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HomeMy WebLinkAboutCity Council - 2018-87 RESOLUTION NO. 2018-87 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 RELATED TO 2018 HOLIDAY CLOSURE WHEREAS, the City of Huntington Beach elects to implement a holiday closure for the period of Monday December 24, 2018, (including Christmas Day, Tuesday, December 25, 2018), and Monday December 31, 2018 (including New Year's Day, Tuesday, January 1, 2019), 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, 2018 and December 31, 2018, and WHEREAS, on November 5, 2018, the City Council of Huntington Beach adopted Resolution No. 2018-64 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Management Employees' Organization (MEO); and 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 2018 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. 18-7138/193136 1 Resolution No. 2018-87 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of December, 2018 Mayor REVIE A D APPROVED: APPROVED AS TO FORM: City ag r Crty Attorney INI AND AP E ec or of Human Resources 18-7138/193136 2 Exhibit "A" 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. Holiday Closure i. Monday, December 24, 2018, Tuesday, December 25, 2018 (Christmas Day), Monday, December 31, 2018, and Tuesday, January 1, 2019 (New Years Day), 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. Public Safety operations are not impacted by the Holiday Closure and Police and Fire Personnel are required to report to work as scheduled on 12/24 and 12/31 unless otherwise advised by the Police Chief or Fire Chief. ii. Employees will use approved leave accruals (Administrative Leave or General Leave)to account for the time away from work during the Holiday Closure (12/24 and 12/31). 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, 2018, December 25, 2018 (Christmas Day), December 31, 2018, and January 1, 2019. a. 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. b. Employees working 8/5, 9/80, and Monday-Thursday 4/10 work schedules will need to account for Holiday Closure time applied to Monday, 12/24/18 and Monday, 12/31/18 depending upon work schedules. i. Employees on 4/10 schedules (Tuesday- Friday) are not impacted. ii. Tuesday, 12/25/18 and Tuesday, 01/01/19 are (paid) City Holidays. 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 (2018 and/or 2019 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 11, 2019. Exhibit "A" vi. Any Holiday Closure hours not voluntarily accounted for via payroll as of the end of the pay period ending January 11, 2019, 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 December 17th, 2018 Huntington Beach city of t'n ton Beach Managemen ion —�. colt Fre n President CitpManager Dated: / Dated: 1 ` (a�n Ve a ?Dated: Warren Vice-President ^ of Human Reurc s/ Dated: d f/ �/ d Aaron Peardon Lori Ann Farrell-Harrison OCEA Representative ) (� Assistant City Manager Dated: 4 t ` O Dated: I? 4 " APPROVED AS TO FORM: Debra Jubinski President-Elect f Y) J"'� Michael Gates Dated: /� City Attorney Dated: 1 L� Res. No. 2018-87 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 17, 2018 by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy NOES: None ABSENT: None RECUSE: None A4i� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California