HomeMy WebLinkAboutItem 19 - Amendments to the Memorandums of Understanding CASA, SAMA and SEIUHuman Resources
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Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 15, 2024
TOPIC: Amendments to the Memorandums of Understanding between the City of Santa
Ana and the Confidential Association of Santa Ana (CASA), the Santa Ana
Management Association (SAMA), and Service Employees International Union Local
721 (SEIU)
AGENDA TITLE
Amendments to the Memorandums of Understanding between the City of Santa Ana
and the Confidential Association of Santa Ana (CASA), the Santa Ana Management
Association (SAMA), and the Service Employees International Union Local 721 (SEIU)
RECOMMENDED ACTION
Authorize the City Manager to execute the amendments to the Memorandums of
Understanding (MOU) of three labor groups in order to modify and delineate specific
articles of the MOUs (Agreement Nos. 2024-XXX, 2024-XXX, and 2024-XXX).
• Second 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
• First Amendment to the Memorandum of Understanding (MOU) between the City
of Santa Ana and the Santa Ana Management Association (SAMA) for the period
of July 1, 2022 through June 30, 2025
• First Amendment to the Memorandum of Understanding (MOU) between the City
of Santa Ana and the Service Employees International Union Local 721 (SEIU)
for the period of July 1, 2022 through June 30, 2025
GOVERNMENT CODE 484308 APPLIES: No
DISCUSSION
The City Council approved the three MOUs with provisions allowing employees to cash
out vacation leave at two designated pay periods each year: July 1 and/or December
15. The current language would result in employees receiving vacation cashed out in
January of next year rather than in December of this year as intended by both parties.
Accordingly, the language is being adjusted to match the original intent of both sides
and allow employees who cash out vacation in December to receive their money in the
same calendar year.
• Confidential Association of Santa Ana (CASA), Article 10.0, approved on July 18,
2023
Amendments to the Memorandums of Understanding between the City of Santa Ana
and the Confidential Association of Santa Ana (CASA), the Santa Ana Management
Association (SAMA), and Service Employees International Union Local 721 (SEIU)
June 18, 2024
Page 2
Santa Ana Management Association (SAMA), Article 9.0, approved on June 6,
2023
Service Employees International Union Local 721 (SEIU). Article 9.0, approved
on June 6, 2023
This change was requested by an employee group. The City has met and conferred
with each of the affected labor groups and they agree with this change.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no additional fiscal impact associated with this action.
EXHIBIT
1. Second Amendment to the Memorandum of Understanding between the City of
Santa Ana and the Confidential Association of Santa Ana
2. First Amendment to the Memorandum of Understanding between the City of
Santa Ana and the Santa Ana Management Association
3. First Amendment to the Memorandum of Understanding between the City of
Santa Ana and the Service Employees International Union Local 721
Submitted By: Lori Schnaider, Executive Director of Human Resources
Approved By: Alvaro Nunez, City Manager
SECOND AMENDMENT TO THE 117 MORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA ANA
AND
CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTTA ANA
FOR THE TERM JULY 1, 2022 THROUGH JUNE 30, 2025
This Second Amendment to the Memorandum of Understanding ("MOU") is entered into on
October 15, 2024, 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 the City 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;
WHEREAS, on December 5, 2023, the Parties entered into a First Amendment of the MOU
amending Section 93 and 9.8(C) regarding payment for employees who are required to work
during the holiday closure; and
WHEREAS, the Parties now wish to modify Article 10.0 of their MOU as set forth below,
THE PARTIES THEREFORE AGREE as follows (additions are underlined and deletions
are stricken),
I Article 10.0• Section 10.2 + to amend the language as follows:
F. Vacation Buy -Back.
Through, December 31, 2023
Eiuployees are eligible to require the City to buy back up to eighty (80)
hours of their brayed vacation per calendar year.
2, Effective JanuM 1 2024 and continuing eve year thereafter
a. If an employee wants to cash -out unused vacation leave they
accrued during the calendar year, they mist make an irrevocable
election by December 15th of the prior calendar year i.e. by
December 15, 2023 for a cash -out in calendar year 2024).
