HomeMy WebLinkAboutCity Council - 2011-86 RESOLUTION NO. 2011-86
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 27, 28, 29, and 30, 2011, 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(UPDATED).
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.
Section 3. Resolution No. 2011-79 and The Side Letter Agreement attached thereto as
Exhibit A is repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21 s tday of November, 29 11.
or
-/�
REVIE ND APPROVED:
A PROVED AS TO FORM:
City er
ity Atto ey
IN D PP
r
ector o H an Resources
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 IX-HOURS OF WORK/OVERTIME
A. Work Schedule
4. 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" and may be required to take up
to thirty-six (36) hours of time off(dependent upon the employee's work schedule). Full time
(4o hours per week) employees will be required to take z days/18 hours as FURLOUGH (unpaid
time) for the closure period. Less than full time employees will be required to take a
proportional equivalent as FURLOUGH (unpaid time) based upon a proportional percentage of
full time employment(e.g.75%150%).
iii. Employees must elect time off without pay(z-days furlough), and employees may use approved
leave accruals (general leave or compensatory time) to account for the remaining 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. (12/27/11,
12/28/11,12/29111,12130/11).
v. MEA and the City agree to develop implementation language regarding Holiday Closure for
December 2012,by not later than May 1,2012.
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 he used in any approved combination for a
period not to exceed six-months or the end of the pay period ending July 06, 2012, 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 o6,2012.
vi. All "Holiday Closure" hours are to be accounted for via payroll within six-months or 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. Furlough Hours
2. General Leave
3. Compensatory Time
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. Furlough Hours
2. General Leave
3. Compensatory Time
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 may select an alternative flex day in lieu of Friday,
December 30, 2011, within the pay period of 12/24111 - 01/06/12. The alternative flex day may not
include 12127111,12/28/11,12/29111 or 12130/11.
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.
Sidc-Lettcr_ImplEmentaf on
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 LETER AGREEMENT to be executed by and through
their uthorized officers on
Huntington Beach City of Huntington Beach
Municipal Employees'Association
Gregor Daniel Fred A. i s n
Teamsters 9» Cit ianag r
Dated: ����./f/ ated: ff,
T
udy De s Carr
MEA President Dir ctor of Human Resources
Dated: 1 P ated:
A ROVED AS TO FORM:
J nifer M.McGrath
City Attorney
Dated:—)
Res. No. 2011-86
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 21, 2011 by the following vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California