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HomeMy WebLinkAboutCity Council - 2010-21 RESOLUTION NO. 2010-21 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, 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); and WHEREAS, 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 temporary suspension of payment of General Leave earned in excess of six hundred forty(640)hours. 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 themet.day of March Mayor REVIE D APPROVED: IN AN APP City mAstrator it ctor of Human Resources OVED AS TO FORM: C ty Attorney Exhibit "A", Resolution No. 2010-21 City of Huntington Beach 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 XII - LEAVE BENEFITS A. Leave With Pay 1. General Leave b. Eligibility and Approval General Leave must be pre-approved except for illness, injury or family sickness, which may require a physician's statement for approval. General Leave accrued time is to be computed from hire date anniversary. Employees shall not be permitted to take general leave in excess of actual time earned. Effective the pay period beginning March 6, 2010, and continuing until the end of the pay period which includes September 30, 2011, employees shall not accrue General Leave in excess of seven hundred (700) hours. Employee's will not earn General Leave hours in excess of seven hundred (700) hours and shall not be paid the cash value of any additional hours beyond seven hundred (700) in their paycheck for the full duration of the time provided herein. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. The provisions contained in this side letter will expire effective October 1, 2011, and the parties agree to return to the original language contained in Article XII, Section 1 - General Leave, (b.) Eligibility and Approval of the MEA Memorandum of Understanding as of July 1, 2007. However, all General Leave accruals exceeding 640 hours as of October 1, 2011 will not be eligible for cash-out at separation or for overage payment. Employees separating City service shall be limited to 640 hours of General Leave as final pay out. Employees will have until the end of the pay period that includes December 31, 2011, to use any hours above 640. All hours above 640 not utilized by the end of the pay period that includes December 31, 2011 shall be forfeited. 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. Exhibit "A", Resolution No. 2010-21 IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on CC.r� Q/ /0 Huntington Beach City of Huntington Beach Municipal Employees' Association GpegWo Daniel Fr ilson Teamsters 911 Ci Ad inistrator Dated: 2/� / Dated: d t Acly Demerj I Carr /'°MEA Pr �id t D itor of Human Resources Dated: ' �C ` APPROVED AS TO FORM: nifer M. McGrath City Attorney Dated: dC Res. No. 2010-21 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 an regular meeting thereof held on March 1, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None C6J Clerk and ex-officioQlerk of the City Council of the City of Huntington Beach, California