HomeMy WebLinkAboutReso - CC - 062-2004RESOLUTION NO. 62-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BURLINGAME APPROVING CHANGES TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BURLINGAME
AND THE BURLINGAME ASSOCIATION OF POLICE ADMINISTRATORS
AND AUTHORIZING THE
CITY MANAGER TO
EXECUTE THE
MEMORANDUM ON BEHALF OF THE CITY
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City of Burlingame and the Association of Police
Administrators have met and conferred in good faith on the terms and conditions of
employment as provided by State law; and
WHEREAS, the City and the 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 Association;
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The changes in existing salary of the employees represented by the Burlingame
Association of Police Administrators 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
Burlingame Association of Police Administrators and the City of Burlingame.
MAYOR
I, ANN MUSSO, 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 19's
day of July, 2004, and was adopted thereafter by the following vote:
AYES: COUNCIL MEMBERS: BAYLou, coFFEY, GALLIGAN, NAGEL, O,KAHONY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS:NONE n
YCLERK
Exhibit A
TENTATIVE AGREEMENT REVISION
BETWEEN
THE POLICE ADMINSTRATORS
AND THE CITY OF BURLINGAME
JUNE 24, 2004
The following will be incorporated in the current Memorandum of Understanding
between the City of Burlingame and the Police Administrators:
1. TERM: July 1, 2004 through December 31, 2005 (one & '/z years).
2. SALARY: The City will conduct a salary survey in September of 2004 of the
San Mateo County salary survey market. The survey will include
the following salary components: base salary, City paid deferred
compensation contribution and City paid member's PERS. The
survey will be conducted for both the Police Sergeant classification
and the Police Commander classification. A salary adjustment will
be made to tie each classification to the median of the salary
survey market. If the survey reflects that salaries are above market
median, salaries will not be reduced to market median.
In September of 2005, the City will conduct a benchmark survey to
place the Unit 3`d in the salary survey market. The salary survey
will be on the same salary components as the September 2004
survey. If the City is projecting that revenues in FY 2005/06 will
not be sufficient to cover expenditures, the City can reopen the
contract prior to the start of 2005/2006 fiscal year relative to a
salary increase. If no alternative agreement can be reached on a
salary increase, the Unit will receive a salary increase that is tied to
the April to April CPI -U for the San Francisco -Oakland -San Jose
Bay Area. The minimum increase will be 2% and the maximum
increase will be 4%.
3. BENEFITS: Effective January 1, 2005, members of the Police Administrators
will participate in the City's Tiered Medical Contribution Plan. The
City contribution towards medical insurance will be as follows:
1. No Plan - Any employee that demonstrates they have medical
insurance through another source, will receive $200 per month in
lieu of medical benefits. The $200 per month allowance may be
put in deferred compensation, section 125 plans or taken in cash.
Any cash payout is subject to normal taxation.
2. Employee Only - The City will contribute $389.96 per month
towards employee only medical coverage. This amount is equal to
the 2005 Blue Shield HMO rate for employee only.
Exhibit A
3. Employee Plus One - The City will contribute $779.92 per
month towards employee plus one medical coverage. This amount
is equal to the 2005 Blue Shield HMO rate for employee plus one.
4. Employee Plus Two or more - The City will contribute $922.19
per month towards employee plus two or more for medical
coverage. This amount is equal to the 2005 Kaiser Rate for
employee plus two or more.
An 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.
The City's maximum retiree medical contribution will be $922.19
per month, which is equal to the 2005 Kaiser Family rate.
4. RETIREMENT: As provided in the current POA contract and side letter, the City
agrees to amend the CalPERS Section 21362.2, 3% @ 50 effective
July 1, 2006. This benefit will be provided to all employees in
Police Safety classifications. The City will treat Police
Administrators in the same fashion as members of the POA for any
retirements that occur from 07/01/04 - 06/30/06. The City agrees
to provide a supplemental retirement enhancement or plan for any
Police Administrator that retires from City service and accepts a
service retirement from CaIPERS from the period of July 1, 2004
through June 30, 2006 providing his/her pension benefit is less
than it would have been if he/she would have retired on the same
date under the 3% @ 50 retirement benefit formula. The
supplemental plan or enhancement will give a benefit the same as
what the member would have received if the member would have
retired under the Ca1PERS 3% @ 50 plan. Examples of other
enhancements or supplemental plans include the CalPERS Section
20903 - Two Years Additional Service Credit and or the Public
Agency Retirement System (PARS) supplemental annuity
program(s)-
5. DIFFERENTIAL: The Sergeants assigned to the Traffic, Administrative Services,
Crime Prevention, and Detective Units will receive a 7%
differential. In exchange for this differential, the Traffic,
Administrative Services and Crime Prevention Sergeants will
forego the additional 16 hours of administrative leave granted to
those in these assignments.
6. TUITION: The City will increase tuition and campus fee reimbursement from
$2,500 per year to $3,000 per year. The City will continue to
Exhibit A
reimburse members up to $500 per year for books, computer-
related educational equipment and programs.
