HomeMy WebLinkAboutCity Council - 2004-30 RESOLUTION NO. 2004-30
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION,
BY ADOPTING THE SIDE LETTER OF AGREEMENT REGARDING WORK SCHEDULES
WHEREAS, on December 16, 2002, the City Council of Huntington Beach adopted
Resolution No. 2002-133 for the purpose of adopting the 2003 Memorandum of Understanding(MOU)
between the City and the Municipal Employees' Association (MEA);
Subsequent to the adoption of the MOU, the City of Huntington Beach and the 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 the MEA ("Side Letter of Agreement")attached
hereto as Exhibit A and incorporated herein by this reference.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach as follows:
Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and
adopted.
Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington
Beach and the MEA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of May , 2004.
ATTEST:
4
A1aA
•
j: City Cler or�r
REVIE ED AND APPRO ED: APPROVED AS TO FORM:
P o Li
City Administrator ity Att rneyQ�
INITIA7DAPPROVED:
Director of ministrative Services
G:aES0LUN126441MEA side 5-4-04.doc
Res. No. 2004-30
Side Letter Agreement— Hours Of Work/Overtime
Between the City of Huntington Beach
and the Huntington Beach Municipal Employees Association
Effective: May 4, 2004
This is to memorialize an agreement between the City of Huntington
Beach (City) and the Huntington Beach Municipal Employees Association (MEA)
to reflect agreed upon changes, corrections or clarifications to Article IX — Hours
Of Work/Overtime Section 2.b and Exhibit J - 9/80 Work Schedule of the existing
Memo rand um-of=Understanding. All other terms and conditions of the existing
side letters and the Memorandum-of-Understanding remain in full force and
effect.
Both parties agree to continue the meet and confer process in good faith
as required by the Meyers-Milias-Brown Act. The goal of the continued meet and
confer process is a new Memorandum-of-Understanding between the City and
the MEA. The subject of the continued meet and confer process shall be all
issues between the parties concerning wages, hours, and other terms and
conditions of employment.
This agreement is to be incorporated into any future Memorandum-of-
Understanding between the City and the MEA. Article IX — Hours Of
Work/Overtime Section 2.b and Exhibit J - 9/80 Work Schedule shall now read:
Res. No. 2004-30
ARTICLE IX — HOURS OF WORK/OVERTIME
A. Work Schedule
2. Flex Schedule and Alternative Work Schedule
b. 9/80 Work Schedule
i. Civic Center Employees
The 9/80 work schedule, as outlined in Exhibit J, shall
be defined for all MEA employees assigned to the
Civic Center as working nine (9) days for eighty (80)
hours in a two week pay period by working eight (8)
days at nine (9) hours per day and working one (1)
day for eight (8) hours (Friday), plus a one-hour lunch
during each work shift, totaling forty (40) hours in
each FLSA work week. The 9/80 work schedule shall
not reduce service to the public, departmental
effectiveness, productivity and/or efficiency as
determined by the City Administrator or designee.
ii. Non- Civic Center Employees
The 9/80 work schedule, as outlined in Exhibit J, shall
be defined for all MEA employees not assigned to the
Civic Center as working nine (9) days for eighty (80)
hours in a two week pay period by working eight (8)
days at nine (9) hours per day and working one (1)
day for eight (8) hours, plus their scheduled lunch
break during each work shift, totaling forty (40) hours
in each FLSA work week. The 9/80 work schedule
shall not reduce service to the public, departmental
effectiveness, productivity and/or efficiency as
determined by the City Administrator or designee.
Res, No. 2004-30
EXHIBIT J -9/80 WORK SCHEDULE
This work schedule is known as the "9/80". The 9/80 work schedule is designed
to be in compliance with the requirements of the Fair Labor Standards Act
(FLSA). In the event that there is a conflict with the current rules, practices
and/or procedures regarding work schedules and leave plans, then the rules
listed below shall govern.
9180 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80)
hours in a two week pay period by working eight (8) days at nine (9) hours per
day and working one (1) day for eight (8) hours, with a scheduled lunch break
during each work shift, totaling forty (40) hours in each FLSA work week. The
9/80 work schedule shall not reduce service to the public, departmental
effectiveness, productivity and/or efficiency as determined by the City
Administrator or designee.
A. The FLSA work week for each MEA employee on a 9/80 schedule shall
begin and end four hours into that employee's regularly scheduled shift on
the day of the week that the employee alternatively works an 8 hour shift
and takes off. For example, MEA employees on a 9/80 schedule who are
assigned to the Civic Center shall have an FLSA work week that starts
and ends four hours into the employee's regularly scheduled shift each
Friday, as these employees may only have 9180 schedules that provide for
alternating Fridays off with working 8 hour days on Fridays. Employees
may only take their lunch break on their 8 hour day after first having
worked 4 hours in that shift, unless the employee receives prior approval
of their supervisor, as overtime may occur in such situations.
