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HomeMy WebLinkAboutReso - CC - 059-2017RESOLUTION NO. 59-2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE SIDE LETTER AGREEMENTS WITH THE POLICE OFFICERS ASSOCIATION AND THE ASSOCIATION OF POLICE ADMINISTRATORS WHEREAS, the City held meet and confer sessions with the Police Officers Association and the Association of Police Administrators, whose Memoranda of Understanding (MOU) expire on December 31, 2018, in order to discuss certain changes to the MOUs; and WHEREAS, the amendments are related to language changes to Article 17.2 Retiree Medical and Article 6.1 Premium Pays of the Police Offers Association MOU and Article 15.2 Retiree Medical, Article 16 Uniform Allowance, Article 5.1 Premium Pay, and Article 10 Administrative Leave of the Association of Police Administrators MOU; and WHEREAS, the proposed amendments regarding retiree health will replace the now obsolete Blue Shield HMO plan with a City contribution equal to the third highest cost plan offered by CalPERS medical; and WHEREAS, the proposed amendments regarding flat rate premium pay will memorialize the City's actual contribution to flat rate premium pay for the Association of Police Administrators; and WHEREAS, the proposed amendments regarding uniform allowance will comply with the CaIPERS requirement to pay uniform pay as earned, on a bi-weekly basis; and WHEREAS, the proposed amendments regarding specialty pay will provide a seven percent (7%) differential for Community Response Team (C.R.T.) officers, reported to CalPERS as special compensation in compliance with the California Code of Regulations (CCR) contained in the Public Employment Retirement Law (PERL) for the Police Officers Association; and WHEREAS, the proposed amendments regarding administrative leave are made to comply with the IRS Regulations Section 1.451-2(a) doctrine of constructive receipt, for the Association of Police Administrators; and WHEREAS, the City and the Police Officers Association have met and conferred, and signed a side letter to amend the MOU for retiree medical and specialty pay for Community Response Team officers; and WHEREAS, the City and the Association of Police Administrators have met and conferred, and signed a side letter to amend the MOU for retiree health, uniform pay, flat rate premium pay; and administrative leave. NOW, THEREFORE, BE IT RESOLVED, 1. The amendments to the Memoranda of Understanding for the Police Officers Association and the Association of Police Administrators, set forth in the Side Letters attached as Exhibits A and B, are approved. 2. The City Manager is authorized and directed to execute the Side Letter agreements with the Police Officers Association and the Association of Police Administrators. /l .. Ortiz, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 19th day of June 2017, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE e g sse - earer, City Clerk SIDE LETTER AGREEMENT BETWEEN THE CITY OF BURLINGAME AND BURLINGAME POLICE OFFICERS ASOCIATION Retiree Health Representatives for Burlingame Police Officers Association hereinafter "Association" and representatives for the City of Burlingame, hereinafter "City" have met and conferred in accordance with Government Code Section 3500 and have mutually agreed to modify the MOU between the parties, which expires on December 31, 2018, in the following manner: Section 17.2 Retiree Medical will be amended to read as follows: 17.2.2 Retiree Medical for Employees Hired Prior to June 26, 2006 Who Retire On or After January 1 2017 (Tier 1a): Effective January 1, 2017, employees hired prior to June 26, 2006, who retire from the City with five (5) years of City service, will receive a retiree medical benefit in accordance with the following: For eligible retirees, the City contribution will be equivalent to the Bay Area Region premiums for Blue Shield Access HMO Single, Blue Shield Two -Party, or Kaiser Family coverage as applicable. For eligible retirees who are 65 years of age or older and enrolled in Medicare, the City contribution will be equivalent to the Medicare supplement plan premium for the Bay Area Region for Blue Shield Access HMO Single, Blue Shield Two -Party, or Kaiser Family coverage as applicable. If the Blue Shield Access HMO or Kaiser is no longer offered by CaIPERS medical, the employee will receive the contribution equal to the third highest cost plan offered by CaIPERS medical. If the foregoing is in accordance with your understanding, please indicate your approval and acceptance in the space provided below. Approved and Accepted: For Burlingame Police Officers Association GH�J2C�S For City of Burlingame Date: Date: SIDE LETTER AGREEMENT BETWEEN THE CITY OF BURLINGAME AND BURLINGAME POLICE OFFICERS ASOCIATION Premium Pays Premium pays include differentials that are to be paid for specialty assignments. Premium pay differentials are a category of Special Compensation paid to eligible employees. Special Compensation is delineated specifically and exclusively in the regulations adopted in the California Code of Regulations (CCR) Section 571 (a) and (b). Memorandum of Understanding (MOU) language must meet the definitions in these regulations for the differential to be accurately paid and reported as earned