HomeMy WebLinkAbout2014-158 1 RESOLUTION NO. 2014-158
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO CONTINUE TO
3 SUSPEND, AND/OR NEGOTIATE WITH EMPLOYEES, PAYOUTS FOR ALL
4 EMPLOYEES' ACCRUAL LEAVE BANK PAYOFFS, CASH-OUTS, OR SELL-
BACKS.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
6
7 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
8 WHEREAS, on July 18, 2012, the Mayor and Common Council of the City of
9 San Bernardino declared a fiscal emergency; and
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WHEREAS, on August 1, 2012, the City filed an emergency voluntary petition
11 for Chapter 9 Bankruptcy with the United Stated Bankruptcy court for the Central
12 District of California, Riverside Division; and
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14 WHEREAS, on August 8, 2012, the Mayor and Common Council adopted
15 Resolution No. 2012-214 authorizing the City Manager to suspend and/or negotiate
16 with employees, accrual leave bank payoffs; and
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18 WHEREAS, the Mayor and Common Council desire to continue such
authorization with some exceptions as set forth below.
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20 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
21 CITY OF SAN BERNARDINO AS FOLLOWS:
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23 SECTION 1: Suspension and/or Negotiation of Employee Payouts. The
24 City Manager is hereby authorized to continue to suspend, and/or negotiate with
25 employees, payouts, cash-outs and/or sell-backs of all accrued leave banks,
26 including, without limitation, vacation, holiday, sick, and compensatory leave.
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2014-158
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO CONTINUE TO
2 SUSPEND, AND/OR NEGOTIATE WITH EMPLOYEES, PAYOUTS FOR ALL
EMPLOYEES' ACCRUAL LEAVE BANK PAYOFFS, CASH-OUTS, OR SELL-
3 BACKS.
4
5 SECTION 2: Payment of Post-Petition Accrued Vacation for Employees
6 Separating from Service. Employees separating from City employment on or after
7 August 1, 2012, shall be entitled to cash-out any vacation leave accruing on or after
8 August 1, 2012 (Post-Petition Accrued Vacation leave) that has not been used prior
9 to separation from the City.
10
SECTION 3: Calculation of Accrued Post-Petition Vacation Leave. Any
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vacation leave used by Employees separating from City service on or after the
12 effective date of this Resolution shall be credited against the employee's accrued
13 post-petition vacation balance earned.
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15 SECTION 4: The Finance Department is hereby authorized and directed to
16 transfer six-hundred thousand dollars ($600,000) from various funds and department
17 Salaries perm/fulltime expenditure line items (Object #5011) to Vacation Pay
18 expenditures (Object 5018) as required for authorized payouts per this resolution.
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2014-158
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO SUSPEND, AND/OR
2 NEGOTIATE WITH EMPLOYEES, PAYOUTS FOR ALL EMPLOYEES' ACCRUAL
LEAVE BANK PAYOFFS, CASH-OUTS, OR SELL-BACKS.
3
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a joint regular
6 meeting thereof, held on the 16th day of June , 2014, by the following vote,
7 to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
11 BARRIOS x
12
VALDIVIA x
13
14 SHORETT x
15 NICKEL x
16 JOHNSON X
17 MULVIHILL x
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19 /� Q �
20 Geor ann Hanna, ity Clerk
21 The foregoing resolution is hereby approved this /Q day of June
2014.
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23 .
24 R. Carey Da s, Mayor
City of San Bernardino
25 Approved as to form:
26 Gary D. Saenz, City Attorney
27 B : r iL 0. 1 -
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