7. UNIFORM Upon ratification and approval of this agreement, the City
ALLOWANCE: will provide an annual uniform allowance of $920.
Effective the first pay period of July, 2005, the City will provide an
annual uniform allowance of $955.
8. LAYOFF The signed Layoff Process will be incorporated into the Unit's
Memorandum of Understanding (MOU) as an exhibit.
FOR THE ADMINISTRATORS: FOR THE CITY:
Dawn Cutler Date
Police Admin. Negotiator
Michael Matteucci Date
Police Admin Negotiator
James Nantell Date
City Manager
Robert Bell Date
Human Resources Director
Exhibit A
LAYOFF POLICY: Provided for information only. Copy to be signed by POA,
Association and the City.
LAYOFF POLICY
A. Policy Statement
It is the City's intent to avoid employee layoffs whenever possible. When, however, in
the City's judgment it is necessary to abolish a position of employment, the employee
holding the position may be laid off or demoted without disciplinary action and without
the right of appeal. When feasible and practical, the City will meet with employees of the
affected classification and/or their representatives in order to determine whether or not a
voluntary reduction in hours or other solution may be mutually agreed to in order to
avoid the pending layoff.
B. Notice
Whenever possible, an employee subject to layoff will be given at least 14 calendar days
notice prior to the effective date of the layoff. Layoff notification will be provided in the
form of a "Notice of Layoff." At the time of notice, the employee will also be notified of
any displacement rights or rights to reemployment, as described below.
C. Order of Layoff
The City will attempt to effect layoffs first in vacant positions. When it is necessary to
eliminate filled positions, employees shall be laid off in the following order: (1)
probationary employees, (2) permanent employees. All employees shall be laid off in the
inverse order of their seniority within their classification.
Seniority is determined by length of service in the classification. "Length of service in
the classification" means employment in the classification without interruption, including
all days of attendance at work and authorized paid and unpaid leaves of absence with the
City. Length of service does not include unauthorized absences or periods of suspension,
layoff or breaks in service. Permanent part-time employees will receive classification
seniority on a pro -rata basis (i.e. an employee that served 30 hours per week over a 12 -
month period, would receive .75 year of seniority for that year of service). The 12 -month
period will begin from the appointment date into permanent part-time status.
In the rare case where two or more employees in the classification have exactly the same
seniority determination, the following procedure will be used: Employees shall be laid
off on the basis of the last overall evaluation rating in the classification, providing such
information has been on file at least 30 days and no more than 12 months prior to lay off.
In such a case, employees shall be laid off in the following order: (1) employees with a
"below standard" or similar performance rating, (2) employees having a "meets
Exhibit A
standards" or similar performance rating, (3) employees with an "exceeds standards" or
similar performance rating.
D. Displacement Rights
If an employee in the classification of Police Commander is given a Notice of Layoff by
the City and the employee previously held the position of Police Sergeant with the City,
the Commander can displace a Police Sergeant with less City seniority. The Police
Commander must notify the City within 15 days of receipt of the Notice of Layoff of
his/her desire to exercise displacement rights.
If an employee in the classification of Police Sergeant is given a Notice of Layoff by the
City and the employee previously held the position of Police Officer with the City, the
Sergeant can displace a Police Officer with less City seniority. The Police Sergeant must
notify the City within 15 days of receipt of the Notice of Layoff of his/her desire to
exercise displacement rights.
For purposes of displacement, seniority is determined by length of service in the City as a
permanent employee, including any probationary periods served by the employee.
Length of service includes permanent employment without interruption, including all
days of attendance at work and authorized paid and unpaid leaves of absence with the
City.
Conditions which affect displacement rights are as follows: (1) The employee exercising
the displacement privilege will displace employees in lower classifications in the inverse
order of seniority, meaning employees with the least amount of seniority are displaced
first. (2) The employee must exercise displacement privileges within 15 working days
after receipt of the Notice of Layoff, by written notice to the Human Resources Director.
If this choice is not exercised within the specified time period, it is automatically
forfeited.
If the Police Commander given a Notice of Layoff never held the position of Police
Sergeant with the City of Burlingame or left City employment and was rehired as a
Police Commander with the City, the employee will have no displacement rights.
If the Police Sergeant given a Notice of Layoff never held the position of Police Officer
with the City of Burlingame or left City employment and was rehired as a Police
Sergeant with the City, the employee will have no displacement rights.
E. Reinstatement
If a position in the classification series from which the employee was laid off becomes
vacant or a position in the classification series is reestablished during that two-year
period, permanent employees shall be returned to the position in preference to any other
person. Written notice shall be given to the regular employee, who has received a
satisfactory or better evaluation for the 12 months prior to lay off, has completed his/her
Exhibit A
probationary period and who has been laid off, and shall be automatically placed on a re-
employment list for two (2) years for the classification from which he/she was laid off.