HomeMy WebLinkAboutCity Council - 2010-94 RESOLUTION NO. 2010-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE
MANAGEMENT EMPLOYEES ORGANIZATION (MEO),BY ADOPTING THE SIDE LETTER
AGREEMENT
WHEREAS,the City of Huntington Beach elects to implement a holiday closure for the period
December 27, 28, 29, and 30, 2010, which will result in City Hall and other City of Huntington Beach
operations being closed to the public over the entire closure period; and
On May 21, 2007, the City Council of Huntington Beach adopted Resolution No. 2007-33 for
the purpose of adopting the Memorandum of Understanding (MOU) between the City and the
Management Employees Organization (MEO);
Subsequent to the adoption of the MOU, the City of Huntington Beach and MEO agreed to
changes, corrections, and clarifications to the MOU that are reflected in a Side Letter Agreement
between the City of Huntington Beach and MEO ("Side Letter Agreement') attached hereto as Exhibit
A and incorporated herein by this reference. The Side Letter Agreement pertains to Holiday Closure.
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as
follows:
l. The Side Letter Agreement attached hereto as Exhibit A is approved and adopted.
2. The Side Letter Agreement amends the MOU between the City of Huntington Beach and
MEO.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 15thday of November , 2010.
ay
REVIE ND APPROVED:
INIT -ND A RO
Citykcfrnfnistrator _
re or of Hufnan Reso rces
APP VED AS TO FORM:
C ty Attorney
10-2671
Resolution No. 2010-94
Exhibit"A"
City of Huntington Beach
SIDE LETTER AGREEMENT
Representatives of the Management Employees'Organization("MEO")and the City of Huntington Beach("CITY")
have met and conferred regarding the following:
ARTICLE IX—HOURS OF WORK/ADMINISTRATIVE LEAVE
A. Holiday Closure
L December 27,28,29,30,2010,will be known and referred to as"Holiday Closure"for the dates specified.
ii. Employees will not report to work during the "Holiday Closure". Full time employees will be required to
take thirty-six(36)hours of time off. Part-time employees will be proportionally required to re-pay time
based upon regular assignment(e.g.25%/50%175%)as applied to thirty-six(36)hours.
iii. Employees may elect to furlough (time off without pay) or employees may use approved leave accruals
(general leave or administrative leave) to account for the time away from work during the "Holiday
Closure".
iv. The City may require at the request of the department head,that certain employees to work a regular or
partial schedule on one or more of the"Holiday Closure"days. (12127110,12/28/1o,12/29/10,12130/1o). Any
employee required to by the Department Head to work during any portion of the "Holiday Closure"will
be required to take the equivalent time off between January 3,2011 and July 8,2011.
B. Time Accountinar
i. All employees not required to report to work during the"Holiday Closure"will be paid their regular salary
for the "Holiday Closure" but will be required to account via payroll, as set forth below, for the
appropriate time associated with the"Holiday Closure".
ii. The payroll accounting options for the "Holiday Closure" includes, furlough and use of leave accruals
(general leave or administrative leave). Payroll accounting for the"Holiday Closure"not specifically listed
herein must be approved by the City Administrator or designee.
iii. Employees required to work during any portion of the "Holiday Closure" will be paid their regular salary
for the "Holiday Closure", and will be required to account for the equivalent amount "Holiday Closure"
hours via furlough, use of approved leave accruals (general leave or administrative leave), or alternative
equivalent time taken notwithstanding having worked during the "Holiday Closure"dates worked.
iv. The payroll accounting methods(furlough, use of leave accruals, alternative equivalent time taken in-lieu
of"Holiday Closure" dates), listed herein may be used in any approved combination for a period not to
exceed six-months but not later than the pay period ending July o8,2011.
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 o8,2011.
vi. All "Holiday Closure" hours are to be accounted for via payroll within six-months but not later than the
end of the pay period ending July o8,2011.
Resolution No.2010-94
Exhibit"A"
vii. Any "Holiday Closure" hours not voluntarily accounted for via payroll as of the end of the pay period
ending July o8,2011,shall be accounted for in the following order until a zero-balance is achieved:
1. Administrative Leave
2. General Leave
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. Administrative Leave
2. General Leave
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.
C. Scheduling -New Years Day-Flex Da 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, December 31, 2010, within the pay period of 12/24/10 - 01/07/11. The
alternative flex day may not include 12/27/10,12/28/io,12/29/10 or 12/30/10.
i. All provisions pursuant to MEO MOU Exhibit E-Leave Benefits#5-Holidays,shall apply.
ii. All provisions pursuant to M EO MOU Exhibit F-Leave Benefits#5-Holidays,shall apply.
Side-Letter
The parties agree that this side-letter agreement is not to be subject to Personnel Rule 19 -Grievance Procedure/Non-
Disciplinary Matters,or otherwise appealable either administratively or in a court of competent jurisdiction.
IN WITNESS WHEREOF, t e arties have caused this SIDE LETER AGREEMENT to be executed by and through their
authorized officers on 1 � (,��� , /6 .
i
Huntington Beach City of Huntington Beach
Management Employees'Organization
f
K e Hoffman �� Fred it oZr -
i MEO President(Act ) Cit Admi ist nIg
Dated: %/ /0 � � Dated:
ele Carr 4
ector of Human Resources
Dated: //— / /G)
APR VED AS TO FORM:: n
t 'f L�
Je nifer McGrath
City Attorney
Dated: ' 10
Res. No. 2010-94
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 November 15, 2010
by the following vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio lerk'of the
City Council of the City of
Huntington Beach, California