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HomeMy WebLinkAbout08 TEMPORARY SUSPENSION OF GENERAL LEAVE CAPAgenda Item _______ Reviewed: City Manager _______ Finance Director _______ MEETING DATE: NOVEMBER 21, 2023 TO: NICOLE BERNARD, ACTING CITY MANAGER FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES SUBJECT: TEMPORARY SUSPENSION OF GENERAL LEAVE CAP SUMMARY Adoption of the attached Resolution w ill temporarily suspend the cap on the accrual of General Leave to ensure the continued provision of essential services . RECOMMENDATION Adopt Resolution No. 23-57 to authorize the City Manager, acting as the Director of Emergency Services, to suspend the cap on the accrual of General Leave for a period of 90 days, or for the duration of the declar ed local state of emergency, whichever is longer. FISCAL IMPACT The proposed change is not expected to have a significant direct fiscal impact. Due to existing City and IRS limits on the hours of General Leave that may be cashed out, staff expects that the majority of additional General Leave accrued under this policy will be used for time off in the future rather than being converted to cash. BACKGROUND AND DISCUSSION The City provides all full-time employees with General Leave, a combined form of paid leave that may be used for various reasons including vacation, illness, family leave, and personal business. Employees accrue General Leave on a biweekly basis, up to a maximum limit set forth in existing labor agreements and resolutions (320 – 496 hours, depending on years of City service). Once an employee reaches their General Leave cap, they no longer accrue additional General Leave. A number of City employees have already reached, or will soon reach, their maximum General Leave accrual limit and h ave continued to work extended hours in response to the North Hangar Fire and to provide other essential services. To ensure the continued provision of these essential services, staff recommends a temporary suspension of the cap on accrual of General Le ave. AGENDA REPORT DocuSign Envelope ID: 5F3AE251-9ABF-4535-A47E-0AB27153FF1F 8 N/A DocuSign Envelope ID: 557DD670-3DA3-4124-8D82-13570A97468F City Council Agenda Report November 21, 2023 Temporary Suspension of General Leave Cap Page 2 Approval of Resolut ion No. 23-57 would authorize the City Manager, in her capacity as Director of Emergency Services, to suspend the cap on the accrual of paid General Leave for a period of 90 days, or for the duration of the declared local state of emergency, whichever is longer. Any additional General Leave accrued by an employee could be used after the temporary General Leave cap suspension expires. ___________________________ Derick Yasuda Director of Human Resources Attachment: 1. City Council Resolution No. 23-57 DocuSign Envelope ID: 5F3AE251-9ABF-4535-A47E-0AB27153FF1FDocuSign Envelope ID: 557DD670-3DA3-4124-8D82-13570A97468F ______________________ Resolution 23-57 Page 1 of 3 RESOLUTION NO. 23-57 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 THE ACCRUAL OF GENERAL LEAVE WHEREAS, the City has entered into labor agreements with the Tustin Municipal Employees Association (TMEA), the Tustin Police Officers Association – Police Management Representation Unit (TPMA), the Tustin Police Officers Association – Police Officer Representation Unit (TPOA), the Tustin Police Support Services Association (TPSSA), and the 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 unrepresented Confidential, Executive Management, Management, and Supervisory employee groups (collectively, the “Resolutions”); and WHEREAS, the Labor Agreements and Resolutions impose a cap on the maximum amount of General Leave an employee may accrue; and WHEREAS, on November 9, 2023 the City Manager, acting as the Director of Emergency Services, declared a local emergency in response to the fire at the North Hangar on the decommissioned Marine Corps Air Station Tustin; 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. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The City Manager, acting as the Director of Emergency Services, is authorized to suspend the cap on the accrual of 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. DocuSign Envelope ID: 912DB561-DEA4-4515-8E56-2777A2B0FBDEDocuSign Envelope ID: 557DD670-3DA3-4124-8D82-13570A97468F _____________________ Resolution 23-57 Page 2 of 3 3. Any additional 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 regular meeting of the City Council of the City of Tustin held on the 21st day of November 2023. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney DocuSign Envelope ID: 912DB561-DEA4-4515-8E56-2777A2B0FBDEDocuSign Envelope ID: 557DD670-3DA3-4124-8D82-13570A97468F ______________________ Resolution 23-57 Page 3 of 3 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 of the City of Tustin is five; that the above and foregoing Resolution No. 23-57 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day of November 2023, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ____________________________ ERICA N. YASUDA, City Clerk DocuSign Envelope ID: 912DB561-DEA4-4515-8E56-2777A2B0FBDEDocuSign Envelope ID: 557DD670-3DA3-4124-8D82-13570A97468F