HomeMy WebLinkAboutCity Council - 2014-103 RESOLUTION NO. 2014-103
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 of noon,
Wednesday December 24, 2014,through and including Friday, December 26, 2014(which includes Christmas Day,
December 25, 2014) and noon New Year's Eve, Wednesday December 31, 2014 through and including Friday,
January 2, 2015 (including New Year's Day, Thursday, January 1, 2015), which will result in City Hall and other
non-essential City of Huntington Beach operations being closed to the public over the specified closure period; and
WHEREAS,the City of Huntington Beach elects to permit MEA employees the option to take paid leave
and/or leave without pay for select dates over the period December 24, 26, and 31, 2014, and January 2, 2015, and
will permit employees to repay any unpaid leave time over a period of three(3)months;and
WHEREAS, on July 7,2014,the City Council of Huntington Beach adopted Resolution No. 2014-34 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 December, 2014 .
r
RE VI D APPROVED:
APPRO O
CR
ger
Attorney
*ectorof
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
a. Noon Wednesday, December 24, 2014, Friday, December 26, 2014,
noon Wednesday, December 31, 2014, and Friday, January 2, 2015, will
be known and referred to as "Holiday Closure" for the dates specified.
Some departments will be excluded from the holiday closure and
employees must work a normal work schedule.
b. Employees will use approved leave laccruals (general leave,
compensatory time or personal days) or voluntary furlough (unpaid leave)
to account for the time away from work during)the Holiday Closure.
c. Employees who wish to take time off in addition to the Holiday Closure
must seek approval to do so from their department head.
d. Employees who report to work on December 24, 2014 and December 31,
2014, may opt to leave at noon on those days. Time taken off after noon
on 12/24 and/or 12/31 must be documented and accounted for as leave
time.
e. Employees will not report to work December 26, 2014, and January 2,
2015. The total number of hours of leave charged to Holiday Closure will
vary, depending upon the employee's choice,to work a full or half day on
12/24/14 and 12/31/14.
f. Employees electing to work full days on 12/214/14 and 12/31/14 will only
need to account for Holiday Closure time applied to 12/26/14 and/or
1/2/15. Employees electing to request a full day off on 12/24/14 and
12/31/14 must utilize leave for the entire work day and will also need to
account for Holiday Closure time applied to 12/26/14 and/or 01/02/15.
g. Employees on the 9/80 work schedule A, will not be required to account
for Holiday Closure hours for 12/26/14 as this will be considered as the
appropriate "Flex" Friday. Employees on the 9/80 work schedule B, will
not be required to account for Holiday Closure hours for 01/02/15 as this
will be considered as the appropriate "Flex" Friday.
i. Time Accounting
a. Members of this unit will be required to account via payroll for the
appropriate time associated with the Holiday Closure and any
additional elective approved time off.
b. The payroll accounting of the holiday closure will include, time off
without pay (voluntary furlough), use of approved leave accruals
(general leave, compensatory time or personal days) 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 Manager or
designee.
c. The payroll accounting methods listed herein may be used in any
approved combination on or before the end of the pay period ending
March 27, 2015.
d. 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 March 27, 2015.
e. All Holiday Closure hours are to be accounted for via payroll on or
before the end of the pay period ending March 27, 2015.
f. Any Holiday Closure hours not voluntarily accounted for via payroll as
of the end of the pay period ending March 27, 2015, shall be
accounted for in the following order until a zero balance is achieved:
1. Personal Days
2. Compensatory Time
3. General Leave
4. Time Off Without Pay
ii. Payroll accounting of the Holiday Closure through voluntary furlough
(time off without pay) shall not impact seniority, probationary periods, and
health or retirement benefits.
Article XII — LEAVE BENEFITS
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. Employees shall not accrue General
Leave in excess of six hundred forty (640) hours. An employee who
earns General Leave hours in excess of six hundred forty (640) hours
shall be paid the cash value of those additional hours in their paycheck.
Employees may not use their General Leave to advance their separation
date on retirement or other separation from employment.
i. Employees with General Leave accrual balances may elect to request time off with
pay (without use of accrued time banks) and may defer reimbursement to the City of
this paid leave via future payroll deductions in accordance with the provisions herein
ii. Employees who are at 640 hours of General Leave accrual (and are receiving GL
Overage pay out) as of the beginning of the pay period of December 20, 2014, may
not elect future payroll deductions as deferred repayment for the dates specified.
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 LETTER AGREEMENT to be
executed by and through their authorized officers on /.5'
Huntington Beach City of JHuntington Beach
Municipal Emplo ees'�Association
Greg:orio Daniel Frr
A. ilson
Teamsters 911 CiManager
Dated: ` z, ' ' ! '/ Dated:
It
Ju y D- r Fe Warren
`"M7EA Pres' ent D' ctor of Human Resources
Dated: l2- l oW Dated: 4,1
APPROVED 0
--IIQIicKael Gates
�ity Attorney
Dated: I
Res. No. 2014-103
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 an Regular meeting thereof held on December 15, 2014
by the following vote:
AYES: O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: Posey
ABSTAIN: None
City CVrk and ex-officio' r-k,of the
City Council of the City of
Huntington Beach, California