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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