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Home My WebLink About17-Human Resources CITY OF SAN BERNARDINO — REQUEST FOR COUNCI IrON From: Linn Livingston Subject: AMENDMENTS TO I `°' INA L Director of Human LETTER AGREEMENTS WITH Resources GENERAL AND MID-MANAGEMENT EMPLOYEES BARGAINING UNITS; AND Dept: Human Resources AMENDMENT TO RESOLUTION #2007- 345 AUTHORIZING AGREEMENT WITH Date: May 27, 2008 MANAGEMENT/CONFIDENTIAL EMPLOYEES. M/CC Meeting Date: June 2, 2008 Synopsis of Previous Council Action: On December 17, 2007, the Mayor and Common Council amended side-letter agreements with the General and Middle Management bargaining groups and amended Resolution 2007-345 with the Management/Confidential Group. On November 5, 2007, the Mayor and Common Council received the final Classification and Compensation study with language to provide employees a reconsideration process. Recommended Motion: Adopt resolutions. i s Signature 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: Esp 's Zo6P, - /4,7.) aoo46_16 p 9 2y,_n&— !49 Agenda Item No 6146 ff CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subiect• Resolutions of the City of San Bernardino; A) Amending Resolution No. 2007-345, Section 2, B(2), Compensation,between the City and Management/Confidential Employees and repealing Resolution No. 2007-481; B) Amending Resolution No. 2007-480 Article III, Compensation, Section 1, Wages, Subsection B(2) of the Side Letter between the City and Middle Management Employees Bargaining Unit; C) Amending Resolution No. 2007-479 Article III, Compensation, Section 1, Salaries, Subsection B(2) of the Side Letter between the City and General Unit Employees Bargaining Unit. Backl1round: 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 negotiate guidelines to provide a mechanism for employees to request salary reconsiderations. At that time, any classification reconsiderations were to be heard by the Civil Service Board. Recently, the City Attorney's Office determined that job descriptions must be approved by the Mayor and Common Council, not the Civil Service Board (Charter Section 40(s)). Because Civil Service no longer holds a role in job descriptions/classifications, it became necessary for the Human Resources Director to negotiate a new Classification reconsideration process with all impacted bargaining units. The following recaps the proposed new language to address classification reconsiderations: "All classification reconsiderations submitted to the Civil Service Board, on or before January 31, 2008,will be forwarded to the City Manager upon approval of the revised side-letter agreement by the Mayor and Common Council. The City Manager will have up to 45 working days to provide a written notification of his decision regarding the reconsideration. If the employee(s) is not satisfied with the City Manager's decision, the employee may appeal to the Mayor and Common Council by following the procedures outlined in the City of San Bernardino Municipal Code, Chapter 2.64." 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. F � COPY 1 Resolution No. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDIN RESOLUTION NO. 2007-479 ARTICLE III, COMPENSATION, SECTION 1 4 SALARIES, SUBSECTION B(2), OF THE SIDE LETTER BETWEEN THE CITY AN GENERAL UNIT EMPLOYEES BARGAINING UNIT. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT 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 to 9 Resolution No. 2007-479, amending Article III, Compensation, Section 1, Salaries, Subsection 10 11 13(2), a copy of which amendment is attached hereto and incorporated herein marked as Exhibit 12 A. 13 14 15 16 17 /// 18 19 HI 20 21 22 /// 23 24 25 111 ;r7 p OO o . l '7 �- f � 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDIN RESOLUTION NO. 2007-479 ARTICLE III, COMPENSATION, SECTION 1 2 SALARIES, SUBSECTION B(2), OF THE SIDE LETTER BETWEEN THE CITY AN GENERAL UNIT EMPLOYEES BARGAINING UNIT. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 the Common Council of the City of San Bernardino at a meeting thereof, held 6 on day of , 2008, by the following vote, to wit: 7 8 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 JOHNSON MCCAMMACK 14 15 16 Rachel G. Clark, City Clerk 17 The foregoing resolution is hereby approved this day of 18 2008. 