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ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: LINN LIVINGSTON, Subject: RESOLUTION OF THE CITY
DIRECTOR OF HUMAN OF SAN BERNARDINO APPROVING
RESOURCES A MEMORANDUM OF
UNDERSTANDING BETWEEN THE
Date: October 11, 2010 CITY OF SAN BERNARDINO AND
THE SAN BERNARDINO POLICE
MANAGEMENT ASSOCIATION
REGARDING BUDGET
CONCESSIONS.
M/CC Meeting Date: Oct. 18, 2010
Synopsis of Previous Council Action:
On April 6, 2009, the Mayor and Common Council approved Resolution No. 2009-70,
which approved a Memorandum of Understanding between the City of San Bernardino
and the San Bernardino Police Management Association regarding budget concessions.
Recommended Motion:
Adopt Resolution.
Signature
Contact person: Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount: Savings of $423,400 over 27 months.
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: cso
Agenda Item No.
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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subiect•
Resolution of the City of San Bernardino approving a Memorandum of Understanding between
the City of San Bernardino and the San Bernardino Police Management Association Regarding
Budget Concessions.
Back$tround:
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 (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, reducing the employer contribution for health care
plans by $886 per month for Captains and $794 per month for Lieutenants effective October
1, 2010 and continuing through December 31, 2012, and reducing annual vacation and
holiday accruals. Additionally, employees will not be able to sell back vacation, holiday and
sick hours until July 1, 2012.
In return for the employee concessions, it is recommended that the following actions be
adopted:
➢ Effective October 1, 2010 and continuing through June 30, 2012 each employee will
accrue two (2) hours of leave time per week. The hours should be scheduled in the same
manner as vacation or holiday and will have no expiration date or cash value.
➢ 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 December 31, 2012, the following"trigger" language would be followed:
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.
Financial Impact:
This will result in approximately $412,400 in savings over 27 months.
Recommendation:
Adopt Resolution.
I RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND THE SAN BERNARDINO POLICE MANAGEMENT
4 ASSOCIATION REGARDING BUDGET CONCESSIONS.
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 Memorandum of
9 Understanding with the San Bernardino Police Management Association regarding budget
10 concessions,a copy of which is attached hereto and incorporated herein marked as Exhibit A.
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1
I 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.
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
6 on the day of ,2010,by the following vote,to wit:
7 Council Members Ayes Nays Abstain Absent
8
MARQUEZ
9
10 DESJARDINS
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15 McCAMMACK
16
17
18 City Clerk
19 The foregoing resolution is hereby approved this day of 12010.
20
21 Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to form
JAMES F. PENMAN
24 City orney Q
25 By.
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Exhibit A
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:
1. Budget Concessions:
a. Police Management employees will forego their March 2011 and March
2012 annual uniform allowance.
b. Effective October 1, 2010, and continuing through December 31, 2012,
the City's monthly contribution towards health care benefits will be
reduced by$886 for Captains and$794 for Lieutenants.
C. All newly hired Police Management employees hired on or after January
1, 2011 will be in the 3% @ 55 retirement formula, as provided by
Government Code Section 31664.2.
d. Effective for the August 1, 2010 and August 1, 2011 Charter section 186
salary surveys, the City and the SBPMA agree to negotiate the 186
formula to result in no financial impact to both sides.
e. Effective October 1, 2010, and continuing through June 30, 2012, 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). Additionally, employees will
not be able to sell back vacation, holiday and sick hours until July 1, 2012.
1
Exhibit A
2. Budget Concessions Leave:
In return for assisting the City during a severe budget deficit, effective October 1,
2010, and continuing through June 30, 2012, all Police Management employees
shall accrue four (2) 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.
3. Leave Balance Payouts:
Effective October 1, 2010, and continuing through December 31, 2012, upon
retirement, any applicable leave balance payout shall be in the form of a lump
sum.
4. 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.
6. Term of Memorandum of Understanding:
This Memorandum of Understanding will remain in effect through December 31,
2012.
Date:
Charles McNeely, City Manager San Bernardino Police Management
Association (SBPMA)
Linn Livingston, Director of
Human Resources
ATTEST:
Rachel Clark, City Clerk
Approved as to Form:
James F. Penman
City Attorney
2
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:
1. Budget Concessions:
F
a. Police Management employees will forego their March 2011 and March
2012 annual uniform allowance.
b. Effective October 1, 2010, and continuing through December 31, 2012,
the City's monthly contribution towards health care benefits will be
reduced by$886 for Captains and $794 for Lieutenants.
C. All newly hired Police Management employees hired on or after January
1, 2011 will be in the 3% @ 55 retirement formula, as provided by
Government Code Section 31664.2.
d. Effective for the August 1, 2010 and August 1, 2011 Charter section 186
salary surveys, the City and the SBPMA agree to negotiate the 186
formula to result in no financial impact to both sides.
e. Effective October 1, 2010, and continuing through June 30, 2012, 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). Additionally, employees will
not be able to sell back vacation,holiday and sick hours until July 1, 2012.
1
2. Budget Concessions Leave:
In return for assisting the City during a severe budget deficit, effective October 1,
2010, and continuing through June 30, 2012, all Police Management employees
shall accrue four(2) 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.
3. Leave Balance Payouts:
Effective October 1, 2010, and continuing through December 31, 2012, upon
retirement, any applicable leave balance payout shall be in the form of a lump
sum.
4. 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.
6. Term of Memorandum of Understanding:
! This Memorandum of Understanding will remain in effect through December 31,
2012.
Date:
Charles McNeely, City Manager San Bernardino Police Management
Association (SBPMA)
Linn Livingston, Director of
Human Resources
ATTEST:
Rachel Clark, City Clerk
Ap oved as to Form:
es F. Penman
ity Attorney
2