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Home My WebLink About25C - MOUT POLICE OFCRS ASSOCREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 29, 2009 TITLE: AGREEMENT WITH THE POLICE OFFICERS ASSOCIATION ~~~ ,.~ ,~'`~ ~L / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Police Officers Association regarding wages and other terms and conditions of employment. DISCUSSION The City and the Police Officers Association (POA) recently completed contract negotiations resulting in a one-year contract extension to the 2008-09 and 2009-10 amended Memorandum of Understanding. This extension period covers July 1, 2010 through June 30, 2011. The provisions of this extended agreement are as follows: 1) Salary: July 1, 2009 = 0% January 1, 2010 = 0% July 1, 2010 = 40 (deferred from July 1, 2009) January 1, 2011 = 2.5a (deferred from January 1, 2010) 2) Overtime: The Police Chief shall reduce overtime and salaries during 2009-10. 3) Holiday and vacation cash out: Employees shall defer holiday leave cash out for 2009-10. Employees may carry over holidays from one calendar year to the next, and maximum cash out value is 106 hours per year, for 2010-11, 2011-12, and 2012-13. 4) Vacation cash out: Employees shall defer longevity vacation cash out for 2009-10. Allow carryover of up to three periods of regular and longevity vacation, and maximum cash out value is 53 hours per year, for 2010-11, 2011-12, and 2012-13. 25C-1 Agreement with POA June 29, 2009 Page 2 of 2 5) Furlough hours: Employees retiring by January 1, 2011 shall have the option to receive scheduled salary increases and take equivalent furlough hours to pay for them. 6) Layoffs: There shall be no layoff of members of this bargaining unit during 2009-10. FISCAL IMPACT There is a $3,101,764 savings to the City for deferral of salary increases and leave cash outs and an additional $900,000 associated with reductions in overtime and salaries. ~` S Kathie S. Gonzalez Acting Executive Director Personnel Services 25C-2 ONE YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING, AS AMENDED, BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS ASSOCIATION FOR FISCAL YEAR 2010-11 The City of Santa Ana (City) and the Santa Ana Police Officers Association (SAPOA) have met and agreed to amend the previously amended 2004 - 2010 Memorandum of Understanding (MOU) between the CITY and SAPOA, by extending this amended MOU for one (1) additional year. The existing MOU provisions shall remain unchanged unless addressed by this amendment. The new expiration date of the MOU, as amended, shall be June 30, 2011, and the MOU shall be amended as follows: AMENDED ARTICLE IV (new language in bold; deleted provisions lined out) 4.0 SALARIES 4.3 Salary-Adjustments. A. ~tew'$eweg5-8~ Effective July 1, 2008, the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 4%). Effective January 1, 2009, the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.5%). ° ° Effective July 1, 2010, the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 49'0). Effective January 1, 2011, the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.59'0). 1. An employee covered by this Agreement who provides written notice to the City's Benefits and Compensation Manager prior to June 30, 2009, of his or her express intention to retire from City employment on or before January 1, 2011, shall be governed by the following: 25C-3 n. Effective July 1, 2009, the base salary of nn employee who has notified the City of his or her intent to retire from City employment on or before January 1, 2011, shall be increased by eight (8) salary rote ranges (approximately 49'0); b. Effective January 1, 2010, the base salary of an employee who has notified the City of his or her intent to retire from City employment on or before January 1, 2011, shall be increased by five (5) salary rate ranges (approximately 2.59:0); c. In exchange for the salary increases as set forth in 4.3-A-1-n and 4.3- A-1-b, above, nn employee who has notified the City in writing of his or her intent to retire from City employment on or before January 1, 2011, as set forth in 4.3-A-1, above, shall take unpaid furlough hours off from work during the period July 1, 2009 to June 30, 2010 ("the furlough period") as set forth below: POA Furlough Hours In-lieu of MOU Salary Increase Deferral Bases salary increase as of 7/1/09: 4.00% Base salary increase as of 1/1/10: 2.50% Furlough equivalent value of 6.5% MOU base salary increase: Number of 8/hour Days: 17 Number of hours: 