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HomeMy WebLinkAboutItem 13 - Approve Fourth Amendment to POA MOUHuman Resources https://www.santa-ana.org/hr Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 18, 2021 TOPIC: Approve Fourth Amendment to POA MOU AGENDA TITLE: Approve Fourth Amendment to the Santa Ana Police Officers Association MOU 2018-21 (General Fund and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a fourth amendment to the Memorandum of Understanding (MOU) with the Santa Ana Police Officers Association (SAPOA) for the period July 1, 2018 through December 31, 2021, modifying and delineating specific articles of the MOU subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION As part of the negotiations for the Memorandum of Understanding (MOU) for the period of July 1, 2018 through December 31, 2021, between the Santa Ana Police Officers Association (SAPOA) and the City, the parties agreed to review and update Article 13, Section 13.11 ("Uniform Allowance") and Exhibit B ("Uniform Allowance by Classification") and establish a Side Letter reflecting any agreement between the parties. The Human Resources Department completed a comprehensive review with the assistance of the City's Finance and Management Services and Police Departments to identify classifications in this unit that are required to wear uniforms and the value of such uniforms. Pursuant to California Government Code Sections 20636, 20636.1, and Code of Regulations Section 571, compensation paid or the monetary value for the purchase, rental and/or maintenance of required clothing, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain, is reportable to CalPERS as a uniform allowance. Following the City's analysis, the City and SAPOA met and conferred and agree to modify Article 13, Section 13.11 and Exhibit B of the MOU updating the list of classifications that are required to wear uniforms, the current value of such uniforms, and to honor the intent of the negotiated reportable compensation. The amounts listed in Exhibit B may be adjusted (either upward or downward) to accurately reflect the cost of the uniforms and/or their maintenance at the time of the report to CalPERS. The City will continue to report Approve Fourth Amendment POA MOU May 18, 2021 Page 2 uniform allowance on an aggregate amount for each pay period within the earned period report. The implications of not approving this side letter would impact the employees' retirement benefits. The parties also agree that effective July 1, 2020, to the extent permitted by law, this uniform allowance is defined as special compensation and shall be reported to CalPERS pursuant to Title 2 CCR, Section 571(a)(5). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The recommended action only changes the reporting value solely for Safety and Miscellaneous Classic PERS members. There is no quantifiable or significant fiscal impact associated with the recommendation. EXHIBIT(S) 1. Fourth Amendment to SAPOA MOU 2018-2021 Submitted By: Jason Motsick, Executive Director — Human Resources Approved By: Kristine Ridge, City Manager SIDE LETTER OF AGREEMENT BETWEEN CITY OF SANTA ANA AND SANTA ANA POLICE OFFICERS ASSOCIATION This Side Letter of Agreement ("Agreement") between the City of Santa Ana ("City") and the Santa Ana Police Officers Association ("POA") (collectively "Parties") is entered into with respect to the following: WHEREAS, the Parties are parties to a Memorandum of Understanding ("MOU") with a term of July 1, 2018 through December 31, 2021; and WHEREAS, the Parties wish to make modifications to Section 13.11 and Exhibit B of their MOU effective July 1, 2020 and WHEREAS, the following sets forth the Parties' Agreement: 1. The Parties agree to modify Section 13.11 of their MOU as can be seen by the track changes below: 13.11 Uniform Allowance. With respect to Safety and Miscellaneous employees who do not qualify as "New Members" under the California Public Employees' Pension Refoi-rn Act (PEPRA), the City shall report to CalPERS the monetary value of uniforms and uniform maintenance for those employees required to wear uniforms. The monetary value (as of the first date of the MOU) by classification is listed in Exhibit B, entitled "Uniform Allowance by Classification." The amounts listed in Exhibit B may be adjusted (either upward or downward) as the cost of the unifonns and/or their maintenance changes. The value of the Unifoirn Allowance shall be determined by the City based on the current cost of the uniforms and/or their maintenance at the time of the report to CalPERS and will be reported to the California Public Employees' Retirement System (CalPERS) for retirement purposes only. Under CCR 571(a), Uniform allowance is defined as "Compensation paid or the monetary value for the purchase, rental and/or maintenance of required clothing, including clothing made from specially designed protective fabrics, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health and safety such as protective vests, pistols, bullets and safety shoes. 2. The Parties agree to modify Exhibit B of their MOU as can be seen by the track changes below: EXHIBIT B UNIFORM ALLOWANCE BY CLASSIFICATION AS OF jANUARY 1, 2019JULY 1, 2020 Job Title Rounded to .10 POA-NS Animal Services Officer I $ 27.50 POA-NS Animal Services Officer II $ 27.50 POA-NS Communications Services Officer $ 28.40 POA-NS POA-NS Correctional Officer Correctional Supervisor $ 27.50 $ 27.50 POA-NS Forensic 5 ecialist 1 $ _ 27.s(-) POA-NS Forensic Specialist U $ 27.50 POA-NS Forensic Specialist Supervisor S 27.50 POA-NS Parkin Control Officer S 27.50 POA-NS Police Cc mmunicatiwis Su ervisM, $ 27.50 POA-NS POA-NS POA-NS Police Community Services Specialist Police Evidence & aguly Specialist Police Evidence & SURIfly Supervisor $ 27.50 _ $ _ 27.50 S 27.50 POA-NS Police Investigative Specialist $ 27.50 POA- SWORN Police Officer S 27,50 POA- SWORN Police Officer [with Motor Officer Premium �"� S 38.60 ----_ ---._ POA-NS POA-NS Police Property & Evidence Su ervisor Police Recruit $ 28,40 S 27.50 POA- SWORN Police Sewam S 27.50 POA- SWORN Police Ser eant (with Motor Officer S 38.60 Premium) POA-NS Police Service Officer $ 27.50 POA-NS Police Services Dis atcher $ 28.40 110A-NS Senior Parking Control Officer $ 27.5t1 POA-N5 Traffic Services 5 cci slit S 27.50 FOR THE CITY OF SANTA ANA son Mots ick, Executive Director Of Human Resources eter J. Brown Labor Negotiator '- 1 Date GAS 1 o'z-1 Date FOR THE SANTA ANA POLICE OFFICERS ASSOCIATION rry Serrano, POA President Date o-- tls Charles Go€dwasser Labor Negotiator c z Z- Date