HomeMy WebLinkAboutCity Council - 2012-80 RESOLUTION NO. 2012-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE
MARINE SAFETY MANAGEMENT ASSOCIATION(MSMA),BY ADOPTING THE SIDE
LETTER OF AGREEMENT
WHEREAS, on October 3, 2011, the City Council of Huntington Beach adopted Resolution
No. 2011-80 for the purpose of adopting the Memorandum of Understanding (MOU) between the City
and the Marine Safety Management Association(MSMA);
Subsequent to the adoption of the MOU, the City of Huntington Beach and MSMA 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 MSMA ("Side Letter Agreement") attached hereto as Exhibit A and
incorporated herein by this reference. The Side Letter Agreement pertains to On-Call compensation.
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
MSMA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting
thereof held on the 19th day of November, 2012.
Mayor
REV AND APPROVED:
APPROVED AS TO FORM:
C ager
City Attorney
VED.
ecto uman Resources
Resolution 2012-XX
Exhibit"A"
City of Huntington Beach
SIDE LETTER AGREEMENT
The Marine Safety Management Association ("MSMK) and the City of Huntington Beach ("City") hereby
agree to this side letter to the 10/1/11 —9/30/13 Memorandum of Understanding.
ARTICLE VIII—HOURS OF WORK/OVERTIME
E. On-Call
An employee scheduled to be on-call shall be compensated one (1) hour at the straight pay rate.
On-call assignments and assignment duration shall be determined by operational schedules. On-
call assignment shall not overlap the normal operational period.
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 hav�ee�,caused this SIDE LETTER AGREEMENT to be executed by
and through their authorized officers on/I!9//&A"44y ./9 "/01
Marine Safety Manage ent Association City of Huntington Beach
C
Michael S. Bartlett Fre it"son
President City anader
'Dated:_ �-l _ Dated:
Eric Dieterman a rren
Vice President D' ctor of Human Resources
Dated: yt Dated:
PPROVED AS TO`�RM�'.
J nifer M. McGrath
`--City Attorney
Dated:
Res. No. 2012-80
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 19, 2012 by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio ie"rk of the
City Council of the City of
Huntington Beach, California