135 1 furlough hr (% of salary): 0.0481 1/I/2010 7/I/2010 7/1/09 1/I/2010 to to Schedule to to 6/30/10 12/3l/10 Work Retirement (hr, per 12/31/09 6/30/10 2.5% 2.5% Schedule Date da 4% MOU 4% MOU MOU MOU Total Hrs. li 3/12 12/31/2009 12 42 42 lii 3/12 6/30/2010 12 42 42 26 109 liii 3/12 12/31/2010 12 42 42 26 26 135 liv 4/10 12/31/2009 10 42 42 lv 4/10 6/30/2010 10 42 42 26 109 lvi 4/10 12/31/2010 10 42 42 26 26 135 Note: Furlough equivalency table reflects the true value associated with swapping furlough hours in-lieu of MOU salary increase deferral. Furloughs should be based on number of hours not number of days (provides flexibility when employees move across schedules). Number of furlough hours will be the same across all schedules. 25C-4 The required furlough hours shall be monitored by the City payroll department. Any affected employee is r wired to take the equivalent of at least one (1) furlough day per month during the furlough period. Any affected employee who fails to take the required furlough day in any month shall incur a deduction from his or her gross pay in the succeeding pay period in an amount equal to the hours of his or her regular daily shift, computed at base rate plus premiums. Any employee who notifies the City of his or her intent to retire under these provisions and receives the salary increases ns set forth in 4.3"A" "1" subsections "a" and "b" above, and who does not retire on or before January 1, 2011, shall not receive the salary increases scheduled for July 1, 2010 and January 1 2011 respectively. E. Effective July 1, 1998 employees will contribute one-half percent (.5%) of their base salary plus pay additives through payroll deduction to a fund maintained by the Santa Ana Police Officers Association for the purpose of providing retiree health insurance premium reduction assistant. Effective July 1, 1999, employees will contribute an additional one-half percent (.5%) for a total of one percent (1%) of their base salary plus pay additives through payroll deduction to a fund maintained by the Santa Ana Police Officers Association for the purpose of providing retiree health insurance premium reduction assistance. This payroll deduction for retiree health insurance premium reduction assistance will continue until such time as the parties may mutually agree to end said deduction. Additionally, effective October 1, 2006, the City shall contribute an amount equal to one-half percent (.5%) of the bargaining unit's annual base salary, including pay additives, for the purpose of providing retiree health insurance premium reduction assistance. Effective October 1, 2008, and each October 1St thereafter, the City shall contribute an amount equal to three quarters of one percent (.7590) of the bargaining unit's annual base salary, including pay additives (excluding overtime), for the purpose of providing retiree health insurance premium reduction assistance. AMENDED ARTICLE VIII (new language in bold; deleted provisions lined out) 8.0 OVERTIME 8.4 Compensation for Overtime 25C-5 A. The preferable method by which overtime shall be compensated is by monetary payment, at one and one-half (11/2) times the employee's regular rate of pay. B. Should the Police Chief determine that the best interests of the City will be served thereby, he or his designee may permit an employee to be compensated for overtime work by earning paid compensatory time off at the rate of one and one- half (1 1/2) times the employee's regular rate of pay. The employee will be credited with time off at the rate of one and one-half (1 1/2) hours of time for each hour of overtime worked. This time, hereinafter identified as "comp time" will be accrued in a comp time bank for each employee. The hours in this bank shall reflect the converted time value of each hour worked. 1. Effective January 1, ~A9~ 2010, employees are limited to the accumulation of X9160 hours of comp time. 2. Twice during each calendar year, beginning April 15 and ending April 30 and beginning November 15 and ending November 30, each affected employee who has accrued comp time credits, may elect to convert up to forty (40) hours of such accrued time to the cash equivalent thereof, to a maximum of eighty (80) hours per calendar year. AMENDED ARTICLE IX (new language in bold; deleted provisions lined out) 9.0 HOLIDAYS 9.2 Holidny Leave Benefits. Full-time, permanent and probationary employees covered by this Agreement shall be entitled to receive 96 hours off during the calendar year in lieu of the twelve (12) holidays specified in Section 9.1, supra. Said hours, up to a maximum of 80 hours, may be carried over from one calendar year to the next and shall be cashed out upon separation from employment, not to exceed a maximum of 160 hours. Said Employees required to work on a City observed "legal" holiday shall be paid at his or her straight time rate. However, if an employee who separated from the service of the City has taken time off for holidays in advance of the date or day the holiday actually occurred, he or she must pay the City the cash value for such used but unearned holiday time off benefits prior to or at the time of separation. 