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HomeMy WebLinkAbout13- Human Resources CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Linn Livingston, Director Subject: RESOLUTION of Human Resources AUTHORIZING A SIDE LETTER AGREEMENT WITH POLICE SAFETY Dept: Human Resources EMPLOYEES. Date: August 9, 2010 M/CC Meeting Date: August 16, 2010 Synopsis of Previous Council Action: On March 9, 2009, Mayor and Common Council approved the Side Letter Amendment/Agreement to Resolution 2006-291 with Police Safety Employees. On August 21, 2006, Mayor and Common Council approved Resolution No. 2006-291, Implementing Memorandum of Understanding between the City of San Bernardino and Employees in the Police Safety Employees' Bargaining Unit Represented by San Bernardino Police Officers' Association (SBPOA). Recommended Motion: Adopt Resolution. Signatu Contact person: Linn Livingston Phone: x5161 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: FY 2010/11- $2,738,500 FY 2011/2012 - $2,738,500 Source: (Acct. No.) Various (Acct. Description) Finance: Council Notes: sd .2DY D — a-76 Agenda Item No. 1 �J CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: 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 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 I —Working Schedules, Subsection(F). Background: As a result of the City's financial status, the Human Resources Department met and conferred with the Police Safety employees. hr an effort to assist the City, the bargaining unit agreed to employee concessions equaling approximately a ten percent (10%) reduction in salary, implementation of a second tier retirement formula(3% at 55)for new employees and negotiated the Charter Section 186 formula to result in no financial impact for 2010 and 2011. It is recommended that the following actions be approved: Members of the Police Safety Unit will achieve the 10% reduction by giving up their annual uniform allowance for 2011 and 2012 and reducing the employer contribution for health care plans by $400 per month per employee effective August 1, 2010, and continuing through June 30, 2012. Additionally, employees will not be able to sell back vacation and sick hours until July 1, 2012. Effective August 1, 2010, the recruitment incentives in Sections A & B of Article III, Compensation, Section 10, Recruitment Incentives, will be suspended. 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 lay off employees or to exercise other management rights during the term of the Memorandum of Understanding. In return for the employee concessions, it is recommended that the following actions be adopted: ➢ Extend the current Memorandum of Understanding (MOLT) for Police Safety employees through December 31,2012. ➢ Effective August 1, 2010, and continuing through June 30, 2012, employees will accrue two(2)hours of leave time per week. The hours may be scheduled in the same manner as vacation or holiday and will have no expiration date or cash value. The employee concessions are necessary during these very difficult economic times. The City and the Police Safety employees 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 concessions in Sections C —G in the attached Side Letter/Agreement to Resolution 2006-291 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. Financial Impact: This will result in approximately $2,738,500 FY 2010/11 and $2,738,500 FY 2011/12 for an estimated total savings of$5,477,000 over twenty-three month period. Recommendation: Adopt Resolution. 