HomeMy WebLinkAboutCity Council - 2018-86 0001RESOLUTION NO.2018-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
THE MUNICIPAL EMPLOYEES' ASSOCIATION (MEA), BY ADOPTING THE SIDE
LETTER AGREEMENT RELATED TO 2018 HOLIDAY CLOSURE
WHEREAS, the City of Huntington Beach elects to implement a holiday closure for the
period of Monday December 24, 2018, (including Christmas Day, Tuesday, December 25, 2018),
and Monday December 31, 2018 (including New Year's Day, Tuesday, January 1, 2019), which
will result in City Hall and other non -essential City of Huntington Beach operations being closed
to the public over the specified closure period; and
WHEREAS, the City of Huntington Beach elects to permit MEA employees to take paid
leave for select dates over the period December 24, 2018 and December 31, 2018, and
WHEREAS, on November 5, 2018, the City Council of Huntington Beach adopted
Resolution No. 2018-63 for the purpose of adopting the Memorandum of Understanding (MOU)
between the City and the Municipal Employees' Association (MEA); and
Subsequent to the adoption of the MOU the City of Huntington Beach and MEA agreed to changes,
corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between
the City of Huntington Beach and MEA ("Side Letter Agreement") attached hereto as Exhibit A
and incorporated herein by this reference. The Side Letter Agreement pertains to 2018 Holiday
Closure.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach as follows:
Section 1. The Side Letter Agreement attached hereto as Exhibit "A" is approved and adopted.
Section 2. The Side Letter Agreement amends the MOU between the City of Huntington
Beach and MEA.
18-7116/193118
Resolution No. 2018-86
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 17th day of December, 2018
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Mayor
APPROVED AS TO FORM:
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City Attorney
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of Human Resources
18-7116/193118
Exhibit "A"
City of Huntington Beach and MEA
SIDE LETTER AGREEMENT
Representatives of the Municipal Employees' Association (MEA) and the City of
Huntington Beach (CITY) hereby agree to the following terms related to the MEA MOU
with respect to the following:
Article IX — HOURS OF WORK/OVERTIME
A. Work Schedule
4. Holiday Closure
a. Monday, December 24, 2018 (Christmas Eve), Tuesday, December 25, 2018
(Christmas Day), Monday, December 31, 2018 (New Year's Eve), and Tuesday,
January 1, 2019 (New Year's Day), will be known and referred to as "Holiday
Closure" for the dates specified. Some departments, at the discretion of the
Department Director and with the approval of the City Manager, will be excluded
from the holiday closure, and those select employees must work as scheduled.
Public Safety operations are not impacted by the Holiday Closure. Police and Fire
Personnel are required to report to work as scheduled on 12/24 and 12/31, unless
otherwise advised by the Police Chief or Fire Chief.
b. Employees will use approved leave (Personal Leave, General Leave or
Compensatory Time) to account for the time away from work during the Holiday
Closure. Holiday Closure days requiring use of leave include Monday, December
24, 2018 and Monday, December 31, 2018.
c. Employees who wish to take time off in addition to the Holiday Closure must seek
approval to do so from their Department Director.
Employees working 8/5, 9/80, and Monday -Thursday 4/10 work schedules will
need to account for Holiday Closure time applied to Monday, 12/24/18 and
Monday, 12/31/18 depending upon work schedules.
i. Employees on 4/10 schedules (Tuesday- Friday) are not impacted.
ii. Tuesday, 12/25/18 and Tuesday, 01/01/19 are (paid) City Holidays.
i. Time Accounting
a. Members of this unit will be required to account via payroll for the appropriate
time associated with the Holiday Closure and any additional elective approved
time off.
b. The payroll accounting of the holiday closure will include, use of approved
leave (Personal Days, General Leave, or Compensatory Time) or alternative
equivalent time taken in -lieu of the specific Holiday Closure dates referenced
herein for employees required by the Department Director to work. Payroll
accounting for the Holiday Closure not specifically listed herein must be
approved by the City Manager or designee.
c. The payroll accounting methods listed herein may be used in any approved
combination on or before the end of the pay period ending January 11, 2019.
Any Holiday Closure hours not voluntarily accounted for via payroll as of the
end of the pay period ending January 11, 2019, shall be accounted for in the
following order until a zero balance is achieved:
1. Personal Leave
2. General Leave
3. Compensatory Time
4. Time Off Without Pay
City of Huntington Beach and MEA — Holiday Closure Side Letter Agreement 2018
Exhibit "A"
City of Huntington Beach and MEA
SIDE LETTER AGREEMENT
ii. Payroll accounting of the Holiday Closure shall not impact seniority,
probationary periods, and health or retirement benefits.
Side Letter Implementation
The parties agree that this side letter agreement and the implementation thereof will not be subject
to Personnel Rule 19 — Grievance Procedure/Non-Disciplinary Matters nor Article XIV-
Miscellaneous (a) — Grievance Arbitration, or otherwise appealed either administratively or in a
court of competent jurisdiction.
IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be
executed by and through their authorized officers on December 17th, 2018
Huntington Beach
Municipal Employees'
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-Association
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City of Huntington Beach
Dated: ��l /Y Dated:
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Pre ide t ector of Human Resourc
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APPROVED AS TO FORM:
<rnMichael Gates
City Attorney
Dated: JJ L , - ��
City of Huntington Beach and MEA — Holiday Closure Side Letter Agreement 2018
Res. No. 2018-86
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on December 17, 2018 by the following vote. -
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
NOES: None
ABSENT: None
RECUSE: None
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City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California