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HomeMy WebLinkAboutItem 10 - First Amendment to MOU with CASA Human Resources www.santa-ana.org/human-resources Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 5, 2023 TOPIC: First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana AGENDA TITLE Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana RECOMMENDED ACTION Authorize the Interim City Manager to execute a First Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Confidential Association of Santa Ana (CASA) for the period of July 1, 2022 through June 30, 2025, modifying and delineating specific articles of the MOU subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City Council approved a Memorandum of Understanding (MOU) between the City of Santa Ana and the Confidential Association of Santa Ana (CASA) on July 18, 2023. Section 9.8(A) of the MOU contains a reopener to discuss the potential payment for employees who are required to work during the holiday closure. The parties have met and conferred and tentatively agreed to the terms in the First Amendment to the MOU. Employees who are required to work during the holiday closure shall receive one floating holiday for each full day of work, up to a maximum of three floating holidays. Any unused floating holiday(s) earned during the holiday closure will carry over for use by the end of the following calendar year. FISCAL IMPACT The estimated maximum cost of the MOU amendment for FY 2023-2024 is $8,212. Appropriations for FY 2023-24 are included in the Adopted Fiscal Year 2023-24 Operating Budget. First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana December 5, 2023 Page 2 3 9 0 3 EXHIBIT(S) 1. First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Submitted By: Ramon Figueroa, Acting Executive Director of Human Resources Approved By: Tom Hatch, Interim City Manager 1 FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA ANA AND CONFIDENTIAL ASSOCIATION OF SANTA ANA FOR THE TERM JULY 1, 2022 THROUGH JUNE 30, 2025 This First Amendment to the Memorandum of Understanding (“MOU”) is entered into on December 5, 2023, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the State of California (“City”) and the Confidential Association of Santa Ana (“CASA”) a recognized employee bargaining unit (collectively “Parties”). RECITALS WHEREAS, the Parties have entered into an MOU with a term of July 1, 2022 through June 30, 2025; and WHEREAS, Section 9.8(A) of the MOU provides a reopener to discuss the potential payment for employees who are required to work during the holiday closure; and WHEREAS, the Parties have met and conferred regarding the reopener and reached an agreement; and WHEREAS, the Parties wish to modify Article 9.0 of the MOU as set forth below. THE PARTIES THEREFORE AGREE as follows (additions are underlined and deletions are stricken): 1. Article 9.0; Section 9.7, amend the language as follows: Holiday benefits may not be carried over from one (1) calendar year to the next., except for floating holidays earned in Section 9.8(C)(5). 2. Article 9.0; Section 9.8(C), amend the language as follows: C. Additional Days Off During a Closure 1. Employees will need to choose from the options in the subsection to cover any additional regularly scheduled work days which are not City observed holidays. 2. Employees may use any of the following accrued leaves they have available to cover any additional day(s) off which may be required by the closure: 2 3.Employees are not permitted to use sick leave for a holiday closure day unless they produce a physician’s certification for each day reported as sick leave. This additional certification is not required for employees with approved advance sick leave usage due to FMLA/CFRA/PDL (or any other protected leave). 4.Employees shall have the option of not using paid leave for any, or all, holiday closure day(s) and taking the day(s) off as an absence without pay. 5.Employees who are required to work during the holiday closure shall receive one (1) floating holiday for each full day of work, up to a maximum of three (3) floating holidays. Any unused floating holiday(s) earned in this provision shall carry over for use by the end of the following calendar year. IN WITNESS WHEREOF, the parties have executed this First Amendment to the MOU, on the date and year written above. CITY OF SANTA ANA _____________________ _________________ Thomas R. Hatch Date Interim City Manager ATTEST: _____________________________ __________________ Jennifer L. Hall Date City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:__________________________ __________________ Laura A. Rossini Date Chief Assistant City Attorney November 20, 2023 3 RECOMMENDED FOR APPROVAL: _____________________________ ___________________ Ramon Figueroa Date Acting Executive Director of Human Resources CONFIDENTIAL ASSOCIATION OF SANTA ANA ______________________________ ___________________ Danielle Chau Date Chief Negotiator Orange County Employees Association ______________________________ ___________________ Lorrie Ortiz Date CASA President