/Resolutions are negotiated/adopted: A 20 y General Unit—Resolution No. 2011-207; 21 S 22 Middle Management Unit—Side Letter/Resolution No. 2010-300; 0 23 Management/Confidential Unit—Resolution No. 2010-276. m K 24 SECTION 2: Side Letters executed by the affected employee groups reflecting the in d 25 extension of the above-mentioned termination dates are attached hereto and incorporated herein, m 26 marked as Exhibits A,B, and C. d O 27 L 28 a � Packet Pg. 1599 7.O.a I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXTENSIONS OF MOUS, SIDE LETTERS, AND E 2 RESOLUTIONS FOR THE GENERAL, MIDDLE MANAGEMENT, AND rn 3 MANAGEMENT/CONFIDENTIAL BARGAINING UNITS. f 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 9 v 5 Common Council of the City of San Bernardino at a meeting thereof, held m 6 on the day of 2012,by the following vote, to wit: Council Members Ayes Nays Abstain Absent c 8 5 MARQUEZ 0 9 JENKINS a 10 m 11 VALDIVIA `w d J 12 SHORETT m a U) 13 KELLEY o © 14 16 JOHNSON o c 15 00 MCCAMMACK 16 x w 17 N 18 Georgeann Hanna, City Clerk m 19 The foregoing resolution is hereby approved this day of , 2012. o 2 20 21 Patrick J. Moms,Mayor $ 22 City of San Bernardino 0 23 Approved as to form c JAMES F. PENMAN x 24 City Attorney m 0 25 By: v 26 m O 27 0 28 a 2 'ket Pg. 1600 r EXHIBIT A SIDE LETTER AMENDMENT/AGREEMENT TO MOU 2011-207 BETWEEN THE CITY OF SAN BERNARDINO AND THE GENERAL UNIT c m E The following sets forth an amendment to MOU 2011-207 for full-time,non-safety General Unit m employees. A. ARTICLE III—COMPENSATION. SECTION 1 —SALARIES "Salaries are per Resolution No. 6413, Section 10, as amended by the Mayor and v Common Council. d Effective July 1, 2012, all non-safety employees will participate in a reduced 36-hour work week until a successor MOU/Side Letter is adopted by the Mayor and Common w Council. This reduced work week will equate to approximately a ten percent (10%) pay `o reduction. 0 The reduced work week will not alter existing MOU articles on overtime, leave accruals, X and reportable PERS monthly salaries. m Upon approval of the MOU/Side Letter by the Mayor and Common Council, the General Unit employees will forego step/merit increases for twelve(12) consecutive months, from the date of such approval." rn B. ARTICLE VII — GENERAL PROVISIONS. SECTION 4 — TERM OF n MEMORANDUM OF UNDERSTANDING "The term of this MOU shall extend until a successor MOU/Side Letter is adopted by the 0 Mayor and Common Council. If negotiations regarding an MOU are in progress at the 2 time the current MOU expires or if the parties are at impasse, the current MOU shall c" remain in effect until a successor MOU is adopted by the Mayor and Common Council." w N A DATE: N 0 FOR THE CITY: REPRESENTATIVES OF: x GENERAL UNIT EMPLOYEES w c A Andrea Travis-Miller,Acting City Manager International Union of Operating City of San Bernardino Engineers (IUOE) J N N Director of Human Resources City of San Bernardino E s U N O a � PackeYPg_1601 EXHIBIT B G SIDE LETTER AMENDMENT/AGREEMENT TO SIDE LETTER 2010-300 BETWEEN THE CITY OF SAN BERNARDINO AND THE MIDDLE MANAGEMENT UNIT E v m m c m The following sets forth an amendment to Side Letter 2010-300 for full-time, non-safety Middle °- Management Unit employees by adding the following language to the referenced articles, ,°v_ sections and subsections: m A. ARTICLE III,COMPENSATION, SECTION 1, WAGES w "Salaries are per Resolution No. 6413, Section 11, as amended by Mayor and Common 0 Council. 0 Effective July 1, 2012, until a successor MOU/Side Letter is adopted by the Mayor and o Common Council, all members of the Middle Management Unit, excluding those due to health or safety concerns as determined by the City Manager, will continue to participate v c in -h m a 36 our work week, resulting in four (4) hours of no pay per week. This reduced � work week will equate to approximately a ten percent(10%) salary reduction. a d Employees not participating in the reduced work week due to health and/or safety m reasons, as determined by the City Manager, will participate by reducing their N compensation by four (4) hours per week and, in return, will accrue four (4) hours of concession leave time per week to be used at their discretion in the same manner as 0 vacation leave. The concession hours will have no expiration date and will have no cash o value. C 0 N c The City agrees to restore the ten percent (10%) employee concession and full work x periods if sales tax, utility tax, and property tax totals restore to the FY 07/08 levels or if w the City of San Bernardino receives a Federal or State bailout or other windfall that can N be applied to the General Fund with no limitations equal to or greater than the amount of savings achieved through the employee concessions." c B. ARTICLE III. COMPENSATION. SECTION 5, PERS, SUBSECTION (D) h "D. Effective July 1, 2012, until a successor MOU/Side Letter is adopted by the v Mayor and Common Council, 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. c 6413, Section 11." x w C. ARTICLE III, COMPENSATION. SECTION 6. OVERTIME. SUBSECTION (A) E ADMINISTRATIVE LEAVE "Unit employees will receive forty(40)hours of Administrative Leave on July I"of each year this MOU is in effect. Unused Administrative Leave may not be carried forward from year to year and shall not be paid for at any time. Employees receiving d Administrative Leave shall not earn any additional time off or other compensation for w overtime work, except as described below. v a � PacketPg. 