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HomeMy WebLinkAbout13 SIDE LETTERS FOR TMEA AND TPSSAAgenda Item 13 Reviewed: r AGENDA REPORT City Manager Finance Director eN1 MEETING DATE: AUGUST 4, 2015 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES SUBJECT: SIDE LETTERS TO THE MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION SUMMARY Adoption of the attached Resolutions and Side Letters to the Memoranda of Understanding (MOU) will authorize terms and conditions of employment for employees in classifications represented by the Tustin Police Support Services Association (TPSSA) and the Tustin Municipal Employees Association (TMEA) in accordance with City Council direction. RECOMMENDATION It is recommended that the City Council adopt the following resolutions: 1. Resolution No. 15-48 amending the City's Classification and Compensation Plans and approving the Side Letter to the Memorandum of Understanding with TPSSA for the period of July 1, 2015 through June 30, 2018; and 2. Resolution No. 15-49 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TMEA for the period of July 1, 2015 through June 30, 2018. FISCAL IMPACT The terms of these two agreements will result in an additional cost of approximately $95,189 over the three-year term of the agreements. BACKGROUND AND DISCUSSION The City of Tustin ("City") previously agreed to a memorandum of understanding (MOU) for the period July 1, 2015 through June 30, 2018 with the Tustin Police Support Services Association (TPSSA) and a memorandum of understanding (MOU) for the period July 1, 2015 through June 30, 2018 with the Tustin Municipal Employees City Council Agenda Report August 4, 2015 Side Letters to the MOU with TPSSA and TMEA Page 2 Association (TMEA). The parties subsequently negotiated over certain changes to the City of Tustin's Personnel Rules subject to the meet and confer process. In exchange for numerous agreements on revisions to the Personnel Rules, the City agreed to provide employees represented by both TPSSA and TMEA with an enhanced lump sum payment in the third year of the agreement and additional cash out of General Leave during the term of the agreement. Specifically, the City agreed to enhance the one-time lump sum payment effective July 1, 2017 from the equivalent of 4% of each group's average base salary to the equivalent of 5% of each group's average base salary. In addition, the City agreed to increase the additional opportunity to voluntarily cash out accrued General Leave from 37 to 58 hours once each fiscal year during the term of the agreement to 40 to 60 hours once each fiscal year during the term of the agreement. In L�-- Derick YasucFa Director of Human Resources Attachments: 1. City Council Resolution No. 15-48 2. Side Letter to the MOU between the City and TPSSA for July 1, 2015 through June 30, 2018 3. City Council Resolution No. 15-49 4. Side Letter to the MOU between the City and TMEA for July 1, 2015 through June 30, 2018 RESOLUTION NO. 15-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, the City Council of the City of Tustin, California (the "City") has authorized and directed, under the provisions of the City's Personnel Rules, Resolution No. 10-94, the preparation of a Classification and Compensation Plan for all employees in the City service; and WHEREAS, Resolution No. 10-94 requires that amendments or revisions to the Classification and Compensation Plan be approved by resolution of the City Council; and WHEREAS, the City and the Tustin Police Support Services Association (TPSSA) have met and conferred in good faith in accordance with the requirements of the Meyers-Milias-Brown Act; and WHEREAS, the City and TPSSA previously reached agreement on wages, hours, and terms and conditions of employment effective July 1, 2015 through June 30, 2018, as set forth in a Memorandum of Understanding; and WHEREAS, the parties negotiated over certain changes to the City's Personnel Rules subject to the meet and confer process and in exchange for numerous agreements the City agreed to modify wages, hours, and terms and conditions of employment effective July 1, 2015 through June 30, 2018, as more particularly set forth in the attached Side Letter to the Memorandum of Understanding: NOW, THEREFORE, BE IT RESOLVED: The Side Letter to the Memorandum of Understanding between the City and TPSSA, effective July 1, 2015, is hereby approved and incorporated herein by reference as though fully set forth herein and staff is authorized to amend the City's Classification and Compensation Plans accordingly. II. This Resolution shall become effective on July 1, 2015, and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded. Resolution 15-48 Page 1 of 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 4th day of August 2015. CHARLES E. PUCKETT Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN 1 I, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 15-48 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 4th day of August 2015, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Resolution 15-48 Page 2 of 2 SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE SUPPORT SERVICES ASSOCIATION TERM: July 1, 2015 to June 30, 2018 The City of Tustin ("City') and the Tustin Police Support Services Association (TPSSA) previously agreed to a memorandum of understanding (MOU) for the period July 1, 2015 through June 30, 2018. The parties subsequently negotiated over certain changes to the City of Tustin's Personnel Rules subject to the meet and confer process. In exchange for numerous agreements on revisions to the Personnel Rules, the City agreed to provide employees represented by TPSSA with an enhanced lump sum payment in the third year of the agreement and additional cash out of General Leave during the term of the agreement. Accordingly, Article 9.F of the MOU shall be modified such that it reads, in its entirety, as follows: With the paycheck issued for the pay period which includes July 1, 2017, all unit employees who are employed by the City on the effective date will receive a one-time lump sum payment of three thousand, three hundred and ninety-seven dollars ($3,397.00). In