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HomeMy WebLinkAbout19-Human Resources CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL A� 1 � I IN A L From: Linn Livingston Subject: AMENDMENTS TO SIDE(( Director of Human LETTER AGREEMENTS WITH GENERAL Resources AND MID-MANAGEMENT EMPLOYEES BARGAINING UNITS; AND AMENDMENT Dept: Human Resources TO RESOLUTION #2007-345 AUTHORIZING AGREEMENT WITH Date: December 13, 2007 MANAGEMENT/CONFIDENTIAL EMPLOYEES. M/CC Meeting Date: Dec. 17, 2007 Synopsis of Previous Council Action: On November 5, 2007, the Mayor and Common Council received the final Classification and Compensation study with language to provide employees a reconsideration process. On August 20, 2007, the Mayor and Common Council adopted Resolution No. 2007-345, a Resolution of the City of San Bernardino establishing a Management and Confidential Employee Compensation and Benefits Plan. On August 20, 2007, the Mayor and Common Council adopted Resolution No. 2007-346, a Resolution of the City of San Bernardino implementing a Side Letter Agreement between the City of San Bernardino and employees in the Middle-Management Bargaining Unit. On April 20, 2005, the Mayor and Common Council adopted Resolution No. 2005-90, a Resolution of the City of San Bernardino implementing a Side Letter Agreement between the City of San Bernardino and employees in the General Unit. Recommended Motion: Adopt resolutions. Si nature Contact person: Linn Livingston Phone: 384-5161 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: None with this action. Source: (Acct. No.) (Acct. Description) Finance: Council Notes: ��sD ZOU�- .[�l'!9� X80 Olt/ 7 Agenda Item No. / q �41WW4 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolutions of the City of San Bernardino; A) Amending the Resolution No. 2007-345, Resolution of the City of San Bernardino and employees in the Management/Confidential Group of the City of San Bernardino represented by the SBCMA Amending Section 2.B.2 Compensation; B) Amending a Side Letter Agreement, Resolution No. 2007-346,between the City of San Bernardino and employees in the Middle-Management Bargaining Unit of the City of San Bernardino represented by the SBPEA amending Article I1I, Compensation, Section 1, Wages; C) Amending a Side Letter Agreement, Resolution No. 2005-90,between the City of San Bernardino and employees in the General Bargaining Unit of the City of San Bernardino represented by the SBPEA amending Article 1I1, Compensation, Section 1, Salaries. Background: Upon completion and approval of the final Classification and Compensation report by the Mayor and Common Council, the Human Resources Director met and conferred with members from the Confidential/Management, Middle Management, and General units to discuss revised implementation procedures of the Classification and Compensation study and to establish a compensation reconsideration process. The revised implementation procedures established a retroactive implementation date of September 16, 2007, and included moving all non-safety employees to a step in the new salary range that provided a minimum of a 5% increase. The only exceptions were employees whose new salary range would not allow for a 5% increase. Those employees were placed on the top step of the approved salary range. The City also agreed to allow employees to retain their normal anniversary dates and receive step increases if eligible in future years. The second part of the process required the City and bargaining groups to negotiate guidelines to provide a mechanism for employees to request a salary reconsideration. The following information outlines the process that has been negotiated with all units: • Employees will have an opportunity to submit a written request to his/her department head, on or before January 31, 2008, to request compensation reconsideration. The department head will respond to each employee request and forward the information to the Human Resources Department. • The Human Resources Department will review the information and provide a written recommendation to each employee. If the Human Resources Department does not resolve the request, employees may file a written appeal to the City Manager. • The City Manager will review all information and respond to each employee in writing. The decision made by the City Manager will be considered final and binding. This process provides all non-safety employees an opportunity to communicate their concerns and receive written notification of the final determination. Financial Impact: There is no financial impact at this time to implement these side letters. Recommendation: Adopt Resolutions. 