1 Resolution No. �� \ _D ( 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AMENDING RESOLUTION NO. 2006-291, ARTICLE III COMPENSATION: SECTION 1, SALARIES; ARTICLE III — COMPENSATION 4 SECTION 2, PERS/RETIREMENT PLAN, SUBSECTION (C); ARTICLE III COMPENSATION: SECTION 10, RECRUITMENT INCENTIVES, SUBSECTIONS (A 5 & (B); ARTICLE IV - FRINGE BENEFITS: SECTION 1 - HEALTH/LIFE INSURANC — ACTIVE EMPLOYEES, SUBSECTION (A); ARTICLE IV — FRINGE BENEFITS 6 SECTION 3 - RAIN GEAR/UTILITY UNIFORMS/UNIFORM ALLOWANCES SUBSECTION (C); ARTICLE V- LEAVES: SECTION 1 —VACATIONS, SUBSECTION 7 (H); ARTICLE V — LEAVES: SECTION 4 - PAYMENT FOR UNUSED SICK LEAVE SUBSECTION (E); ARTICLE V — LEAVES: SECTION 9 — BUDGET CONCESSION e LEAVE; ARTICLE VU - GENERAL PROVISIONS: SECTION 4 - TERM O 9 MEMORANDUM OF UNDERSTANDING; AND ADDING ARTICLE VI — WORKING CONDITIONS: SECTION 1 — WORK SCHEDULES, SUBSECTION (F), FOR FULL 10 TIME, POLICE SAFETY EMPLOYEES. 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 12 SECTION 1: The City Manager of the City of San Bernardino and the Director of Human 13 Resources are hereby authorized and directed to execute on behalf of said City a Side Letter t 19 Resolution No. 2006-291 amending Article III —Compensation: Section 1, Salaries; Article III 15 Compensation: Section 2, PERS/Retirement Plan, Subsection (C); Article III — Compensation 16 Section 10, Recruitment Incentives, Subsections (A) & (B); Article fV - Fringe Benefits: Sectio 17 1 - Health/Life Insurance — Active Employees, Subsection (A); Article IV — Fringe Benefits 18 Section 3 - Rain Gear/Utility Uniforms/Uniform Allowances, Subsection (C); Article V 19 Leaves: Section 1 — Vacations, Subsection (H); Article V — Leaves: Section 4 - Payment fo 20 Unused Sick Leave, Subsection (E); Article V — Leaves: Section 9— Budget Concessions Leave 21 and Article VII - General Provisions: Section 4 - Term Of Memorandum Of Understanding; 22 copy of which is attached hereto and incorporated herein marked as Exhibit A. 23 24 25 A� g- 1 (D -1- 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S ® BERNARDINO AMENDING RESOLUTION NO. 2006-291, ARTICLE IH 2 COMPENSATION: SECTION 1, SALARIES; ARTICLE III — COMPENSATION 3 SECTION 2, PERS/RETIREMENT PLAN, SUBSECTION (C); ARTICLE HI COMPENSATION: SECTION 10, RECRUITMENT INCENTIVES, SUBSECTIONS (A 4 & (B); ARTICLE IV - FRINGE BENEFITS: SECTION 1 - HEALTH/LIFE INSURANCE — ACTIVE EMPLOYEES, SUBSECTION (A); ARTICLE IV — FRINGE BENEFITS 5 SECTION 3 - RAIN GEAR/UTILITY UNIFORMSIUNIFORM ALLOWANCES SUBSECTION(C); ARTICLE V - LEAVES: SECTION 1 —VACATIONS, SIJBSECTIOis 6 (H); ARTICLE V — LEAVES: SECTION 4 - PAYMENT FOR UNUSED SICK LEAVE SUBSECTION (E); ARTICLE V — LEAVES: SECTION 9 — BUDGET CONCESSION 7 LEAVE; ARTICLE VII - GENERAL PROVISIONS: SECTION 4 - TERM O MEMORANDUM OF UNDERSTANDING; AND ADDING ARTICLE VI — WORKIN a CONDITIONS: SECTION 1 — WORK SCHEDULES, SUBSECTION (F), FOR FULL 9 TIME, POLICE SAFETY EMPLOYEES. 10 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 11 the Common Council of the City of San Bernardino at a meeting thereof, hel 12 on day of 2010, by the following vote, to wit: © 13 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT 19 MARQUEZ 1s DESJARDINS BRINKER 16 SHORETT 17 KELLEY le JOHNSON 19 MCCAMMACK 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day o 22 2010. 23 24 Patrick J. Moms, Mayor Approved as to form: City of San Bernardino 25 JAMES F. PEN N, City Attome By: -2- i 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 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 I. 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 I. 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 GEAR/UTILITY UNIFORMS/UNIFORM ALLOWANCES. SUBSECTION(C) "For the temporary period of benefit years 2011 and 2012, employees will forego their annual uniform allowance." 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(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 lay off 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 of these amendments shall control. Exhibit A DATE: ATTEST: City Clerk FOR THE CITY: REPRESENTATIVES OF: POLICE SAFETY EMPLOYEES CHARLES MCNEELY, City Manager San Bernardino Police Officers Association 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