HomeMy WebLinkAboutCity Council - 2010-24 RESOLUTION NO. 2010-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH EXTENDING AND AMENDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH
MARINE SAFETY OFFICERS' ASSOCIATION (MSOA), BY ADOPTING THE
SIDE LETTER OF AGREEMENT
WHEREAS, on January 16, 2007 the City Council of Huntington Beach adopted
Resolution No. 2007-4 for the purpose of adopting the Memorandum of Understanding (MOU)
between the City and the Huntington Beach Marine Safety Officer's Association(MSOA);
Subsequent to the adoption of the MOU, the City of Huntington Beach and MSOA
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 MSOA ("Side Letter of Agreement")
attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter is
regarding extension of and modification to the MOU.
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 MSOA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of March, 2010.
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REVI ND APPROVED:
APPROVED AS TO FORM:
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City Attornc*f .�d
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Exhibit "A",Resolution No. 2010-24
City of Huntington Beach
SIDE LETTER AGREEMENT
Representatives of the Huntington Beach Marine Safety Officers' Association ("MSOA") and
the City of Huntington Beach ("City") hereby agree to the following terms related to the
MSOA MOU with respect to the following:
ARTICLE I - TERM OF MOU
This Memorandum of Understanding (MOU) shall be extended for the period October 1,
2009 and end at midnight September 30, 2011.
ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS
It is recognized that the Marine Safety Officers' Association is the employee organization,
which has the right to meet and confer in good faith with the City on behalf of the
employees of the Huntington Beach Community Services Department within the following
classification and assignment titles:
Marine Safety Lieutenant
Marine Safety Officer II
Marine Safety Officer I
The City and the Association agree to a job title survey in which the study agencies are to
include the Newport Beach Fire Department Lifeguard Division and the Los Angeles County
Fire Department Lifeguard Division. The City agrees to review the assignment titles (only)
of this unit and consider re-titling (only) in accordance with the "California Surf Lifesaving
Association Lifeguard Job Title Model". The City and Association agree to meet and conclude
the review no later than September 30, 2010.
CONCESSION ITEMS
The MSOA agrees to the following concession items that will sunset at the expiration of this
MOU extension.
ARTICLE X - RETIREMENT
A. Benefits
1. Public Employees' Retirement System
The City shall provide the 3% @ Age 50 retirement formula set forth in
California Government Code Section 21362.2 for all safety employees represented by
the Association.
If at any time after the implementation of the 3% at age 50 formula the City is
required to make retirement contributions with respect to employees represented
by the Association, the amount with respect to which each employee is
reimbursed pursuant to Article X.B.1. shall be modified accordingly.
Exhibit "A", Resolution No. 2010-24
B. Public Employees' Retirement System Reimbursement and Reporting:
1. Employees' Contribution:
Each employee covered by this agreement shall be reimbursed an amount equal to
nine percent (9%) of the employee's base salary plus education incentive pay as
pickup of a portion of each employee's CalPERS contribution. The above CalPERS
pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal
Revenue Code.
a. Article X.B.1. is hereby modified such that the combined City-paid and
employee-paid contribution equals 9%. The City shall pay 4.75% of each
employee's "compensation earnable" of the employees' contribution of
9%. All employees covered by this agreement shall pay 4.25% of
"compensation earnable" towards the employees' contribution of 9%.
ARTICLE XIII — MISCELLANEOUS
B. Physical Examinations
The City agrees to pay for bi-annual physical examinations, to include stress EKG. A
copy of the physical examination shall be provided to the employee only, upon his
request.
The Physical Examinations benefit as outlined herein is hereby suspended effective
upon implementation of this agreement and shall be suspended continuously through
September 30, 2011.
C. PERSONNEL RULE 5-21. REEMPLOYMENT LISTS- MODIFIED
Personnel Rule 5-21 shall be modified during the term of this contract
extension(s) to provide that in the event any employee represented by the Marine
Safety Officers' Association is demoted in lieu of layoff, that individual shall be placed
at the top of a re-employment list for the classification from which the individual was
demoted and shall be given first opportunity to fill any vacancy in that classification
or the new classification which succeeded the one from which the employee was
demoted irrespective of how much time transpires between the demotion and the
existence of the vacancy.
Side-Letter Implementation
The provisions contained in this side letter are effective following approval by the City of
Huntington Beach City Council and will remain in full force and effect unless otherwise
specifically modified, either by subsequent side-letter or a successor memorandum of
understanding.
Exhibit "A", Resolution No. 2010-24
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, 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
Huntington Beach City of Huntington Beach
-Marine Safety
Officers' Association
.q4x { f I/1
Mic ael S. Bartlett Fre A. i son
President City Administrator
Dated: 5 —` � Dated:
ivy'/
'W- 4-9elv
Michael A. Beuerlein i Ole Carr
Negotiations Team Member Director of Human Resources
Dated: a 1 Dated:
A ®VE® AS TO FORM,.4`� nnifer M. McGrath .
City Attorney
Dated: / U
Res. No. 2010-24
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
---444%)
CW Clerk and ex-offici Clerk of the
City Council of the City of
Huntington Beach, California