1
b. The irrevocable election must indicate the amount of vacation
hours the employee intends to cash -out during the next calendar
year.
The number of hours to be cashed -out cannot exceed the total
number of hours the employee will accrue during that same
calendar year, or a maximum of eighty (80) hours, whichever is the
lesser amount.
C. Once the election form is submitted to Human Resources, the
amount of hours to be cashed -out cannot be changed for that
calendar year.
d. Employees may submit a request for cash -out up to two (2) times
per year for payment in the first payclieck pefie' •T Neh :,l^4.`4e of
July4 and/or Decernber4-5.
In the event an employee's vacation leave balance (on either pay
period when they can elect to cash -out) is less than the amount of
hours the employee had previously elected to cash -out (in the prior
calendar year), the employee will only receive payment for the
amount of accumulated vacation leave remaiiung at the time of the
cash -out in either July or December.
f. If an employee makes an irrevocable election to cash -out vacation
in the following calendar year and uses vacation leave during that
subsequent calendar year, the vacation leave used will first come
from vacation leave the employee had earned (if any) prior to
January 1 st of the calendar year the employee had elected to cash -
out. The use of such earned, but unused, vacation leave
accumulated from previous calendar years shall not result in a
reduction in the amount of vacation hours the employee is eligible
to cash -out.
2. Except as modified by this Second Amendment and previous amendment, the terms and
conditions of the MOU shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to the
MOU, on the date and year written above.
CITY OF SANTA ANA
Alvaro Nunez
City Manager
Date
ATTEST:
Jennifer L, Hall Date
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvaiho, City Attorney
By: �awu % , �LQ-11 9/26/2024
Laura A. Rossini Date
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
36 f z
Lori Scluiaider Date
Executive Director of Human Resources
CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA
46z/
L e O i , CASA President
[Signature Page- Second Amendment to MOU]
Dat
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA ANA
SANTA ANA MANAGEMENT ASSOCIATION
FOR THE TERM JULY 1, 2022 THROUGH JUNE 30, 2025
This First Amendment to the Memorandum of Understanding ("MOU") is entered into on October
15, 2024, 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 Santa
Ana Management Association ("SAMA") 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, the Parties wish to modify Article 9.0 of their MOU as set forth below.
THE PARTIES THEREFORE AGREE as follows (additions are underlined and deletions
are stricken):
1. Article 9.0; Section 9.3 (b) to amend the language as follows:
Vacation Buy -Back.
a. Through December 31, 2023
Employees are eligible to require the City to buy back up to
eighty (80) hours of their banked vacation leave per fiscal year.
2. Employees are eligible to require the City to buy back up to forty
(40) hours of their banked management vacation leave once each
calendar year. Upon City Council approval of this 2022-2025
MOU, employees are eligible to require the City to buy back up
to eighty (80) hours of their banked management vacation leave
once each calendar year.
b. Effective January 1, 2024 and continuing every ,year thereafter
1. If an employee wants to cash -out unused vacation leave they
accrued during the calendar year, they must make an irrevocable
election by December 15th of the prior calendar year (i.e., by
December 15, 2023 for a cash -out in calendar year 2024). The
provisions of Section 9.2(F)(3)(b) shall also apply to
management vacation leave.
2. The irrevocable election must indicate the amount of vacation
hours the employee intends to cash -out during the next calendar
year.
The number of hours to be cashed -out cannot exceed the total
number of hours the employee will accrue during that same
calendar year, or a maximum of eighty (80) hours, whichever is
the lesser amount.
3. Once the election farm is submitted to Payroll, the amount of
hours to be cashed -out cannot be changed for that calendar year.
4. Employees may submit a request for cash -out up to two (2) times
per year for payment the in the first paycheck period •,
des of July-+ and/or December.
In the event an employee's vacation leave balance (on either pay
period when they can elect to cash -out) is less than the amount
of hours the employee had previously elected to cash -out (in the
prior calendar year), the employee will only receive payment for
the amount of accumulated vacation leave remaining at the time
of the cash -out in either July or December.