compensation. Representatives for Burlingame Police Officers Association hereinafter "Association" and representatives for the City of Burlingame, hereinafter "City" have met and conferred in accordance with Government Code Section 3500 and have mutually agreed to modify the MOU between the parties, which expires on December 31, 2018, in the following manner: Section 6 Salary Plan and Premium Pays will be amended to read as follows: 6.1 Premium Pays will be provided as follows: 6.1 11 The City will provide a seven percent (7%) premium pay differential to Association members assigned to the Community Response Team (C.R.T.). This is a two (2) year rotational assignment, requiring employees to work a variety of non-standard shifts. This differential is Special Compensation (shift differential) paid to employees who in addition to C.R.T. special duties, are routinely and consistently scheduled to work other than a standard "daytime" shift. If the foregoing is in accordance with your understanding, please indicate your approval and acceptance in the space provided below. Approved and Accepted: For Burlingame Police Officers Association -r cNis.e<E"s' w�Y For City of Burlingame Date: Date: SIDE LETTER AGREEMENT BETWEEN THE CITY OF BURLINGAME AND POLICE ADMINISTRATORS Retiree Health Representatives for Police Administrators Association hereinafter "Administrators Association" and representatives for the City of Burlingame, hereinafter "City" have met and conferred in accordance with Government Code Section 3500 and have mutually agreed to modify the Memorandum of Understanding between the parties, which expires on December 31, 2018, in the following manner: 15.2.2 Retiree Medical for Employees Hired Prior to June 26, 2006 Who Retire On or After January 1, 2014 (Tier 1a): Effective January 1, 2014, employees hired prior to June 26, 2006, who retire from the City with five (5) years of City service, will receive a retiree medical benefit in accordance with the following: • For eligible retirees, the City contribution will be equivalent to the Bay Area Region premiums for Blue Shield Access HMO Single, Blue Shield Two -Party, or Kaiser Family coverage as applicable. • For eligible retirees who are 65 years of age or older and enrolled in Medicare, the City contribution will be equivalent to the Medicare supplement plan premium forthe Bay Area Region for Blue Shield Access HMO Single, Blue Shield Two -Party, or Kaiser Family coverage as applicable. If the Blue Shield Access HMO or Kaiser is no longer offered by CaIPERS medical, the employee will receive the contribution equal to the third highest cost plan offered by CaIPERS medical. Approved and Accepted: For Police Administtr�rratto�orr--s� For City of Burlingame Date: 5/25h_7 Date: SIDE LETTER AGREEMENT BETWEEN THE CITY OF BURLINGAME AND POLICE ADMINISTRATORS Representatives for Police Administrators Association hereinafter "Administrators Association" and representatives for the City of Burlingame, hereinafter "City" have met and conferred In accordance with Government Code Section 3500 and have mutually agreed to modify the Memorandum of Understanding between the parties, which expires on December 31, 2018, in the following manner: Section 16 Uniform Allowance. Section 16 will be amended to read as follows: 16. UNIFORM ALLOWANCE Effective January 1, 2008 the City agrees to pay one thousand and sixty dollars ($1,060 annually per employee. Effective June 26 2017, uniform allowance will be paid bi-weekly with the regular payroll check. 16.2-1 It is understood that the City shall provide and maintain all employees with required safety equipment. Any failure or refusal by any employee to care for and maintain a proper uniform or equipment shall be deemed cause for discipline. Section 5.1. Premium Pay. Section 5.1.5.1 will be amended to read as follows: An employee with a POST certificate shall receive a premium pay differential in the following amounts: POST Advance Certificate= $430/month POST Supervisory Certificate=$700/month POST Management Certificate=885/month Effective June 26 2017 the POST certificate pay will be: POST Advance Certificate = $468.70 POST Supervisory Certificate=$763.00 POST Management Certificate=$924.82 Effective June 26, 2017 section 10 Administrative Leave will be amended to read as follows: Section 10 Administrative Leave. .. i1GLf71�.Ti[I�RINII7ZT.['lST�i_1I11/11R.'ZT... _ .. . - e71t7n1=17'lriT In lieu of overtime Police Captains and Police Lieutenants receive 84 hours of administrative leave per fiscal year. Administrative leave is prorated based on the date of promotion. Police Sergeants receive 64 hours of administrative leave and are entitled to overtime. 10.1 Administrative Leave Payout Emplovees eligible for administrative leave may have a maximum of one year of administrative leave on the books and may request administrative leave payout at any time by submitting the payout request on the timesheet. When administrative leave balances exceed the one-year maximum of 84 hours for Police Captains and Lieutenants and 64 hours for Police Sergeants, hours that exceed the one-year maximum will automatically be paid out. Approved and Accepted: For Police Administrators Qo b rx'? 110J - P — r11CF�{f1 t✓141rviCCl !It/I r'-114- For City of Burlingame Date: 2—'3//-7 Date: