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RESOLUTION (ID # 4197) DOC ID: 4197
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Allen Parker M/CC Meeting Date: 12/07/2015
Prepared by: Nita McKay,
Dept: City Manager Ward(s): N/A
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
a Side Letter Agreement Between the City of San Bernardino and the San Bernardino
Police Officers' Association (SBPOA) and a Side Letter Agreement Between the City of
San Bernardino and the General Unit Employees Represented by the International
Union of Operating Engineers (IUOE) Amending the Terms and Conditions of
Employment. (#4197)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact, as there is no cash value for the pre-petition leave
balances.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
August 3, 2015 - Resolution No. 2015-173 - Memorandum of Understanding between
the City of San Bernardino and the San Bernardino Police Officers' Association
(SBPOA) approved by the Mayor and Common Council.
October 5, 2015 - Resolution No. 2015-217 - Side Letter Agreement between the City of
San Bernardino and the General Unit Employees approved by the Mayor and Common
Council.
Background:
After the San Bernardino Police Officers' Association's (SBPOA's) Memorandum of
Understanding and the Side Letter Agreement with the General Unit Employees were
approved by the Mayor and Common Council, new terms and conditions concerning the
treatment of all employees' pre-petition leave balances were formalized with the City's
other bargaining groups.
The attached resolution approving the Side Letter Agreements with the SBPOA and the
General Unit Employees brings these two agreements in line with the other bargaining
groups which have been approved by the Mayor and Common Council.
City Attorney Review:
low) Supporting Documents:
Updated: 12/3/2015 by Linda Sutherland Packet Pg. 611
4197
Resolution - SBPOA and General Unit Employees Side Letters - 12-07-15 (DOC)
Side Letter Agreement - Police Officers Association - Leave Balances - 12-07-15 (PDF)
Side Letter Agreement between the City of San Bernardino (PDF)
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Updated: 12/3/2015 by Linda Sutherland Packet Pg. 6 22
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RESOLUTION NO. L
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF p
SAN BERNARDINO APPROVING A SIDE LETTER AGREEMENT BETWEEN THE °;
3 CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE OFFICERS' o
4 ASSOCIATION (SBPOA) AND A SIDE LETTER AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND THE GENERAL UNIT EMPLOYEES 3
5 REPRESENTED BY THE INTERNATIONAL UNION OF OPERATING
ENGINEERS (IUOE) AMENDING THE TERMS AND CONDITIONS' OF
6 EMPLOYMENT.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a
8 CITY OF SAN BERNADINO AS FOLLOWS:
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9 SECTION 1.The City Manager and the Deputy City Manager of the City of San a
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10 Bernardino are hereby authorized and directed to execute on behalf of said City a Side Letter
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Agreement to Resolution No. 2015-173 with the SBPOA detailed in Exhibit A to this
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14 SECTION 2.The City Manager and the Deputy City Manager of the City of San r
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15 Bernardino are hereby authorized and directed to execute on behalf of said City a Side Letter
16 Agreement to Resolution No. 2015-217 with the General Unit Employees detailed in Exhibit
17 2
B to this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 0.
SAN BERNARDINO APPROVING A SIDE LETTER AGREEMENT BETWEEN THE
2 CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE OFFICERS' p
ASSOCIATION (SBPOA) AND A SIDE LETTER AGREEMENT BETWEEN THE
3 CITY OF SAN BERNARDINO AND THE GENERAL UNIT EMPLOYEES 'o
4 REPRESENTED BY THE INTERNATIONAL UNION OF OPERATING
ENGINEERS (IUOE) AMENDING THE TERMS AND CONDITIONS OF 3
5 EMPLOYMENT.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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7 and Common Council of the City of San Bernardino at a meeting d
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thereof,held on the day of , 2015,by the following vote, to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT ti
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11 MARQUEZ a'
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12 BARRIOS
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VALDIVIA
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SHORETT
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16 NICKEL N
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17 JOHNSON o
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18 MULVIHILL w
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21 Georgeann Hanna, City Clerk
22 The foregoing Resolution is hereby approved this day of , 2015. a
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25 R. Carey Davis, Mayor o
City of San Bernardino
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Approved as to form: c
27 Gary D. Saenz, City Attorney E
28 By: a
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Packet Pg.614
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Exhibit A
Side Letter Agreement between the City of San Bernardino ("City") and the San
Bernardino Police Officers' Association (SBPOA) Police Safety Employees
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amending the terms and conditions of employment.
