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HomeMy WebLinkAboutCity Council - 2015-82 RESOLUTION NO. 2 015-8 2 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 AGREEMENT WHEREAS,the City of Huntington Beach elects to implement a holiday closure for the period of Thursday, December 24, 2015, (including Christmas Day, Friday, December 25, 2015), ,and Thursday December 31, 2015 (including New Year's Day, Friday, January 1, 2016), 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 MEO employees to take paid leave for select dates over the period December 24, 2015 and December 31, 2015, and WHEREAS, on March 17, 2014, the City Council of Huntington Beach adopted Resolution No. 2014-13 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Management Employees' Organization(MEO); and a , WHEREAS, on August 4, 2014, the City Council of the City of Huntington Beach adopted Resolution No. 2014-57 extending the term of the Memorandum of Understanding between the City and the Management Employees' Organization(MEO), and Subsequent to the adoption of the MOU and the extension thereof,the City of Huntington Beach and MEO agreed to changes, corrections, and clanfications 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. 2015 MEO Holiday Closure Resolution No . 2015-82 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7 t h day of December , 2015 or REVI ND APPROVED /1 APPROVED AS RM- Ci er rty Mey IN SAND AP ED ector of H an Resources 2015 MEO Holiday Closure City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Management Employees Organization (MEO) and the City of Huntington Beach (CITY) hereby agree to the following terms related to the MEO MOU with respect to the following: ARTICLE IX—HOURS OF WORK/ADMINISTRATIVE LEAVE D Hohdav Closure i Thursday, December 24, 2015, and Thursday, December 31, 2015, will be known and referred to as "Holiday Closure" for the dates specified Some departments, at the discretion of the Department Director with the approval of the City Manager, will be excluded from the holiday closure and employees must work as scheduled ii Employees will use approved leave accruals (administrative leave or general leave) to account for the time away from work during the Holiday Closure days of December 24, 2015 and December 31, 2015 III Employees who wish to take time off in addition to the Holiday Closure must seek approval to do so from their department head IV Employees will not report to work on any of the designated holiday closure days December 24, 2015, December 25, 2015 (Christmas Day), December 31, 2015, and January 1, 2016 (New Years Day) v Employees on the 9/80 work schedule FLEX A, will not be required to account for Holiday Closure hours for December 24, 2015 as this will be considered the appropriate "Flex" Friday exchange day Employees on the 9/80 work schedule FLEX B, will not be required to account for Holiday Closure hours for December 31, 2015 as this will be considered the appropriate"Flex" Friday exchange day a Employees on the 9/80 work schedule FLEX A, will be required to account for Holiday Closure hours for December 31, 2015 and will be required to use a leave bank (either Administrative Leave and/or General Leave) b Employees on the 9/80 work schedule FLEX B, will be required to account for Holiday Closure hours for December 24, 2015 and will be required to use a leave bank (either Administrative Leave and/or General Leave) c Employees working a non-FLEX schedule may be required to utilize a leave bank (either Administrative Leave and/or General Leave) for one or more holiday closure days, depending upon the employee's work schedule a Time Accounting i Members of this unit will be required to account via payroll for the appropriate leave time associated with the Holiday Closure and any additional elective approved time off ii The payroll accounting of the Holiday Closure will include use of approved leave accruals (2015 calendar year administrative leave, or general leave) or alternative equivalent time taken in-lieu of the specific Holiday Closure dates referenced herein Payroll accounting for Holiday Closure time not specifically listed herein must be approved by the City Manager or designee III The payroll accounting methods listed herein may be used in any approved combination IV All Holiday Closure hours are to be accounted for via payroll effective the pay period ending January 1, 2016 MEO Side Letter 12-07-15 v Any Holiday Closure hours not voluntarily accounted for via payroll as of the end of the pay period ending January 1, 2016, shall be accounted for in the following order until a zero balance is achieved 1 Administrative Leave 2 General Leave 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 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 .LEC-a-2 7. ZO/Ir 10 Huntington Beach City P t' gton Beach Man s Organization Scott Smith FrA0 A Ison President CWY Manager Dated 12- 7- Datei 6 Jane Cameron is le Warren Vice-President ector of Human R ourc s Dated / _-2 Aaron Peardon mer OCEA Representative Assistant City Manager Dated Dated it 2_2— 1 APPROVED AST M: Heather Sutherland OCEA Representative Mic el Gates Dated C Attorney Dated / / COUNTERPART MEO Side Letter 12-07-15 v Any Holiday Closure hours not voluntarily accounted for via payroll as of the end of the pay period ending January 1, 2016, shall be accounted for in the following order until a zero balance is achieved 1 Administrative Leave 2 General Leave 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 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 4, Huntington Beach City of Huntington Beach Management Employees Organization Scott Smith Fred A Wilson President City Manager Dated Dated Jane Cameron Michele Warren Vice-President Director of Human Resources Dated Dated Aaron Peardon Ken Domer OCEA Representative Assistant City Manager Dated Dated r APPROVED AS TO FORM: Hea er u erlan OCEA Representative -� Michael Gates Dated City Attorney Dated COUNTERPART MEO Side Letter 12-07-15 Res. No. 2015-82 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 December 7, 2015 by the following vote AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson NOES: None ABSENT: None ABSTAIN: None Air City C rk and ex-offic Clerk of the City Council of the City of Huntington Beach, California 1 I I