HomeMy WebLinkAboutCity Council - 2009-73 RESOLUTION NO. 2009-73
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 OF AGREEMENT
WHEREAS, the City of Huntington Beach elects to implement a holiday closure for
the period December 28, 29, 30, and 31, 2009, which will result in City Hall and other City of
Huntington Beach operations being closed to the public over the entire closure period; and
WHEREAS, on November 19, 2007, the City Council of Huntington Beach adopted
Resolution No. 2007-85 for the purpose of adopting the 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 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 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.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16''day of November 2009.
M yor
REVIEt
APPROVED:
T ED AND Ad'PRO
City i istrator
it ctor of Human Resources
APPROVED AS TO FORM:
i
.�-City Attorneys
Exhibit"A"-Resolution No.2009-73
City of Huntington Beach
SIDE LETTER AGREEMENT
Representatives of the Municipal Employees' Association ("MEK) 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
i. December 28, 29, 30, 31, 2009, will be known and referred to as "Holiday
Closure"for the dates specified.
ii. Employees will not report to work during the designated "Holiday Closure"
and may be required to take up to thirty six(36)hours of time off(dependent
upon the employee's work schedule).
iii. Employees may elect time off without pay (furlough) or employees may use
approved leave accruals (general leave or compensatory time)to account for
the time away from work during the"Holiday Closure."
iv. The City may require or permit, at the discretion of the department head,
certain employees to work a regular or partial schedule on one or more of the
holiday closure days(12/28/o9,12129109,12/30/09 and 12/31/09).
a. Time Accounting
i. Members of this unit will be required to account via payroll, for the
appropriate time associated with the"Holiday Closure."
ii. The payroll accounting of the "Holiday Closure" will include, but is not
limited to, furlough, use of approved leave accruals (general leave or
compensatory time), or alternative equivalent time taken in-lieu of the
specific "Holiday Closure" dates referenced herein. Payroll accounting
for the "Holiday Closure" not specifically listed herein must be approved
by the City Administrator or designee.
iii. Employees required or permitted to work during any period of the
"Holiday Closure" will be paid their regular salary for the hours worked,
and will be required to account for all remaining"Holiday Closure" hours
via furlough, use of approved leave accruals (general leave or
compensatory time), or alternative equivalent time taken in-lieu of the
specific"Holiday Closure"dates worked.
iv. The payroll accounting methods listed herein may be used in any
approved combination for a period not to exceed six-months or the end
of pay period July 9, 2010,whichever is later.
v. Employees without adequate leave accruals may borrow against future
accruals earned — up to and including time accrued as of the end of the
pay period ending July 9, 2010.
1
Exhibit"A" -Resolution No.2009-73
vi. All "Holiday Closure" hours are to be accounted for via payroll within six-
months or the end of the pay period ending July 9, 2010.
vii. Any "Holiday Closure" hours not voluntarily accounted for via payroll as
of the end of the pay period ending July 9, 2010, shall be accounted for in
the following order until a zero-balance is achieved:
1. General Leave
2. Compensatory Time
3. Furlough Hours
viii. Employees separating from City service must reconcile all unaccounted
"Holiday Closure" hours at time of separation. Time will be accounted
for in the following order until a zero-balance is achieved.
1. General Leave
2. Compensatory Time
3. Furlough Hours
ix. Payroll accounting of the "Holiday Closure" by furlough shall not impact
service for purposes of seniority, shall not affect probationary periods,
and shall not affect health or retirement benefits.
b. Scheduling -New Years Day—Flex Day/Holiday Substitute
Employees assigned to Schedule A flex schedule and employees with 4/10
Tuesday — Friday flex schedule may select an alternative flex day in lieu of
Friday, January 1, 2010, within the pay period of 12/26/2009 - 01/08/10. The
alternative flex day may not include 12/28/09,12/29109, 12/30/09 or 12/31/09.
i. All provisions pursuant to MEA MOU Exhibit E— Leave Benefits 4
(a)and 4(b)shall apply.
ii. All provisions pursuant to MEA MOU Exhibit F— Leave Benefits 4
(a)and 4(b)shall apply.
F. Acting Assignment
L Acting assignments are not intended to exceed six (6) months unless
extraordinary circumstances warrant an extension as recommended and
approved by the Human Resources Director.
ii. An acting assignment is not anticipated to exceed one (1) year nor shall it be
considered a reclassification or a promotion.
a. However, an acting assignment may be extended for an additional period of
up to one (1) year, for a total of two (2) years should conditions substantiate
the need for an additional extension of time. [This provision {F(ii.)(a.)} shall
expire as of June 30, 2011].
iii. Employees on acting assignment obtain no property rights in the acting
assignment and may be returned to their regular position at any time.
2
Exhibit"A"-Resolution No.2009-73
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 on1�? DO q
Huntington Beach City of Huntington Beach
Municipal Employees'Association
Gre do Daniel *&I
Teamsters 911 City Administrator
Dated: t` ! ?I a Dated:
Oudy De r is le Carr
MEA Pre dent ector of Human Resources
Dated: Dated:
APPROVED AS,TO FORM:
Jennifer M. McGrath ill-V tk_n-tc(
City Attorney
Dated:
3
Res. No. 2009-73
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH
I, JOAN L. FLYNN 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 November 16, 2009 by the following vote:
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
a
Ci l Clerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California