6. If an employee makes an irrevocable election to cash -out
vacation in the following calendar year and uses vacation leave
during that subsequent calendar year, the vacation leave used
will first come from vacation leave the employee had earned (if
any) prior to January 15t of the calendar year the employee had
elected to cash -out. The use of such earned, but unused, vacation
leave accumulated from previous calendar years shall not result
in a reduction in the amount of vacation hours the employee is
eligible to cash -out.
2
Except as set forth in this First Amendment, the terms and conditions of the MOU remain in
place.
IN WITNESS WHEREOF, the parties have executed this First Amendment to the MOU,
on the date and year written above.
CITY OF SANTA ANA
Alvaro Nunez
City Manager
ATTEST:
Date
Jennifer L. Hall Date
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: _aOXMC . - 9/26/2024
Laura A. Rossini Date
Chief Assistant City Attorney- Employee Relations
RECOMMENDED FOR APPROVAL:
� tz 2 �-j �� �� � - q 150 A-04
Lo'n Schnaider Date
Executive Director of Human Resources
SANTA ANA MANAGEMENT ASSOCIATION
Waldo Barela, SAMA President Date
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA ANA
AND
FULL-TIME EMPLOYEES UNIT
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
FOR THE TERM JULY 1, 2022 THROUGH JUNE 30, 2025
This First Amendment to the Memorandum of Understanding ("MOU") is entered into on October
15, 2024, 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 Service
Employees International Union Local 721 ("SEIU") 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, the Parties wish to modify Article 9,0 of their MOU as set forth below.
THE PARTIES THEREFORE AGREE as follows (additions are underlined and deletions
are stricken):
1. Article 9.0; Section 9.6 (A) to amend the language as follows:
9.6 Vacation Cash -Out
A. Annual Buy Back
1. If an employee wants to cash -out unused vacation leave they accrued during
the calendar year, they must make an irrevocable election by December 151h
of the prior calendar year (i.e. by December 15, 2022 for a cash -out in
calendar year 2023).
2. The irrevocable election must indicate the amount of vacation hours the
employee intends to cash -out during that next calendar year.
1
The number of hours to be cashed -out cannot exceed the total number of
hours the employee will accrue during that same calendar year, or a
maximum of one hundred (100) hours, whichever is the lesser amount.
3. Once the election form is submitted to Human Resources, the amount of
hours to be cashed -out cannot be changed for that calendar year.
4. Employees may submit a request for cash -out up to two times (2X) per year —
for payment in the first paycheck period f ,.,hieh jjjej..a July-4- and/or
December-44.
5. In the event an employee's vacation leave balance (on either pay period when
they can elect to cash -out) is less than the amount of hours the employee had
previously elected to cash -out (in the prior calendar year), the employee will
only receive payment for the amount of accumulated vacation leave
remaining at the time of the cash -out in either July or December.
6. If an employee makes an irrevocable election to cash -out vacation in the
following calendar year and uses vacation leave during that subsequent
calendar year, the vacation leave used will first come from vacation leave
the employee had earned (if any) prior to January I" of the calendar year the
employee had elected to cash -out. The use of such earned, but unused,
vacation leave accumulated from previous calendar years shall not result in
a reduction in the amount of vacation hours the employee is eligible to cash -
out.
2. Except as modified by this First Amendment, the terms and conditions of the MOU shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment to the MOU,
on the date and year written above.
CITY OF SANTA ANA
Alvaro Nunez
City Manager
Date
ATTEST:
Jennifer L. Hall Date
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvallio, City Attorney
By: 8awta, �' . 9/26/2424
Laura A. Rossini Date
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
��- jc&wa�o�
L i Schnaider Date
Executive Director of Human Resources
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
Ryan urillo, Worksite Organizer
Ruben Hernandez, 9EIU Chapter President
[Signature Page- First Amendment to MOU]
9/26/24
Date
Date