HomeMy WebLinkAboutCity Council - 2012-77 RESOLUTION NO. 2012-77
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 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 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 of 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, 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
MEO.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting
thereof held on the Sth day of November, 2012.
Mayor
REV AND APPROVED:
APPROVED AS TO FORM:
C' ager / I
ity Atto ey /o.
D VED
irector o uman Resources
Resolution No. 2012-77
Exhibit"A"
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 10/15/07, 12/17/07, 03/16/09, 03/15/10, 11/15/10,
11/07/11, 03/05/12, and 08/20/12 Side Letters.
ARTICLE IX— HOURS OF WORKIADMINISTRATIVE LEAVE
A. Holiday Closure
i. December 24, 26, 27, 28, 31, 2012, 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 forty-four (44) 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 forty-four (44) 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 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). Any
employee required by the Department Head to work during any portion of the
"Holiday Closure" will be required to take the equivalent time off between
January 5, 2013 and July 5, 2013.
B. Time Accounting
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 Manager 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.
iv. The payroll accounting methods (furlough, use of leave accruals, alternative
equivalent time taken in-lieu of "Holiday Closure" dates) listed herein may be
Resolution No. 2012-77
Exhibit W
used in any approved combination for a period not to exceed six months but
not later than the pay period ending July 05, 2013.
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 but not later than 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. 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 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 MEO MOU Exhibit E — Leave Benefits #5 — Holidays,
shall apply.
ii. All provisions pursuant to MEO MOU Exhibit F — Leave Benefits #5 — Holidays,
shall apply.
ARTICLE XIII - CITY RULES
C. Rules Governing Layoff Reduction in Lieu of Layoff and Re-Employment
3. Notification of Employees
a. The Human Resources Department shall give written notice of layoff to
the employee by personal service or by sending it by certified mail to
the last known mailing address at least thirty (30) calendar days prior
to the effective date of the layoff. Normally notices will be served on
employees personally at work.
Resolution No. 2012-77
Exhibit"A"
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
Scott Field Fr
President C' Mar1ilson
/ger
Dated: Z /�� Dated: 0 /�
%ch'ele6t
Tom Graham ren
Vice President )irector of Human Resources
Dated: Dated: 1d l 7
APPROVED AS TO FORM:
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jJe4nnir cGrath
ity Attorney
Dated: /6 '�-�
Res. No. 2012-77
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 5, 2012 by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
A
City rk and ex-officio CI of the
City Council of the City of
Huntington Beach, California