HomeMy WebLinkAboutReso - CC - 091-2010RESOLUTION NO. 11-2010
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BURLINGAME APPROVING CHANGES TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BURLINGAME
AND THE POLICE OFFICERS ASSOCIATION
AND AUTHORIZING THE
CITY MANAGER TO
EXECUTE THE
MEMORANDUM OF UNDERSTANDING
ON BEHALF OF THE CITY
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City of Burlingame and the Police Officers Association have
met and conferred in good faith on the terms and conditions of employment as provided
by State law; and
WHEREAS, the City and Police Officers Association have reached agreement on
certain changes to be made to the existing terms and conditions of employment and
memorandum of understanding between the City and the Association; and
WHEREAS, the proposed changes are fair and in the best interests of the public
and the employees represented by the Police Officers Association;
NOW, THEREFORE, TT IS RESOLVED AND ORDERED:
1. The changes in existing salary of the employees represented by the Police
Officers Association as contained in Exhibit A hereto are approved.
2. The City Manager is authorized and directed to execute the terms contained in
Exhibit A and incorporate them into the Memorandum of Understanding between the
Police Officers Association and the City ofBurlingame�T
MAYOR
I, Mary Ellen Kearney, 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 a day of December, 2010, and was adopted thereafter by the following vote:
AYES: COUNCIL MEMBERS:BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: COUNCIL MEMBERS: NONE % n
ABSENT: COUNCIL MEMBERS: NONE
TTY CLERK
EXHIBIT A
Tentative Agreement
Between
City of Burlingame
And
Burlingame Police Officers Association
November 2, 2010
Section 40 Term
o The term of this agreement shall begin on January 1, 2009 and expire on
December 31, 2013.
Section 6 Salary Plan and Premium Pays
o Effective the fust pay period of January 2011, there will be an increase in
base salary for all classes of 2.0%.
o Effective the fust pay period of January 2012, there will be an increase in
base salary for all classes of 2.25%.
o Effective the first pay period of January 2013, there will be an increase in
base salary for all classes of 2.50%.
Section 6.1.4 — To be eliminated.
e The Cityv611 eentiiyder
AUsesiation, Member da d as the n,.kee De .t nt's Ge ut
Speewist-
10.1 Holiday Pay
o Employees will receive 112 hours of holiday pay per year. +ro oe spread
ll be ;,1 r =ves holiday. Effective the first Rai' period of
JanuM 2011 the City agrees to out holiday pay over 26 pay periods.
Holidaypay will be calculated by converting the number of designated
holidays in a calendar year to hours and multiplying that number by the
employee's hourly rate The figure derived will be divided by 26 pay
periods.
Section 11.3 Vacation Accumulation
o Earned vacation time may be accumulated to a maximum of two (2) times
the employee's annual accrual. Once in a calendar year (January —
December), an employee who has reached the maximum vacation accrual
may request to be paid -out up to 24 40 hours of accrued vacation time.
Such payout is subject to the Police Chief's approval.
Section 17.3 Vision
o The Association will continue vision coverage under the City's self-
insured vision pool. T7 eity will eentribute $I0.00 tWy for e ,
Section 18 Uniform Allowance
o Effective January 1, 2011, the City agrees to pay One Thousand Eighty
Five Dollars ($1,085) annually per employee.
o Effective January 1, 2012, the City agrees to pay One Thousand One
Hundred Ten Dollars ($1,110) annually per employee.
Section 17.1 Medical Flexible Benefits Plan
During the term of this contract the City intends to convert to a flexible
benefit plan structure to accommodate the tiered retiree medical benefit
provision. Under the Flexible Benefit Plan the City's monthly
contribution for the individual employee and the employee's eligible
dependents shall be One Hundred and five dollars ($105.00) per month
effective January 1, 2010 and shall adjust in accordance with the
Minimum Employer Contribution (MEC) established by the Public
Employees Medical and Hospital Care Act.
In addition, the City shall offer an Internal Revenue Code Section 125
Plan that contains the components of benefit allowance, premium
conversion, health care reimbursement account, and dependent care
reimbursement account. The City shall contribute the below -listed
amount per month toward each employee's Section 125 Plan benefit
allowance components:
Employee Only: Blue Shield HMO rate for Employee only, less
PERS required MEC
Employee plus one: Blue Shield HMO rate for Employee plus one,
less PERS required NEC
Employee plus two or more: Kaiser family rate less PERS required
MEC
An employee may use any benefit allowance stated above toward the
cost of emplgyer-provided PERS Health insurance for the employee
and eligible dependents. An employee may not use the benefit
allowance for other reasons.
Any Employee that enrolls in a Medical Plan that has a higher premium
than the City's contribution, as stated above, will pay the difference via
pre-tax payroll deductions.
