HomeMy WebLinkAbout02-Human Resources
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Linn Livingston, Director
of Human Resources
Subject: SIDE LETTER AGREEMENT
WITH POLICE SAFETY EMPLOYEES
Dept: Human Resources
Date: March 4, 2009
MICC Meeting Date: March 9, 2009
Synopsis of Previous Council Action:
On August 21, 2006, Mayor and Common Council approved Resolution No. 2006-291,
Implementing Memorandum of Understanding Between the City of San Bernardino and
Employees in the Police Safety Employees' Bargaining Unit Represented by San
Bernardino Police Officers' Association (SBPOA).
Recommended Motion:
Adopt Resolution.
~...~ ~~r&1o~
Signature
Contact person:
Linn LivinQston
Phone: x5161
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount: Approx. $ 2,718.400 in savinQs over 16 months
Source: (Acct. No.)
(Acct. Description)
Council Notes:
Finance:
4S0L.UnM 2609- ~R
Agenda Item No. ?
3..q'~er
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution No. 2006-291 for full-time, Police Safety employees amending Article IV - Fringe
Benefits: Section 1 - Health/Life Insurance - Active Employees, Subsection (A); Article IV -
Fringe Benefits: Scction 3 - Rain Gcar/Utility Unifon11S/Uniform Allowances, Subsection (C);
Article V - Leaves: Section 1 - Vacations, Subsections (F) and (H); Article V - Leaves: Section
4 - Payment for Unused Sick Leave; and Article VlI - General Provisions: Section 4 - Term Of
Memorandum Of Undcrstanding; and adding Subsections (E) and (F) to Article V Lcaves:
Section 4 - Payment for Unused Sick Leave; and adding Section 9 Budgct Conccssions Leave
to Article V - Leaves.
Backl!round:
As a result of the City's financial status, the Human Resources Department met and conferred
with the Police Safety employees. Prior to reaching agreement, the Mayor and Common Council
approved implementation of furloughs beginning March 1,2009. The City has now reached a
tcntative agreement with the Police Safety cmployees. If the Mayor and Common Council
approves this agreement on March 9, 2009, furloughs will cease on March 10,2009.
In an effort to assist thc City, thc bargaining unit agreed to cmployee concessions cqualing
approximately a ten percent (10%) reduction in salary. It is recommended that the following
actions be approved:
Members of the Police Safety Unit will achieve the 10% reduction by giving up their
annual uniform allowance for 2009 and 2010 and reducing the employer contribution for
health care plans by $400 per month per employcc effective March 16,2009, and
continuing through June 30, 2010. Additionally, employees will not he able to sell back
vacation, sick, and holiday hours until July 1,2010.
In return for the employee concessions, it is recommended that the following actions be
adopted:
y Extend the current Memorandum of Understanding (MOU) for Police Safety
employees for a one (1) year period (January 1, 2010, through December 31,
2010).
,. Effective March 16,2009, and continuing through June 30, 2010, employees will
accrue four (4) hours of leave time per week. The hours may be scheduled in the
same manner as vacation or holiday and will have no expiration date or cash
value.
y Effective July 1, 2010, employees will be allowed to sell back sick, holiday or
vacation time at any time throughout the year. A minimum of 10 hours must be
requested per sell-back.
r The Police Officers' Association (POA) will have input into the selection of the
new Policc Chicf.
" Effective March 16, 2009, the vacation maximum cap will increase by fifteen
percent (15%) as follows:
Current Cap
160
240
320
400
Cap with 15%
Increase
184
276
368
460
The employee concessions are necessary during these very difficult economic times. Thc City
and the Police Safety employees agree that if the economy werc to improve prior to June 30,
2010, the following "trigger" language would be followed:
The City agrees to restore the ten percent (10%) employee concession prior to
June 30, 2010, if the City receives a Federal or State bailout or other windfall that
can be applied to the General Fund with no limitations equal to or greater than
75% of the City's total projected deficit for that year.
Financial Impact:
This will result in approximately 52,718,400 in savings over the sixteen month period.
Recommendation:
Adopt Resolution.