19 20 Patrick J. Morris, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 By: L.'� ��- 25 H genda Items:Reso.Side.Ltr.General.U.Class.Study.6-2-2008 -2- SIDE LETTER AMENDMENT/AGREEMENT TO RESOLUTION 2007-479 GENERAL UNIT CLASSIFICATION STUDY The following sets forth the Amendment to Side Letter, Resolution No. 2007-479, for full-time, regular, General Unit employees. This Side Letter replaces the current language in Article III, Compensation, Section 1, Salaries, Subsection B(2). ARTICLE III COMPENSATION SECTION 1 SALARIES, B. RECONSIDERATION PROCEDURE 2. All classification reconsiderations submitted to the Civil Service Board, on or before January 31, 2008, will be forwarded to the City Manager upon approval of this side letter agreement by the Mayor and Common Council. The City Manager will have up to 45 working days to provide a written notification of his decision regarding the reconsideration. If the employee(s) is not satisfied with the City Manager's decision, the employee may appeal to the Mayor and Common Council by following the procedures outlined in the City of San Bernardino Municipal Code, Chapter 2.64. DATE: ATTEST: City Clerk I FOR THE CITY: REPRESENTATIVES OF: GENERAL UNIT EMPLOYEES FRED WILSON, City Manager San Bernardino Public Employees' City of San Bernardino Association (SBPEA) LINN LIVINGSTON Director of Human Resources i 1 Resolution No. 2 I 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDIN RESOLUTION NO. 2007-480 ARTICLE III, COMPENSATION, SECTION 1, WAGES 4 SUBSECTION B(2), OF THE SIDE LETTER BETWEEN THE CITY AND MIDDLE 5 MANAGEMENT EMPLOYEES BARGAINING UNIT. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT 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 to 9 Resolution No. 2007-480, amending Article III, Compensation, Section 1, Wages, Subsection 10 11 B(2), a copy of which amendment is attached hereto and incorporated herein marked as Exhibit 12 A. 13 14 /// is 16 17 18 /// 19 20 HI 21 22 23 24 25 HI HI -1- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDIN RESOLUTION NO. 2007-480 ARTICLE III, COMPENSATION, SECTION 1, WAGES 2 SUBSECTION B(2), OF THE SIDE LETTER BETWEEN THE CITY AND MIDDLE MANAGEMENT EMPLOYEES BARGAINING UNIT. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 the Common Council of the City of San Bernardino at a meeting thereof, held 6 on day of , 2008,by the following vote, to wit: 7 8 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 JOHNSON MCCAMMACK 14 15 Rachel G. Clark, City Clerk 16 The foregoing resolution is hereby approved this day of 17 , 2008. 18 19 Patrick J. Morris, Mayor City of San Bernardino 20 21 Approved as to form: 22 JAMES F. PENMAN, City Attorney 23 24 By: 25 Agenda Items:Reso.Side.Ltr.Mid-Mgmt.Class.Study.6-2-2008 -2- 1 SIDE LETTER AMENDMENT/AGREEMENT TO RESOLUTION 2007-480 MIDDLE MANAGEMENT UNIT CLASSIFICATION STUDY The following sets forth the Amendment to Side Letter, Resolution No. 2007-480, for full-time, i regular, Middle Management Unit employees. This Side Letter replaces the current language in Article I1I, Compensation, Section 1, Wages, Subsection B(2). ARTICLE III, COMPENSATION, SECTION 1, WAGES, B. RECONSIDERATION PROCEDURE 2. All classification reconsiderations submitted to the Civil Service Board on or before January 31, 2008, will be forwarded to the City Manager upon approval of this side letter agreement by the Mayor and Common Council. The City Manager will have up to 45 working days to provide written notification of his decision regarding the reconsideration. If the employee(s) is not satisfied with the City Manager's decision, the employee may appeal to the Mayor and Common Council by following the procedures outlined in the City of San Bernardino Municipal Code, Chapter 2.64. 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 AND REPEALIN 5 RESOLUTION NO. 2007-481. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT OF SAN BERNARDINO AS FOLLOWS: SECTION 1: Resolution 2007-345, Section 2, B(2) is amended as follows: s "SECTION 2, B(2)COMPENSATION 9 a. 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 13 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 14 15 will be an employee whose new range will not allow a five percent (5%) increase, in which case 16 the employee will be placed at the top step of the new range. All employees will retain their normal annual step increase dates. 17 b. Reconsideration Procedure 18 19 1. The City of San Bernardino and the San Bernardino 20 Confidential/Management Association (SBCMA) agree that employees of the 21 SBCMA reserve the right to file a request for a salary reconsideration and 22 resolution on issues brought forth as a result of the classification and 23 compensation study. All reconsiderations must be submitted to the employees' 24 Department Head on or before January 31, 2008. No new reconsideration 25 requests will be accepted or reviewed if received after January 31, 2008. 2. All classification reconsiderations submitted to Civil Service Board, on or -1- 6 - a -o �, I RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDIN RESOLUTION NO. 2007-345, SECTION 2, B(2), COMPENSATION, BETWEEN THE 2 CITY AND MANAGEMENT/CONFIDENTIAL EMPLOYEES AND REPEALIN 3 RESOLUTION NO. 2007-481. 4 before January 31, 2008, will be forwarded to the City Manager upon approval of 5 the revised side-letter agreement by the Mayor and Common Council. The City 6 Manager will have up to 45 working days to provide a written notification of his 7 decision regarding the reconsideration. 8 If the employee(s) is not satisfied with the City Manager's decision, the employee 9 may appeal to the Mayor and Common Council by following the procedures 10 outlined in the City of San Bernardino Municipal Code, Chapter 2.64. 11 3. Any member of the SBCMA Group requesting reconsideration to the new 12 ranges set forth in the Classification and Compensation study shall utilize the 13 14 process set forth below to resolve disputes: 15 Step 1: 16 The affected employee (s) should present their request for reconsideration in 17 writing to the Department Head. The Department Head shall respond to the 18 employee with his/her recommendation and forward such recommendation to the 19 Human Resources Department within ten(10) working days. 20 Step 2: 21 The Human Resources Department shall review all reconsiderations received 22 from the Department Head, and respond with a recommendation to each affected 23 employee within fifteen (15) working days. 24 Final Step: 25 If the request for reconsideration is not resolved at Step 2 of the process, the -2- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDIN RESOLUTION NO. 2007-345, SECTION 2, B(2), COMPENSATION, BETWEEN THE 2 CITY AND MANAGEMENT/CONFIDENTIAL EMPLOYEES AND REPEALIN 3 RESOLUTION NO. 2007-481. 4 affected employee may file a written appeal to the City Manager within five (5) 5 working days from the date of delivery of the Human Resource Department's 6 recommendation. The City Manager shall review the appeal and forward a written 7 response to the employee within fifteen (15) working days of receipt of the 8 employee's appeal. The decision from the City Manager is final and binding." 9 SECTION 2: Resolution No. 2007-481 is repealed in its entirety. to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -3- 1 RESOLUTION OF THE CITY OF ' SAN BERNARDINO AMENDIN RESOLUTION NO. 2007-345, SECTION 2, B(2), COMPENSATION, BETWEEN THE 2 CITY AND MANAGEMENT/CONFIDENTIAL EMPLOYEES AND REPEALIN RESOLUTION NO. 2007-481. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 the Common Council of the City of San Bernardino at a meeting thereof, held 6 on day of , 2008, by the following vote, to wit: 7 8 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT ESTRADA 9 BAXTER to BRINKER 11 DERRY 12 KELLEY 13 JOHNSON MCCAMMACK 14 15 16 Rachel G. Clark, City Clerk 17 The foregoing resolution is hereby approved this day of 18 2008. 19 20 Patrick J. Morris, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 By: 25 0 HR/Agenda Items:Reso.Side.Ltr.Mgmt-Con£C1ass.Study.6-2-2008 -4-