NO PLAN — Any Employee that demonstrates they have medical
insurance from another service will receive Two Hundred Dollars
($200) per month in lieu of Medical Benefits. The Two Hundred
Dollars ($200) per month may be put into a Deferred Compensation
plan, Section 125 Plan, or taken in cash. Any cash payment is subject
to normal taxation.
PA
17.1.1 Retiree Medical:
For Employees hired before June 26, 2006, the City agrees to pay
medical insurance premiums for retirees and dependents. The City's
contribution shall be equal to the CalPERS Minimum Employer
Contribution (MEC) and the City's Flexible Benefit Plan
contribution stipulated in Section 17.1 ofthe MOU.
17.1.2 Retiree Medical for Employees hired after June 26, 2006 and before
November 1, 2010
For Employees hired on or after June 26, 2006, (the prejeeted date of
implementation ofthe 3.0% @50 Retirement Benefit) and before
November 1, 2010, will receive retiree medical contributions based
on years of service with the police department.
The retiree medical contribution for employees who have a service
retirement will be as follows:
Years of Service
Monthly Contribution
0 -end of 9 year
Minimum monthly amount as governed by the Ca1PERS
of service
Health System,
10 years to the
50% of the lowest medical premium provided through
end of the 14th
CalPERS approved medical providers for employee +1
year of service
dependent.
15 years to the
75% of the lowest medical premium provided through
end of the 19a'
CalPERS approved medical providers for employee +1
year of service
dependent.
20 years of
100% of the lowest medical premium provided through
service or more
CalPERS approved medical providers for employee +1
dependent.
Section 17.1.3 Retiree Medical for Employees Hired On or After November 1,
2010
o Employees hired on or after November 1, 2010 shall receive the following
contributions to a Retirement Health Saving Account, based on years of
service with the police department, in lieu of the Retiree Medical Benefits
in Section 17.1.1 and 17.1.2 Retiree Medical.
Years of Service Monthly Contribution
0- to the end of the 5th year of service 0.0%
6 years of service to the end of the 19th year 2.0%
of service
20 years of service or more 2.5%
GRIEVANCE CHANGES TO INCLUDE BINDING ARBITRATION
Section 16.2.5 Step 5:
o (a) If not satisfied with the decision at Step 4, the Association, within ten
(10) days after the receipt of the written decision at Step 4, shall inform the
Human Resources Director, in writing, of its intent as to whether or not
the grievance will be submitted to arbitration.
o An arbitrator shall be selected by mutual agreement. If no agreement can be
reached within ten (10) days of the notice, the parties shall request of the
American Arbitration Association or the State Mediation and Conciliation
Service a list of seven (7) names of persons experienced in hearing
grievances. Each party shall alternately strike a name until only one name
remains. The order of strike shall be determined by lot. The decision of the
arbitrator shall be final and binding upon all parties.
o The arbitrator will have no power to add to, subtract from, or modify the
terms of the Agreement or the written policies, rules, regulations and
procedures of the City; nor shall the arbitrator be empowered to render a
decision on issues not before the arbitrator or on facts not supported by the
evidence.
o The fees and expenses of the arbitrator and each hearing shall be borne
equally by the City and the Association. All other expenses shall be borne
by the party incurring them.
o If any question arises regarding the arbitrability of a grievance, the party
raising the question of arbitrability may, upon request, have such question
first ruled upon and decided by an arbitrator prior to any other hearing on
the merits of the grievance that would thereafter be conducted by a second
and different arbitrator. The selection of the arbitrator will be as described
in section 16.2.5 above. The fees and expenses of the separate arbitrator
deciding the issue or arbitrability shall be borne by the party that raised the
question of arbitrability.
o Waiver of Other Remedies — Except for grievances alleging a violation of
Section 4 No Discrimination, by submitting the grievance to arbitration,
the grievant expressly waives any right to statutory remedies or to the
exercise of any legal process other than as provided by this
grievancelarbitration procedure. The processing of a grievance beyond
Step 4 shall constitute an express election on the part of the grievant that
the grievancelarbitration procedure is the chosen forum for resolving the
issues contained in the grievance, and that the grievant will not resort to
any other forum or procedure for resolution or review of the issues. The
parties do not intend by the provisions of this paragraph to preclude the
enforcement of any arbitration award in any court of competent
jurisdiction.
11
Section 21 Discipline
0 21.1 Written Reprimands, Warnings, Documented Oral Counseling and
Performance Evaluations :
■ Written Reprimands, Warnings, Documented Oral Counseling and
Performance Evaluations can not be appealed in accordance with
Section 16 Grievance/Arbitration Procedure, Section 21.09 or
Section 21.10 of this Agreement
0 21.2 Demotion:
■ No permanent employee shall be demoted in grade or pay step for
disciplinary reasons without just cause, and no employee shall be
demoted to a position for which he does not possess the minimum
qualifications. Written notice of demotion shall be given by the
Police Chief to the employee before the effective date ofthe
demotion. The employee shall be entitled to appeal the action in
accordance with Section 16.2.5.
