HomeMy WebLinkAboutCity Council - 2011-82 RESOLUTION NO. 2011-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE HUNTINGTON BEACH MANAGEMENT
EMPLOYEES' ORGANIZATION (MEO), BY ADOPTING THE SIDE LETTER
OF AGREEMENT
WHEREAS, 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 Huntington Beach 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 of
Agreement between the City of Huntington Beach and MEO ("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 MEO.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 07thday of November, 2011.
Mayor
REVIEW D APPROVED INIT ND A P
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Dir or f Hu e rces
APPROVED AS TO FORM:
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City Atto ey
Exhibit "A" - Resolution No. 2011-82
City of Huntington Beach
SIDE LETTER AGREEMENT
The Management Employees'Association("MEO")and the City of Huntington Beach("City")hereby
agree to this side letter to the 12/2o/o6 - 12/19/o8 MOU, as amended by previous Side Letters,
including the 12/17/07 and 03/15/10 Side Letters.
ARTICLE 1-TERM OF MOU
This Side Letter shall be in effect following City Council approval through any period of extension
elected by the Association. MEO hereby exercises the exclusive right to extend the term of the
agreement for six (6) months, through June 19, 2012; and retains the exclusive right to extend the
term of the MOU.for an additional six(6)months,through December 20,2012.
ARTICLE XI-RETIREMENT
B. California Public Employees'Retirement System(CaIPERS)
1. Employee's Contribution
a. Effective the beginning of the pay period which includes November 1, 2o11, and
continuing until the end of the pay period which includes March 16, 2012, the
employees shall pay an additional 2%of the employee's contribution to CaIPERS
in addition to the 2.25% provided under the December 17, 2007 Side Letter.
Total employee contribution from the effective date of this side-letter through
and including the pay period ending March 16, 2012, is four and one-quarter
percent(4.25%)of the employee share of CaIPERS.
b. Any employees covered by this agreement who are enrolled in the PERS 3% at
50 safety retirement plan, or any other CaIPERS retirement benefit formula,
shall contribute the same percentage to the employees'share of PERS as those
enrolled in the 2.5%at 55 plan,as indicated in sections a.above.
C. This provision regarding Employee's Contribution to CaIPERS will expire
effective the end of the pay period which includes March 16, 2012, and the
parties agree to return to the original language contained in Article XI,Section C
-Retirement-PERS 2.5%055 of the MEO Memorandum of Understanding as of
December`17, 2007 (Reference Resolution No. 2007-87), unless otherwise
specifically modified, either by a subsequent side-letter or a successor
Memorandum of Understanding.
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
Exhibit "A" - Resolution No. 2011-82
permitted to take general leave in excess of actual time earned. Effective the
beginning of the pay period which includes November 1, 2011,and continuing until
the end of the pay period which includes March 16, 2012, 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 (70o) 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.
This provision regarding General Leave will expire effective March 16, 2012, and
the parties agree to return to the original language_ contained in Article XI(,
Section 1-General Leave, (b.)Eligibility and Approval of the MEO Memorandum of
Understanding as of December 20, 20o6, unless otherwise extended by a
subsequent side letter or a successor memorandum of understanding. However,
all General Leave accruals exceeding 64o hours as of March 16, 2012 will not be
eligible for cash-out, for cash out at separation or for overage payment.
Employees separating City service between March 16, 2012 and June 19, 2012,
shall be limited to 64o hours of General Leave as final pay out. Employees will.
have until the end of the pay period that includes June 19, 2012,to use any hours
above 640. All hours above 64o not utilized by the end of the pay period that
includes June 19,2012,shall be forfeited.
ARTICLE IX-HOURS OF WORKIADMINISTRATIVE LEAVE
A. Holiday Closure
i. December 27,28,29,30, 2011,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%/75%)
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.
(12/27111, 12/28/11, 12/29/11, 12/3o/11). 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 3,2012 and July 6,2012.
B. Time Accounting
L 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".
Exhibit "A" - Resolution No. 2011-82
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
endingJuly o6,2012.
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 06,2012.
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 o6,2012.
vii. Any "Holiday Closure" hours not voluntarily accounted for via payroll as of the end of
the pay period ending July o6, 2012, 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 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, December 30, 2011, within the pay
period of 12/24/11 -0l/06/12. The alternative flex day may not include 12127/1i,12/28/11, 12/29/11 or
12/30/11.
i. All provisions pursuant to MEO MOU Exhibit E - Leave Benefits #5 - Holidays, shall
apply.
Exhibit "A" - Resolution No. 2011-82
ii. All provisions pursuant to MEO MOU Exhibit F - Leave Benefits #5 - Holidays, shall
apply.
Side-Letter Implementation
The parties agree that the execution of this side-letter agreement may not be challenged by the
Association or any employee it is recognized to represent through the City's grievance procedure or
in any other forum unless the challenge is based upon a factual allegation that the Agreement was
the product of fraud, intentional misrepresentation or unlawful coercion on the part of City
representatives.
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
Management Employees'Organization
n
Scott Field Fred.Alon
President Cit ana er
Dated: 1117111 Dated:
G
orah DeBo c le Carr f�'
Vice President D' ector of Human Resouur es
Dated: ��- Dated:
APPROVED AS TO FORM:
n
enniferMcGrath
City Attorney
Dated:
Res. No. 2011-82
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 7, 2011 by the following vote:
AYES: Shaw, Carchio, Bohr, Boardman
NOES: Harper, Hansen, Dwyer
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio. Jerk of the
City Council of the City of
Huntington Beach, California