accordance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), this lump sum payment will not be reported to CaIPERS for purposes of retirement. In addition, Article 25.D of the MOU shall be modified such that it reads, in its entirety, as follows: Once per fiscal year, each regular and promotional probationary employee may request to be paid for a maximum of twenty (20) hours of accrued General Leave. General Leave Cash Out will be granted once per fiscal year per employee. For all three years of the term of this MOU (July 1, 2015 through June 30, 2016, July 1, 2016 through June 30, 2017 and July 1, 2017 through June 30, 2018) once per fiscal year employees may cash out additional accrued General Leave as follows based on years of service used to determine General Leave accrual rates, provided employees have at least 160 hours of accrued General Leave at the time of cash out: 0-5 years 40 additional hours per year 6-10 years 50 additional hours per year Over 10 years 60 additional hours per year The additional hours may be cashed out at the same time as the initial 20 hours or at one additional time during each fiscal year. Additionally, any of the GL cash -out may be directed to the employee's deferred compensation account up to the statutory limits for deferred compensation (in 2015, the statutory limits are $18,000 per year, with a catch-up limit of $36,000). FOR THE CITY OF TUSTIN FOR THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION Derick Yasuda, Director of Human Resources Jamie Newton, OCEA Date Date RESOLUTION NO. 15-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, the City Council of the City of Tustin, California (the "City") has authorized and directed, under the provisions of the City's Personnel Rules, Resolution No. 10-94, the preparation of a Classification and Compensation Plan for all employees in the City service; and WHEREAS, Resolution No. 10-94 requires that amendments or revisions to the Classification and Compensation Plan be approved by resolution of the City Council; and WHEREAS, the City and the Tustin Municipal Employees Association (TMEA) have met and conferred in good faith in accordance with the requirements of the Meyers-Milias-Brown Act; and WHEREAS, the City and TMEA previously reached agreement on wages, hours, and terms and conditions of employment effective July 1, 2015 through June 30, 2018, as set forth in a Memorandum of Understanding; and WHEREAS, the parties negotiated over certain changes to the City's Personnel Rules subject to the meet and confer process and in exchange for numerous agreements the City agreed to modify wages, hours, and terms and conditions of employment effective July 1, 2015 through June 30, 2018, as more particularly set forth in the attached Side Letter to the Memorandum of Understanding: NOW, THEREFORE, BE IT RESOLVED: I. The Side Letter to the Memorandum of Understanding between the City and TMEA, effective July 1, 2015, is hereby approved and incorporated herein by reference as though fully set forth herein and staff is authorized to amend the City's Classification and Compensation Plans accordingly. II. This Resolution shall become effective on July 1, 2015, and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded. Resolution 15-49 Page 1 of 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 4t' day of August 2015. CHARLES E.PUCKETT Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 15-49 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 4th day of August 2015, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Resolution 15-49 Page 2 of 2 SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION TERM: July 1, 2015 to June 30, 2018 The City of Tustin ("City') and the Tustin Municipal Employees Association (TMEA) previously agreed to a memorandum of understanding (MOU) for the period July 1, 2015 through June 30, 2018. The parties subsequently negotiated over certain changes to the City of Tustin's Personnel Rules subject to the meet and confer process. In exchange for numerous agreements on revisions to the Personnel Rules, the City agreed to provide employees represented by TMEA with an enhanced lump sum payment in the third year of the agreement and additional cash out of General Leave during the term of the agreement. Accordingly, Article 12.E of the MOU shall be modified such that it reads, in its entirety, as follows: With the paycheck issued for the pay period which includes July 1, 2017, all unit employees who are employed by the City on the effective date will receive a one-time lump sum payment of three thousand, two hundred and eighty-one dollars ($3,281.00). In accordance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), this lump sum payment will not be reported to CalPERS for purposes of retirement. In addition, Article 28.D of the MOU shall be modified such that it reads, in its entirety, as follows: Once per fiscal year, each regular and promotional probationary employee may request to be paid for a maximum of twenty (20) hours of accrued General Leave. General Leave Cash Out will be granted once per fiscal year per employee. For all three years of the term of this MOU (July 1, 2015 through June 30, 2016, July 1, 2016 through June 30, 2017 and July 1, 2017 through June 30, 2018) once per fiscal year employees may cash out additional accrued General Leave as follows based on years of service used to determine General Leave accrual rates, provided employees have at least 160 hours of accrued General Leave at the time of cash out: 0-5 years 40 additional hours per year 6-10 years 50 additional hours per year Over 10 years 60 additional hours per year The additional hours may be cashed out at the same time as the initial 20 hours or at one additional time during each fiscal year. Additionally, any of the GL cash -out may be directed to the employee's deferred compensation account up to the statutory limits for deferred compensation (in 2015, the statutory limits are $18,000 per year, with a catch-up limit of $36,000). FOR THE CITY OF TUSTIN FOR THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION Derick Yasuda, Director of Human Resources Jamie Newton, OCEA Date Date