HomeMy WebLinkAboutCity Council - 2012-12 RESOLUTION NO. 2012-12
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 5t.h day of March, 2012.
Mayor
REVI AND APPROVED I A AP
Ci rKt,
er erector of uman Resources
APPROVED AS TO FORM:
Ci Attorn
City of Huntington Beach
SIDE LETTER AGREEMENT
The Management Employees Organization ("MEO'� and the City of Huntington Beach ("City' hereby
agree to this side letter to the 12/20/06— 12/19/08 MOU, as amended by previous Side Letters, including
the 12/17/07, 03/15/10 and 11/7/11 Side Letters.
ARTICLE I -TERM OF MOU
This Side Letter shall be in effect following City Council approval through any period of extension elected
by the Association. MEO previously exercised its 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 (CalPERS)
1. Employee's Contribution
a. Effective the beginning of the pay period which includes November 1, 2011, and
continuing until the end of the pay period which includes June 19, 2012, the
employees shall pay an additional 2% of the employee's contribution to CalPERS
plus 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 June 19, 2012 is four and one-quarter percent
(4.25%) of the employee share of CalPERS. Should the Association exercise its
exclusive right to extend the term of the MOU for an additional six (6) months,
through December 20, 2012, this provision will be extended, and the 4.25%
employee contribution will continue until the end of the pay period that includes
September 21, 2012. Effective the end of the pay period which includes
September 21, 2012, the parties agree that the employee contribution to CalPERS
shall return to 2.25%, as provided in Article AY, Section C — Retirement — PERS
2.5% 55 of the MEO Memorandum of Understanding as of December 17, 2007
(Reference Resolution No. 2007-87).
b. Any employees covered by this agreement who are enrolled in the PERS 3% at 50
safety retirement plan, or any other CalPERS 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 Section a. above. Should the Association
exercise the exclusive right to extend the term of the MOU for an additional six (6)
months, through December 20, 2012, this provision will be extended, and the
4.25% employee contribution will continue until the end of the pay period that
includes September 21, 2012. Effective the end of the pay period which includes
September 21, 2012, the parties agree that the employee contribution to CalPERS
shall be 2.25%, as provided in Article AY, Section C—Retirement—PERS 2.591b 55
of the MEO Memorandum of Understanding as of December 17, 2007 (Reference
Resolution No. 2007-87).
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 beginning of the
pay period which includes November 1, 2011, and continuing until the end of the pay
period which includes June 19, 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 (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. Should
the Association exercise the exclusive right to extend the term of the MOU for an
additional six (6) months, through December 20, 2012, this provision will be
extended, and the GL overage suspension will continue until the end of the pay
period that includes September 21, 2012. Effective the end of the pay period which
includes September 21, 2012, the parties agree to return to the original language
contained in Article XII, Section 1 —General Leave, (b.)Eligibility and Approval of the
MEO Memorandum of Understanding as of December 20, 2007.
i. All General Leave accruals exceeding 640 hours as of June 19, 2012,
or September 21, 2012 should the Association exercise its exclusive
right to extend the term of the MOU for an additional six (6) months,
through December 20, 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,
or between September 21, 2012 and December 20, 2012, should the
Association exercise its exclusive right to extend the term of the
MOU for an additional six (6) months, shall be limited to 640 hours
of General Leave as final pay out. All other employees with General
Leave in excess of 640 hours as of June 19, 2012, or December 20,
2012, should the Association exercise the exclusive right to extend
the term of the MOU for an additional six (6) months, shall have an
additional six (6) months to use any hours above 640. All hours
above 640 not utilized by the end of the pay period following the six
(6) month period shall be forfeited.
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_ �n A0/dp-,
Huntington Beach City of Huntington Beach
Management Employees'Organization
��%�
Scott Field Fr . ilson
President Malager
Dated: 3 /lZ Dated:
Tom Graham ichele arren
Vice President c� Director of Human Resourc
Dated: Z ` 2 ` ` Dated:
APPROVED AS TO FORM:
ennifer M. McGrath
City Attorney
Dated:
Res. No. 2012-12
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 March 5, 2012 by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California