HomeMy WebLinkAboutCity Council - 2012-73 RESOLUTION NO. 2012-73
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 24,26,27, 28, and 31,2012,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.
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.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting
thereof held on the 15th day of October, 2012. .
Mayor
RE VIE D APPROVED:
—.,,.APPROVED AS TO O
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City ab,dj r. _
ty Attor y
T E A P VE
erector of Human Resources
Resolution No. 2012-73
Exhibit"A"
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
December 24, 26, 27, 28, and 31, 2012, will be known and referred to as "Holiday Closure" for the
dates specified.
Employees will not report to work during the"Holiday Closure" and all employees will be required to
take up to forty-four(44)hours of time off(dependent upon the employee's work schedule).
Employees may elect time off without-pay(furlough) or employees may use approved leave accruals
(general leave or compensatory time) to account for the time away from work during the "Holiday
.Closure."
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. '(12/24/12, 12/26/12,
12/27/12, 12/28/12, 12/31/12).
a..'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 be used in any approved combination for
a period not to exceed six-months or the end of the pay period ending July 05, 2013,
whichever is later.
Page 1 of 3
Resolution No. 2012-73
Exhibit"A"
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 05, 2013.
vi. All "Holiday Closure" hours are to be accounted for via payroll within six-months or the end
of the pay period ending July 05, 2013.
vii. Any "Holiday Closure" hours not voluntarily accounted for via payroll as of the end of the
pay period ending July 05, 2013, shall be accounted for in the following order until a zero-
balance is achieved:
1. General Leave
2. Compensatory Time
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. General Leave
2. Compensatory Time
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.
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 28, 2012, within the pay period of 12/22/12 — 01/04/13. The alternative flex day may
not include 12/24/12, 12/26/12, 12/27/12, 12/28/12 or 12/31/12.
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.
Page 2 of 3
Resolution No. 2012-73
Exhibit"A"
Side-Letter Implementation
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 authorized officers on
Huntington Beach City of Huntington Beach
Municipal Employees'Association
62re io Daniel Fre it on
Teamsters 911 City ana er
Dated: Dated: D /
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s
Judy Deniers chele rren
MEA President irector of Human Reso rces
Dated: f' `/ / Dated:
l
ROVED AS TO FORM:
Je nifer A. McGrath
ty Attorney
Dated:
Page 3 of 3
Res. No. 2012-73
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 October 15, 2012 by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
CityUlerk and ex-officio rk of the
City Council of the City of
Huntington Beach, California