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RESOLUTION (ID #3273) DOC ID: 3273 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Fiscal Emergency
From: Allen Parker M/CC Meeting Date: 06/16/2014
Prepared by: Helen Tran, (909) 384-5161
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Continue to Suspend, And/Or Negotiate with Employees, Payouts for All
Employees'Accrual Leave Bank Payoffs, Cash-Outs, or Sell-Backs. (#3273)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Not to exceed$600,000 from FY 13/14 Budget
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On August 6, 2012, the Mayor and Common Council authorized the City Manager to suspend,
and/or negotiate with employees, payouts for all employees' accrual leave bank payoffs, cash-
outs, or sell-backs.
Background:
On July 18, 2012, the Mayor and Common Council of the City of San Bernardino declared a
fiscal emergency.
On August 1, 2012, the City filed an emergency voluntary petition for Chapter 9 Bankruptcy
with the United Stated Bankruptcy court for the Central District of California, Riverside
Division.
On August 8, 2012, the Mayor and Common Council adopted Resolution No. 2012-214
authorizing the City Manager to suspend and/or negotiate with employees, accrual leave bank
payoffs.
During the pendency period of bankruptcy, it is recommend that the City continue to authorize
the City Manager to suspend, and/or negotiate with employees, payouts, cash-outs and/or sell-
backs of all accrued leave banks, including, without limitation, vacation, holiday, sick, and
compensatory leave.
Further, in order to resolve outstanding claims for those employees who have separated or retired
since the filing of bankruptcy on August 1, 2012, it is recommended that the City pay these
separated or retired employees post-bankruptcy petition vacation accruals.
City Attorney Review:
Supporting Documents:
Updated: 6/12/2014 by Georgeann"Gigi"Hanna A Packet Pg. 90
3273
reso 3273 (PDF)
Reso.Cash-outs (DOC)
Reso.Cash-outs (DOC)
Updated: 6/12/2014 by Georgeann"Gigi"Hanna A Packet Pg. 91
S.D.a
I RESOLUTION NO.
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.
5
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
6
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7 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 0
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WHEREAS, on July 18, 2012, the Mayor and Common Council of the City of
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9 San Bernardino declared a fiscal emergency; and o
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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 o
16 with employees, accrual leave bank payoffs; and
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17 C.
WHEREAS, the Mayor and Common Council desire to continue such
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authorization with some exceptions as set forth below.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE M
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CITY OF SAN BERNARDINO AS FOLLOWS: N
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23 SECTION 1: Suspension and/or Negotiation of Employee Payouts. The
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24 City Manager is hereby authorized to continue to suspend, and/or negotiate with Q
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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Packet Pg. 92
I 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
5 Separating from Service. Employees separating from City employment on or after c
7 August 1, 2012, shall be entitled to cash-out any vacation leave accruing on or after w
8 August 1, 2012 (Post-Petition Accrued Vacation leave) that has not been used prior w
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9 to separation from the City. o
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SECTION 3: Calculation of Accrued Post-Petition Vacation Leave. Any
11 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 a
13 0
post-petition vacation balance earned.
14 0
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15 SECTION 4: The Finance Department is hereby authorized and directed to 0
16 transfer six-hundred thousand dollars ($600,000) from various funds and department '00
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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Packet Pg. 93
5.D.a
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
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
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meeting thereof, held on the day of 2014, by the following vote, Q
7 to wit: w
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9 Council Members: AYES NAYS ABSTAIN ABSENT °
10 MARQUEZ
11
BARRIOS
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VALDIVIA a
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14 SHORETT
15
NICKEL a
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16 JOHNSON
17 MULVIHILL
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20 Georgeann Hanna, City Clerk
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21 The foregoing resolution is hereby approved this day of N
2014.
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24 R. Carey Davis, Mayor a
City of San Bernardino
25 Approved as to form:
26 Gary D. Saenz, City Attorney
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Packet Pg.94