1602 7.O.c Effective July 1, 2012, until a successor MOU/Side Letter is adopted by the Mayor and Common Council, Administrative Leave shall be increased to sixty (60) hours per fiscal E d year." � c D. ARTICLE III.COMPENSATION. SECTION 6, OVERTIME SUBSECTION (J) m "J. Effective July 1, 2012, until a successor MOU/Side Letter is adopted by the a Mayor and Common Council, non-FLSA exempt 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, o holiday, compensatory time, and concession leave hours will not apply towards hours worked in the work week." a v o! E. ARTICLE III,COMPENSATION. SECTION 11 MERIT INCREASES "Effective July 1, 2012, until a successor MOU/Side Letter is adopted by the Mayor and 0 Common Council, all Middle Management Unit employees shall forego step increases." 2 d J F. ARTICLE VII. GENERAL PROVISIONS. SECTION 4 TERM OF MEMORANDUM v OF UNDERSTANDING "The term of this MOU shall extend until a successor MOU/Side Letter is adopted by the p Mayor and Common Council. If negotiations regarding an MOU are in progress at the time the current MOU expires, or if the parties are at impasse, the current MOU shall ° c remain in effect until a successor MOU is adopted by the Mayor and Common Council." 2 c m X DATE: W N FOR THE CITY: REPRESENTATIVES OF: MIDDLE MANAGEMENT UNIT EMPLOYEES `o A d Andrea Travis-Miller, Acting City Manager San Bernardino Public Employees' N City of San Bernardino Association(SBPEA) o N X W E rn Director of Human Resources City of San Bernardino J d V Vl L E s u A a 2 Packet Pg1603 EXHIBIT C zo.d AMENDMENT TO RESOLUTION NO.2010-276 BETWEEN THE CITY OF SAN BERNARDINO AND THE MANAGEMENT/CONFIDENTIAL UNIT rn m c The following sets forth an amendment to Resolution No. 2010-276 for full-time, non-safety v Management/Confidential employees by adding the following language to the referenced sections, and subsections: A. SECTION 2.B(3).COMPENSATION "Effective July 1, 2012, until a successor Resolution is adopted by the Mayor and t� Common Council, all Management/Confidential employees will forego merit increases." o B. SECTION 2. B(8), COMPENSATION. SUBSECTIONS (A) (B) AND (C) 0 "A) ALL MEMBERS Effective July 1, 2012, until a successor Resolution is adopted by the Mayor and v Common Council, all members of the Management/Confidential Unit, excluding those due to health or safety concerns as determined by the City Manager, will continue to participate in a 9/36 work week or other scheduled as determined by the Department Head. The reduced work week will equate to approximately a ten percent (10%) pay reduction. a Ul Members who are not able to work a reduced work week, due to health or safety concerns 'o as determined by the City Manager, will need to meet the ten percent (10% reduction in o another manner. 0 Employees not participating in the reduced work week due to the health and/or safety reasons, as determined by the City Manager, will need to meet the ten percent (10%) w reduction in another manner. In return, these employees will be provided with four (4) hours of leave time per week to be used at their discretion in the same manner as vacation rn leave. These hours will have neither an expiration date nor cash value. B) ALL CITY ATTORNEY'S OFFICE STAFF Effective July 1, 2012, until a successor Resolution is adopted by the Mayor and • Common Council, all City Attorney's Office staff agree to continue to take a ten percent (10%) reduction in pay based on the currently approved monthly salary. Staff will not participate in the reduced work week. K w The salary reduction will be administered each payroll period and reflected on the n members' semi-monthly payroll checks. In return, these employees will be provided with o four (4) hours of leave time per week to be used at their discretion, subject to the U approval of the City Attorney, in the same manner as vacation leave. These hours will E have neither an expiration date nor cash value. J C) ALL MEMBERS v The City and SBCMA agree that if the economy were to improve prior to a successor Resolution being adopted by Mayor and Common Council, the following "trigger" d language would be followed: E a � ' Packet Pg. 7604 .O.d E `The City agrees to restore the ten percent (10%) employee concession if sales tax,utility rn 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 v the employee concessions." ° m v DATE: FOR THE CITY: REPRESENTATIVES OF: o MANAGEMENT/CONFIDENTIAL EMPLOYEES o N d 9 C Andrea Travis-Miller, Acting City Manager San Bernardino Confidential City of San Bernardino Management Association(SBCMA) x v J d V N Director of Human Resources : City of San Bernardino 0 0 /`\ c .N C d x W N T C O N d N O N k W a w c 0 U E a f J d 9 N c d © L Q 2 Fg:1805