1 Resolution No. c(opy 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING ARTICL III, COMPENSATION, SECTION 1, SALARIES, OF THE SIDE LETTER BETWEEN 4 THE CITY AND GENERAL UNIT EMPLOYEES BARGAINING UNIT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT 6 OF SAN BERNARDINO AS FOLLOWS: 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 an amendment t 9 Side Letter Agreement, authorized by Resolution No. 2005-90, amending Article III, 10 Compensation, Section 1, Salaries, by adding Subsections A and B, a copy of which amendment 11 are attached hereto and incorporated herein marked as Exhibit A. 12 HI 13 14 HI 15 16 HI 17 18 19 20 21 22 23 24 25 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING ARTICLE III, COMPENSATION, SECTION 1, SALARIES, OF THE SIDE LETTER BETWEEN 2 THE CITY AND GENERAL UNIT EMPLOYEES BARGAINING UNIT. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 4 meeting thereof, hel the Common Council of the City of San Bernardino at a g 5 on day of , 2007, by the following vote, to wit: 6 7 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT 6 ESTRADA 9 BAXTER 10 BRINKER DERRY 11 KELLEY 12 JOHNSON - 13 MCCAMMACK --- 14 15 Rachel G. Clark, City Clerk 16 17 The foregoing resolution is hereby approved this day o 18 12007. 19 Patrick J. Morris, Mayor 20 City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 By: 25 HR/Agenda Items:Reso.Side.Ltr.General.U.Class.Study.12-2007 -2- SIDE LETTER AMENDMENT/AGREEMENT TO RESOLUTION 2005-90 GENERAL UNIT CLASSIFICATION STUDY The following sets forth the Amendment to Side Letter, Resolution No. 2005-90, for full-time, regular, General Unit employees. ARTICLE III COMPENSATION, SECTION 1, Salaries A. Salary adjustments recommended by the classification and compensation study shall be effective 9/16/07. Implementation will adjust the employees' current salary range and step to the new ranges set forth in the classification and compensation study reports. The employees' step placement in the proposed salary ranges will be to the lowest step that provides at least a 5% salary increase using a one-percent (1%)per step salary scale. The only exception will be an employee whose new range will not allow a five percent (5%) increase, in which case the employee will be placed at the top step of the new range. All employees will retain their normal annual step increase dates. B. Reconsideration Procedure 1. The City of San Bernardino and the San Bernardino Public Employee's Association agree that employees of the General Unit reserve the right to file a request for a salary reconsideration and resolution on issues brought forth as a result of the classification and compensation study. All reconsiderations must be submitted to the employees' Department Head on or before January 31, 2008. No new reconsideration requests will be accepted or reviewed if received after January 31, 2008. 2. Employees who have a decision pending from Civil Service Board concerning their reconsideration request on the classification portion, and are in disagreement with the salary range proposed, must file with Human Resources no later than January 31, 2008. The paperwork should indicate that they are requesting reconsideration of salary pending receipt of the classification decision from the Civil Service Board. 3. Any member of the General Unit requesting reconsideration to the new ranges set forth in the Classification and Compensation study shall utilize the process set forth below to resolve disputes: Step L• The affected employee(s) should present their request for reconsideration in writing to the Department Head. The Department Head shall respond to the employee with his/her recommendation and forward such recommendation to the Human Resources within ten(10) working days. Step 2: The Human Resources department shall review all reconsiderations received from the Department Head, and respond with a recommendation to each affected employee within fifteen (15) working days. If deemed necessary the Human Resources Department, upon mutual agreement between the City and employee(s) or their representative, will contact RSG on clarification for compensation issues presented. Final Step: If the request for reconsideration is not resolved at Step two of the process, the affected employee may file a written appeal to the City Manager within five (5) working days from the date of delivery of the Human Resource Department's recommendation. The City Manager shall review the appeal and forward a written response to the employee within fifteen (15) working days of receipt of the employee's appeal. The decision from the City Manager is final and binding. DATE: ATTEST: City Clerk FOR THE CITY: REPRESENTATIVES OF. GENERAL UNIT EMPLOYEES FRED WILSON City Manager San Bernardino Public Employees' i SB City of San Bernardino Associat ion ( PEA ) i LINK LIVINGSTON Director of Human Resources D 1 Resolution No. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING ARTICLE III, COMPENSATION, SECTION 1, WAGES, OF THE SIDE LETTER BETWEEN THE 4 CITY AND MIDDLE MANAGEMENT EMPLOYEES BARGAINING UNIT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1: The City Manager of the City of San Bernardino and the Director of Human s Resources are hereby authorized and directed to execute on behalf of said City an amendment to 9 Side Letter Agreement, authorized by Resolution No. 2007-346, amending Article III, to Compensation, Section 1, Wages, by adding Subsections A and B, a copy of which amendment 11 are attached hereto and incorporated herein marked as Exhibit A. 12 13 14 15 16 17 is 19 20 21 22 23 24 25 r7" 0 -1- I 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING ARTICL III, COMPENSATION, SECTION 1, WAGES, OF THE SIDE LETTER BETWEEN THE 2 CITY AND MIDDLE MANAGEMENT EMPLOYEES BARGAINING UNIT. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 4 the Common Council of the City of San Bernardino at a meeting thereof, held 5 on day of , 2007,by the following vote, to wit: 6 7 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT 8 ESTRADA 9 BAXTER 10 BRINKER DERRY 11 KELLEY 12 JOHNSON 13 MCCAMMACK 14 15 Rachel G. Clark, City Clerk 16 17 The foregoing resolution is hereby approved this day of 18 , 2007. 19 Patrick J. Morris,Mayor 20 City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 By: 25 HR/Agenda Items:Reso.Side.Ltr.Mid-Mgmt.Class.Study.12-2007 -2- SIDE LETTER AMENDMENT/AGREEMENT TO RESOLUTION 2007-346 MIDDLE-MANAGEMENT UNIT CLASSIFICATION STUDY The following sets forth the Amendment to Side Letter, Resolution No. 2007-346, for full-time, regular, Middle-Management Unit employees. ARTICLE III, COMPENSATION, SECTION 1, Wages A. Salary adjustments recommended by the classification and compensation study shall be effective 9/16/07. Implementation will adjust the employees' current salary range and step to the new ranges set forth in the classification and compensation study reports. The employees' step placement in the proposed salary ranges will be to the lowest step that provides at least a 5% salary increase using a one-percent(1%)per step salary scale. The only exception will be an employee whose new range will not allow a five percent (5%) increase, in which case the employee will be placed at the top step of the new range. All employees will retain their normal annual step increase dates. B. Reconsideration Procedure 1. The City of San Bernardino and the San Bernardino Public Employee's Association agree that employees of the Middle-Management Unit reserve the right to file a request for a salary reconsideration and resolution on issues brought forth as a result of the classification and compensation study. All reconsiderations must be submitted to the employees' Department Head on or before January 31, 2008. No new reconsideration requests will be accepted or reviewed if received after January 31, 2008. 2. Employees who have a decision pending from Civil Service Board concerning their reconsideration request on the classification portion, and are in disagreement with the salary range proposed, must file with Human Resources no later than January 31, 2008. The paperwork should indicate that they are requesting reconsideration of salary pending receipt of the classification decision from the Civil Service Board. 3. Any member of the Middle-Management Unit requesting reconsideration to the new ranges set forth in the Classification and Compensation study shall utilize the process set forth below to resolve disputes: Step 1: The affected employee (s) should present their request for reconsideration in writing to the Department Head. The Department Head shall respond to the employee with his/her recommendation and forward such recommendation to the Human Resources Department within ten (10) working days. ® Step 2: The Human Resources department shall review all reconsiderations received from the Department Heads and respond with a recommendation to each affected employee within fifteen (15) working days. If deemed necessary the Human Resources Department, upon mutual agreement between the City and employee(s) or their representative, will contact RSG on clarification for compensation issues presented. Final Step: If the request for reconsideration is not resolved at Step 2 of the process, the affected employee may file a written appeal to the City Manager within five (5) working days from the date of delivery of the Human Resource Department's recommendation. The City Manager shall review the appeal and forward a written response to the employee within fifteen (15) working days of receipt the employee's appeal. The decision from the City Manager is final and binding. DATE: ATTEST: City Clerk FOR THE CITY: REPRESENTATIVES OF: MIDDLE-MANAGEMENT UNIT EMPLOYEES FRED WILSON, City Manager San Bernardino Public Employees' City of San Bernardino Association SBPEA LINN LIVINGSTON Director of Human Resources COPY 1 Resolution No. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDIN RESOLUTION NO. 2007-345, SECTION 2.B.2, COMPENSATION, BETWEEN THE 4 CITY AND MANAGEMENT/CONFIDENTIAL EMPLOYEES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1: Resolution 2007-345, Section 2.13.2. is amended as follows: 8 "SECTION 2.B.2 COMPENSATION 9 1. Salary adjustments recommended by the classification and compensation study 10 shall be effective 9/16/07. Implementation will adjust the employees' current salary range and 11 step to the new ranges set forth in the classification and compensation study reports. The 12 employees' step placement in the proposed salary ranges will be to the lowest step that provides 13 at least a 5% salary increase using a one-percent (I%) per step salary scale. The only exception 14 will be an employee whose new range will not allow a five percent(5%) increase, in which case 15 the employee will be placed at the top step of the new range. All employees will retain their 16 normal annual step increase dates. 17 2. Reconsideration Procedure 18 a. The City of San Bernardino and the San Bernardino 19 Confidential/Management Association (SBCMA) agree that employees of the 20 SBCMA reserve the right to file a request for a salary reconsideration and 21 resolution on issues brought forth as a result of the classification and 22 compensation study. All reconsiderations must be submitted to the employees 23 Department Head on or before January 31, 2008. No new reconsideration 24 requests will be accepted or reviewed if received after January 31, 2008. 25 b. Employees who have a decision pending from Civil Service Board 1 concerning their reconsideration request on the classification portion, and are in 2 disagreement with the salary range proposed, must file with Human Resources no 3 later than January 31, 2008. The paperwork should indicate that they are 4 requesting reconsideration of salary pending receipt of the classification decision 5 from the Civil Service Board. 6 c. Any member of the SBCMA Group requesting reconsideration to the new 7 ranges set forth in the Classification and Compensation study shall utilize the s 9 process set forth below to resolve disputes: 10 Step 1: 11 The affected employee(s) should present their request for reconsideration in 12 writing to the Department Head. The Department Head shall respond to the 13 employee with his/her recommendation and forward such recommendation to 14 Human Resources Department within ten (10) working days. 15 Step 2: 16 The Human Resources department shall review all reconsiderations received 17 from the employee (s) Department Head and respond with a recommendation to 18 each employee within fifteen(15) working days. 19 Final Step: 20 If the request for reconsideration is not resolved at Step 2 of the process, the 21 22 affected employee may file a written appeal to the City Manager within five (5) 23 working days from the date of delivery of the Human Resource Department's 24 recommendation. The City Manager shall review the appeal and forward a written 25 response to the employee within fifteen (15)working days of receipt of the employee's appeal. The decision from the City Manager is final and binding." -2- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDIN RESOLUTION NO. 2007-345, SECTION 2.13.2, COMPENSATION, BETWEEN THE 2 CITY AND MANAGEMENT/CONFIDENTIAL EMPLOYEES. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 4 the Common Council of the City of San Bernardino at a meeting thereof, held 5 on day of , 2007,by the following vote, to wit: 6 7 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT s ESTRADA 9 BAXTER 10 BRINKER DERRY 11 KELLEY 12 JOHNSON 13 MCCAMMACK 14 15 Rachel G. Clark, City Clerk 16 17 The foregoing resolution is hereby approved this day of 18 52007. 19 _ Patrick J. Morris, Mayor 20 City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 By: 25 HR/Agenda Items:Reso.Side.Ur.Mgmt-ConECIass.Study.2007 -3-