0 21.3 Suspension Without Pay Of More Than 40 Hours:
■ The Police Chief may suspend without pay an employee from his
position at any time for disciplinary purposes. No permanent
employee shall be suspended without pay for disciplinary reasons
without just cause. Suspension without pay shall not exceed thirty
(30) calendar days without confirmation by the City Manager. Such
suspension shall be in accordance with applicable State and Federal
laws. The Association shall be entitled to appeal a suspension
without pay of more than 40 hours in accordance with Section 16.2.5
ofthis agreement.
0 21.4 Suspension Without Pay Of 40 Hours Or Less:
■ The Police Chief may suspend without pay an employee from his
position at any time for disciplinary purposes. No permanent
employee shall be suspended without pay for disciplinary reasons
without just cause. Suspension without pay shall not exceed thirty
(30) calendar days without confirmation by the City Manager. Such
suspension shall be in accordance with applicable State and Federal
laws. The employee shall be entitled to appeal suspension without
pay of forty (40) hours or less in accordance with Section 21.9.
0 21.5 Reductions In Pay Equal To More Than A 40 Hour Suspension
Without Pav
■ The Police Chief may reduce an employees pay at any time for
disciplinary purposes. Reductions in pay shall not exceed the
equivalent of a thirty (3 0) calendar days suspension without pay
without confirmation by the City Manager. Such reductions in pay
shall be in accordance with applicable State and Federal laws. An
employee shall be entitled to appeal a reduction in pay of the
equivalent of more than forty (40) hours suspension without pay in
accordance with Section 16.2.5.
o 21.6 Reductions In Pav Equal to 40 Hours Or Less Suspension Without
pay
■ The Police Chief may reduce an employee's pay at any time for
disciplinary purposes. Reductions in pay shall not exceed the
equivalent of a thirty (30) calendar days suspension without pay
without confirmation by the City Manager. Such reductions in pay
shall be in accordance with applicable State and Federal laws. An
employee shall be entitled to appeal a reduction in pay of the
equivalent of forty (40) hours or less suspension without pay in
accordance with Section 21.9.
0 21.7 Discharee
■ A permanent employee maybe discharged for just cause. Such
discharge shall be in accordance with applicable State and Federal
laws. The employee shall be entitled to appeal the action in
accordance with Section 16.2.5.
0 21.8 Notice of Intended Disciph1me
■ The Police Chief will issue a notice of Intended Discipline before
suspending without pay, reducing pay, demoting or discharging a
Police Officer. Such notice will advise the employee of his/her due
process rights to a "Skelly" hearing. At the employee's request, the
Police Chief will conduct such a "Skelly" hearing to consider any
exonerating or mitigating evidence.
0 21.9 Appeal Process
■ Within ten (10) business days upon receipt of the Notice of
Imposition of Discipline, the employee, by written notice to the
Human Resources Director, may request an appeal hearing be
submitted to the City Manager or a Department Head of the
Associations choice.
■ The City Manager or the Department Head will conduct the appeal
hearing within 60 calendar days of the written request for the
appeal hearing.
■ The City Manager or the Department Head shall render a decision
within 30 calendar days of the appeal hearing.
■ The decision of the City Manager or Department Head shall not be
subject to appeal through Section 16 Grievance/Arbitration
Procedure of this agreement.
o 21.10 Employee Appeal
■ If an employee appeals a disciplinary action without the written
support of the Association the employee may process the appeal in
accordance with Section 16.2.4 Step 4 of the Grievance/Ajbitration
Procedure.
■ If the employee is not satisfied with the decision at Step 4, the
employee, within 10 calendar days may request an appeal hearing by
written notice to the Human Resource Director.
■ The Employee may request the appeal hearing be conducted by the
City Manager or the Department Head of the employee's choice.
■ The City Manager or the Department Head will conduct the appeal
hearing within 60 calendar days of the written request for the
appeal hearing.
■ The City Manager or the Department Head shall render a decision
within 30 calendar days of the appeal hearing.
■ The decision of the City Manager or Department Head shall not be
subject to appeal through Section 16 Grievance/Arbitration
Procedure of this agreement.
• Effective as soon as practicable after ratification of this Agreement, the City shall
eliminate the practice of compounding differentials.
• The City and the Association understand that there are no limitation or restrictions
on the exploration or pursuit of share services
For the City:
Date: /Ila-, Z -S 7-016