,
1
Resolution No.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION NO. 2006-291
FOR FULL-TIME, POLICE SAFETY EMPLOYEES, AMENDING ARTICLE IV
FRINGE BENEFITS: SECTION 1 - HEALTH/LIFE INSURANCE - ACTIV
EMPLOYEES, SUBSECTION (A); ARTICLE IV - FRINGE BENEFITS: SECTION 3
RAIN GEAR/UTILITY UNIFORMSIUNIFORM ALLOWANCES, SUBSECTION (C);
ARTICLE V - LEAVES: SECTION 1 - VACATIONS, SUBSECTIONS (F) AND (H);
ARTICLE V - LEAVES: SECTION 4 - PAYMENT OF UNUSED SICK LEAVE; AN
ARTICLE VII - GENERAL PROVISIONS: SECTION 4 - TERM OF MEMORANDU
OF UNDERSTANDING; AND ADDING SUBSECTIONS (E) AND (F) TO ARTICLE V
LEAVES: SECTION 4 - PAYMENT FOR UNUSED SICK LEAVE; AND AD DIN
SECTION 9 - BUDGET CONCESSIONS LEAVE TO ARTICLE V - LEAVES.
3
4
5
6
7
8
9
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO AS FOLLOWS:
10
11
SECTION I: The City Manager of the City of San Bernardino and the Director of Human
12
Resources are hereby authorized and directed to execute on behalf of said City a Side Letter to
13
Resolution No. 2006-291 for full-time, Police Safety employees amending Article IV - Fringe
14
Benefits: Section I - Health/Life Insurance - Active Employees, Subsection (A); Article IV..
15
Fringe Benefits: Section 3 - Rain GearlUtility UniformslUniform Allowances, Subsection (C);
16
Article V - Leaves: Section I - Vacations, Subsections (F) and (H); Article V - Leaves: Section
17
4 - Payment for Unused Sick Leave; and Article VII - General Provisions: Section 4 - Term Of
18
Memorandum Of Understanding; and adding Subsections (E) and (F) to Article V - Leaves:
19
Section 4 - Payment for Unused Sick Leave; and adding Section 9 - Budget Concessions Leave
20
21
to Article V - Leaves; a copy of which is attached hereto and incorporated herein marked as
22
Exhibit A.
23
III
24
III
25
III
-1-
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION NO. 2006-291
FOR FULL-TIME, POLICE SAFETY EMPLOYEES, AMENDING ARTICLE IV
FRINGE BENEFITS: SECTION 1 - HEALTH/LIFE INSURANCE - ACTIVE
EMPLOYEES, SUBSECTION (A); ARTICLE IV - FRINGE BENEFITS: SECTION 3
RAIN GEAR/UTILITY UNIFORMSIUNIFORM ALLOWANCES, SUBSECTION (C);
ARTICLE V - LEAVES: SECTION 1 - VACATIONS, SUBSECTIONS (F) AND (H);
ARTICLE V - LEAVES: SECTION 4 - PAYMENT OF UNUSED SICK LEAVE; AND
ARTICLE VII - GENERAL PROVISIONS: SECTION 4 - TERM OF MEMORANDU
OF UNDERSTANDING; AND ADDING SUBSECTIONS (E) AND (F) TO ARTICLE V
LEAVES: SECTION 4 - PAYMENT FOR UNUSED SICK LEAVE; AND ADDIN
SECTION 9 - BUDGET CONCESSIONS LEAVE TO ARTICLE V - LEAVES.
2
3
4
5
6
7
8
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
9
the Common Council of the City of San Bernardino at a
meeting thereof, hel
, 2009, by the following vote, to wit:
AYES
NA YES
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
20
The foregoing resolution IS hereby approved this
day 0
21
,2009.
22
23
24
Approved as to fonn:
Patrick J. Morris, Mayor
City of San Bernardino
25
JAMES F. PENMAN,
City Attorney
/ _ -2-
s: ge'nda Items\Reso.Side.Ltr.Pohce Safety Assoc.doc
Exhibit A
SIDE LETTER AMENDMENT/AGREEMENT TO RESOLUTION 2006-291
POLICE SAFETY EMPLOYEES
This Side Letter amends the current language in Resolution No. 2006-291 for full-time, Police Safety
employees amending Article IV - Fringe Benefits: Section I - Health/Life Insurance - Active
Employees, Subsection (A); Article IV - Fringe Benefits: Section 3 - Rain Gear/Utility
Uniforms/Uniform Allowances, Subsection (C); Article V - Leaves: Section I - Vacations,
Subsections (F) and (H); Article V .- Leaves: Section 4 - Payment for Unused Sick Leave; and Article
VII - General Provisions: Section 4 - Term Of Memorandum Of Understanding; and adding
Subsections (E) and (F) to Article V - Leaves: Section 4 - Payment for Unused Sick Leave; and
adding Section 9 - Budget Concessions Leave to Article V - Leaves, by adding the following language
to thc referenced articles, sections and subsections:
A. ARTICLE IV, FRINGE BENEFITS: SECTION L HEALTH/LIFE INSURANCE - ACTIVE
EMPLOYEES, SUBSECTION (A)
"For the temporary period commencing with the payroll period beginning March 16,2009, and
continuing through June 30, 2010, the City will reduce its healthcare premium contribution by
$400 per month per employee."
B. ARTICLE IV, FRINGE BENEFITS: SECTION 3, RAIN GEAR/UTILITY
UNIFORMS/UNIFORM ALLOWANCES, SUBSECTION (C)
"For the temporary period of benefit years 2009 and 2010, employees will forego their annual
uniform allowance."
C. ARTICLE V, LEAVES: SECTION I, VACATIONS, SUBSECTION (F)
"Effective March 16, 2009, vacation credit accruals may accumulate an additional 15% as
follows:
Current Cap
160
240
320
400
Cap
With 15% Increase
184
276
368
460"
D. ARTICLE V, LEAVES: SECTION L VACATIONS, SUBSECTION (H)
"Effective March 16, 2009, and continuing through June 30, 2010, employees will not be
allowed to sell back any vacation or holiday time.
Effective July I, 2010, employees will be allowed to sell back up to one-quarter (1/4) of their
vacation or holiday accrual for the year at any time throughout the year as long as a minimum
ofl0 hours is requested per sell-back."
Exhibit A
E. ARTICLE V, LEAVES: SECTION 4, PAYMENT FOR UNUSED SICK LEAVE
"E. Effective March 16,2009, and continuing through June 30, 2010, employees will not be
allowed to sell back any accrued sick leave.
F. Effective July I, 2010, an employee may elect to sell back up to one-quarter (1/4) of
his/her annually accrued hours of sick leave provided such employee has used 32 hours
or less of sick leave during the twelve (12) months prior to sell-back."
E. ARTICLE V, LEAVES:
"SECTION 9: BUDGET CONCESSIONS LEAVE
Effective March 16, 2009, and continuing through June 30, 2010, all employees will accrue
four (4) hours of paid leave time per week with no expiration date or cash value. In all cases,
leave use will be arranged for and used according to established department policy."
G. ARTICLE VII, GENERAL PROVISIONS: SECTION 4, TERM OF MEMORANDUM OF
UNDERSTANDING
"Mayor and Common Council action taken on March 9, 2009, extends the term of this
Memorandum of Understanding (MOU) for one (1) year commencing January 1,2010, through
December 3 1,2010."
The City and members of the Police Safety Employees Unit agree that if the economy were to improve
prior to June 30, 2010, the following "trigger" language would be followed:
"The City agrees to restore the ten percent (l0%) employee concession prior to June 30,
2010, if the City receives a Federal or State bailout or other windfall that can be applied
to the General Fund with no limitations equal to or greater than 75% of the City's total
projected deficit for that year."
The Police Officers' Association (POA) will have input into the selection of the new Police Chief.
DATE:
ATTEST:
City Clerk
FOR THE CITY:
REPRESENTATIVES OF:
POLICE SAFETY EMPLOYEES
MARK WEINBERG, City Manager
City of San Bernardino
San Bernardino Police Officers Association
LINN LIVINGSTON,
Director of Human Resources