HomeMy WebLinkAbout11 TEMPORARY SUSPENSION OF CAP ON ACCRUAL OF PAID GLAgenda te
AGENDA REPORT Reeweld m
Reviewed: 1 1
City Manager
Finance Director p'
MEETING DATE: MARCH 20, 2020
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MATTHEW S. WEST, CITY MANAGER
SUBJECT: TEMPORARY SUSPENSION OF CAP ON ACCRUAL OF PAID GENERAL LEAVE FOR
NON-EXECUTIVE MANAGEMENT EMPLOYEES
SUMMARY:
The City and various employee associations have previously met, conferred, and agreed to place
a cap on the accrual of paid General Leave. Additionally, the City Council has applied the same
cap on the accrual of paid General Leave to various unrepresented employee groups. In response
to the COVID-19 pandemic, numerous City employees who have already reached, or will soon
reach, their maximum accrual limit have continued to report to work to provide essential services.
To ensure the continued provision of such services, a temporary suspension of the cap on accrual
of paid General Leave is recommended.
RECOMMENDATION:
That the City Council adopt Resolution No. 20-15 authorizing the City Manager, in his capacity as the
Director of Emergency Services, to suspend the cap on the accrual of paid General Leave for non -
Executive Management employees for a period of 90 days, or for the duration of the declared local
state of emergency, whichever is longer.
FISCAL IMPACT:
Due to IRS limitations on the ability to cash out General Leave, any additional General Leave hours
accrued under this policy would likely be used for purposes of taking time off in the future rather than
being converted to cash. Therefore, the proposed changes are not expected to have a direct fiscal
impact.
BACKGROUND AND DISCUSSION:
The City has entered into labor agreements with the following employee associations: the Tustin
Municipal Employees Association (TMEA), Tustin Police Officers Association — Police Officer Unit
(TPOA), Tustin Police Officers Association — Police Management Unit (TPMA), Tustin Police Support
Services Association (TPSSA), and Tustin Police Support Services Management Association
(TPSSMA). Each of these agreements imposes a cap on the maximum amount of paid General
Leave a represented employee may accrue. The City Council has adopted resolutions that apply the
same cap on the maximum accrual of paid General Leave for the following unrepresented employee
groups: Management, Supervisory, and Confidential.
In response to the COVID-19 pandemic, numerous City employees who have already reached, or will
soon reach, their maximum accrual limit have continued to report to work to provide essential
TEMPORARY SUSPENSION OF CAP ON ACCRUAL OF PAID GENERAL LEAVE
March 20, 2020
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services. To ensure the continued provision of these essential services, staff recommends a
temporary suspension of the cap on accrual of paid General Leave for those employees subject to
the above -listed labor agreements and resolutions.
Approval of Resolution No. 20-15 would authorize the City Manager, in his capacity as the Director
of Emergency Services, to suspend the cap on the accrual of paid General Leave for non -Executive
Management employees for a period of 90 days. Any additional paid General Leave accrued by an
employee could be used after the temporary General Leave cap suspension period expires.
Unrepresented Executive Management employees are also subject to a cap on the maximum amount
of paid General Leave they may accrue. However, any action taken with respect to local agency
executive compensation and benefits must be taken at a regular meeting (Gov't Code § 54946).
Therefore, staff will return with a recommendation to lift the accrual cap for executive management
employees at the next regular meeting of City Council.
ATTACHMENTS:
A. Resolution No. 20-15
RESOLUTION NO. 20-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE CITY MANAGER, ACTING AS THE
DIRECTOR OF EMERGENCY SERVICES, TO SUSPEND THE CAP ON
ACCRUAL OF PAID GENERAL LEAVE FOR NON-EXECUTIVE
MANAGEMENT EMPLOYEES
WHEREAS, the City has entered into labor agreements with the following
employee associations: the Tustin Municipal Employees Association (TMEA), Tustin
Police Officers Association Police Officer Unit (TPOA), Tustin Police Officers Association
Police Management Unit (TPMA), Tustin Police Support Services Association (TPSSA),
Tustin Police Support Services Management Association (TPSSMA) (collectively, the
"Labor Agreements"); and
WHEREAS, the City Council has adopted resolutions pertaining to the
compensation and benefits of the following unrepresented employee groups:
Management, Supervisory, and Confidential (collectively, the "Resolutions"); and
WHEREAS, the Labor Agreements and Resolutions impose a cap on the
maximum amount of paid General Leave an employee may accrue; and
WHEREAS, on March 16, 2020 the City Manager, acting as the Director of
Emergency Services, declared a local emergency in response to the COVID-19
pandemic; which proclamation was subsequently ratified by the City Council; and
WHEREAS, numerous City employees who have already reached, or will soon
reach, their maximum accrual limit have continued to report to work to provide essential
services during this emergency; and
WHEREAS, to ensure the continued provision of essential services, the City
Council desires to temporarily suspend the cap on accrual of paid General Leave for
those employees subject to the Labor Agreements and Resolutions.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1: The above recitals are true and correct, and are incorporated herein
by reference.
SECTION 2: The City Manager, acting as the Director of Emergency Services, is
authorized to suspend the cap on the accrual of paid General Leave for employees
subject to the Labor Agreements and Resolutions for a period of 90 days, or for the
duration of the declared local state of emergency, whichever is longer.
Resolution No. 20-15
SECTION 3: Any additional paid General Leave accrued by an employee pursuant
to this Resolution may be used after the expiration of the temporary suspension of the
General Leave accrual cap.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Tustin held on the 20th day of March 2020.
Dr. ALLAN BERNSTEIN,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
Resolution No. 20-15
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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 is five;
that the above and foregoing Resolution No. 20-15 was duly and regularly passed and
adopted at a special meeting of the City Council held on the 20th day of March, 2020 by the
following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
ERICA N. YASUDA,
City Clerk
Resolution No. 20-15