The following sets forth the Amendment to Resolution 2015-173 for full-time, Police
Safety Employees — Leaves — Pre-Petition Leave Balances. The remainder of the
resolution remains in effect with the following change. d
ARTICLE V— LEAVES Q
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NEW SECTION — Pre-Petition Leave Balances
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This section affects those SBPOA Police Safety Employees employed by the City
on the approval date of this Side Letter Agreement who had existing leave
accruals for vacation leave, sick leave and holiday leave on August 1, 2012.
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All vacation leave balances, sick leave balances and holiday leave balances that o
all employees in this bargaining group had accrued as of August 1, 2012 ("pre-
petition leave") will be separated from post August 1, 2012 leave accruals ("post-
petition leave") in each of these leave categories. U
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Pre-petition leave balances, including vacation leave, sick leave and holiday m
leave, may be utilized by employees in this bargaining group. However,
employees are required to utilize all post-petition leave accruals in each category �
before they utilize any pre-petition leave accruals in the same leave category.
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Upon separation from employment with the City, employees will receive payment
for any post-petition leave balances according to the terms and conditions
outlined in their existing Memorandums of Understanding/Side Letter a
Agreements and the final paragraph of this section.
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Upon separation from employment with the City, employees will not receive o
payment for any pre-petition leave balances. The monetary value of all pre-
petition leave bank accruals will be placed in the unsecured creditors' pool and c
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be the subject of distribution as part of the bankruptcy unsecured creditors' pool. w
Upon final approval of the City's Plan of Adjustment by the Bankruptcy Court, any Q
remaining pre-petition leave balances, although available for use by current
employees, will have no cash value to current employees upon separation from
employment with the City.
Upon separation from employment with the City, with the exception of post-
petition vacation accruals, all post-petition leave accruals will be deferred
pending the final approval and effective date of a Plan of Adjustment by the U)
Bankruptcy Court.
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Packet Pg. 615
5.V.c
Exhibit B
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Side Letter Agreement between the City of San Bernardino ("City") and the
General Unit Employees represented by the International Union of Operating o
Engineers (IUOE) amending the terms and conditions of employment.
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The following sets forth the Amendment to Side Letter Resolution 2015-217 for full-time, a
non-safety, General Unit employees, Article V - Leaves - Pre-Petition Leave Balances.
The remainder of the resolution remains in effect with the following change.
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ARTICLE V- LEAVES U
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NEW SECTION - Pre-Petition Leave Balances
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This section affects those General Unit employees employed by the City on the
approval date of this Side Letter Agreement who had existing leave accruals for E
vacation leave, sick leave and holiday leave on August 1, 2012.
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All vacation leave balances, sick leave balances and holiday leave balances that (D
all employees in this bargaining group had accrued as of August 1, 2012 ("pre-
petition leave") will be separated from post August 1, 2012 leave accruals ("post-
petition leave") in each of these leave categories.
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Pre-petition leave balances, including vacation leave, sick leave and holiday a)
leave, may be utilized by employees in this bargaining group. However, y
employees are required to utilize all post-petition leave accruals in each category °c
before they utilize any pre-petition leave accruals in the same leave category. a
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Upon separation from employment with the City, employees will receive payment m
for any post-petition leave balances according to the terms and conditions
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outlined in their existing Memorandums of Understanding/Side Letter
Agreements and the final paragraph of this section. r
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Upon separation from employment with the City, employees will not receive
payment for any pre-petition leave balances. The monetary value of all pre- C
petition leave bank accruals will be placed in the unsecured creditors' pool and
be the subject of distribution as part of the bankruptcy unsecured creditors' pool. iv
Upon final approval of the City's Plan of Adjustment by the Bankruptcy Court, any
remaining pre-petition leave balances, although available for use by current E
employees, will have no cash value to current employees upon separation from Q
employment with the City. a
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Upon separation from employment with the City, with the exception of post-
petition vacation accruals, all post-petition leave accruals will be deferred -'
pending the final approval and effective date of a Plan of Adjustment by the
Bankruptcy Court. ;
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Packet Pg. 616