B. Two Week Pay Period — The pay period for employees starts Friday mid-
shift (p.m.) and continues for fourteen (14) days until Friday mid-shift
(a.m.). During this period, each week is made up of four (4) nine (9) hour
work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those
hours equal forty (40) work hours in each work week (e.g. the Friday is
split into four (4) hours for the a.m. shift, which is charged to work week
one and four (4) hours for the p.m. shift, which is charged to work week
two).
C. A/B Schedules — To continue to provide service to the public every Friday,
MEA employees on a 9/80 schedule assigned to the Civic Center, are to
be divided between two schedules, known as the "A" schedule and the "B"
schedule, based upon the departmental needs. For identification
purposes, the "A" schedule shall be known as the schedule with a day off
on the Friday in the middle of the pay period, or, "off on payday", the "B"
schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or
"working on payday". An example is listed below:
Res. No. 2004-30
Schedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4
B Schedule - - - - 9 9 9 9 4 4 - - 9 9 1 9 9 -D. Schedule Changes — FLSA non-exempt employees cannot change their
assigned schedules, without prior approval of their supervisor,
Department Head, and the Human Resources Manager or designee. The
purpose of this authorization is to review the impact on overtime. FLSA
exempt employees may change their schedules at the beginning of any
pay period with supervisor and Department Head approval.
E. Emergencies — All employees on the 9180 work schedule are subject to
be called to work any time to meet any and all emergencies or unusual
conditions which, in the opinion of the City Administrator, Department
Head or designee may require such service from any of said employees.
OVERTIME DEFINED
FLSA Non-Exempt Employees — All non-exempt employees under the 9/80 work
schedule shall earn overtime for all hours worked after the first forty (40) hours in
their designated FLSA work week as required under FLSA. Employees are
required to obtain supervisor authorization prior to working any overtime.
1. Overtime Compensation ---As stated in Memorandum-of-Understanding
2. Compensatory Time —As stated in Memorandum-of-Understanding
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 9180 work schedule,
then nine (9) hours of eligible leave per workday shall be charged against the
employee's leave balance or eight (8) hours shall be charged if the day off is a
Friday. All leaves shall continue under the current accrual, eligibility, request and
approval requirements.
1. General Leave —As stated in Memorandum-of-Understanding
2. Sick Leave —As stated in Memorandum-of-Understanding
3. Bereavement Leave—As stated in Memorandum-of-Understanding
4. Holidays -
a. For a recognized city holiday, eight (8) hours, as stated in Article
X11.2, are earned for each holiday. For the charging of hours on a
scheduled holiday, the employee must use eight (8) hours of
holiday time off and one (1) hour from the employee's General
Res. No. 2004-30
Leave or Compensatory Time banks for a nine (9) hour workday
charge or eight (8) hours holiday time off for a flex day off.
b. If a holiday falls on an FLSA non-exempt employee's flex day off,
the employee must then take the work shift before or after the
holiday off with supervisor and Department Head approval. If the
employee cannot take the work shift before or after the holiday off
the employee will be granted eight (8) hours of general leave.
c. If a holiday falls on an FLSA exempt employee's flex day off, the
employee must then take the work shift before or after the holiday
off with supervisor and Department Head approval. FLSA exempt
employees shall not be granted any administrative/general leave or
any added compensation for not taking a work shift off on a
scheduled holiday.
5. Jury Duty — The provisions of the Personnel Rules shall continue to apply,
however, if an FLSA exempt employee is called to serve on jury duty
during a the employee's flex day off, Saturday, or Sunday, or on a city
holiday, then the jury duty shall be considered the same as having
occurred during the employees day off work, therefore, the employee will
receive no added compensation.
Res. No. 2004-30
It is the understanding of the City of Huntington Beach and the
Huntington Beach Municipal Employees Association that this side letter to the
existing Memorandum-of-Understanding is of no force or effect whatsoever
unless and until adopted by resolution of the City Council of the City of
Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this side letter
to the Memorandum-of-Understanding this Q3 day of April, 2004.
HUNTINGTON BEACH
CITY OF HUNTINGTON BE CH MUNICIPAL EMPLOYEES ASSOCIATION
� U11_4
William P. Workman n Von Holle
Assistant City Administr or esident
C'-� C:�t9 �' \
Clay Ma OK
Robert Hidusky
Director of Administrative Services Vice-President
F ,
t � a'4,
Steven M. Igerliner William W. Davis
Chief Negotiator Legal Counsel
APPROVED AS TO FORM:
r�
-_�ff
Jiennifer M' Grath
ty ttorney A
Res. No. 2004-30
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, 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 an adjourned regular meeting thereof held
on the 17th day of May 2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
0
4-c-US .N -City Clerk nd ex-officio erk of the
City Council of the City of
Huntington Beach, California