25C-6 9.3 Cash Option. Employees covered by this Agreement shall be given an option twice per calendar year to receive cash compensation ("cash out") computed on a straight time basis in if exchange for eighty (80) hours of their annual holiday leave benefits set forth in Section 9.2 above. Specifically, employees may ~eg~-fe cash out up to 40 hours begi~-~Q-s+~-Apwi~l of holiday leave benefits in April of each calendar ~yenr and an additional 40 hours of holiday leave benefits in November of each calendar year. An employee that does not cash out holiday leave benefits in April may cash out a maximum of 80 hours of holiday leave benefits in November. , ~deve~-13ew: Such option may be eliminated or modified to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (ELBA). A. The Cash Option is deferred for that period of time beginning July 1 2009, and ending. June 30, 2010. The Cash Option, as modified below, is reinstated effective July 1, 2010. The deferral of the Cash Option shall not affect nn employee's ability to be compensated for accumulated leave upon separation from employment with the City, up to a maximum of 160 hours. B. For that period of time beginning July 1, 2010, and ending June 30, 2013, employees shall be given the option twice per calendar year to receive cash compensation ("cash out") computed on a straight time basis in exchange for 106 hours of their annual holiday leave benefits set forth in Section 9.2 above. Specifically, employees may cash out up to 53 hours of holiday leave benefits in November, 2010; November, 2011; and November 2012; and nn additional 53 hours of holiday leave benefits in April, 2011; April, 2012; and April, 2013. An employee that does not cash out holiday leave benefits in the November period may cash out a maximum of 106 hours of holiday leave benefits in the April period. 9.6 Effective July 1, 2009, a maximum of one (1) year of Holiday benefits may ~e# be carried over from one calendar year to the next. An employee terminating employment with the City may cash out accumulated, unused Holiday leave benefits, not to exceed a maximum of 160 hours. 25C-7 AMENDED ARTICLE X (new language in bold; deleted provisions lined out) 10.0 VACATION 10.3 Longevity Vacation E. Effective July 1, 2005, employees covered by this Agreement shall be given an option once per calendar year, to receive cash compensation computed on a straight time basis in lieu of up to a total of forty (40) hours of their longevity vacation leave benefits set forth in Subsection A above. F. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 an employee's ability to cash out longevity vacation time. The ability to cash out longevity vacation time shall be re-instated July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. G. For the period July 1, 2010 through June 30, 2013, employees covered by this Agreement shall be given an option once per fiscal year, to receive cash compensation computed on a straight time basis in lieu of up to a total of fifty- three (53) hours of their longevity vacation leave benefits set forth in subsection A above. H. Effective July 1, 2013, the yearly longevity cash-out provisions shall revert bock to that ns set forth in section 10.3"E", above. Therefore, effective July 1, 2013, employees covered by this Agreement shall be given nn option once per fiscal year to receive cash compensation computed on a straight time basis in lieu of up to n total of forty (40) hours of their longevity vacation leave benefits set forth in subsection "A", above. Such option may be eliminated or modified at the discretion of the Department to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (ELBA). 10.4 Limitation on Vacation. A. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take, any vacation leave with pay in excess of 400 hours in any one year by any combination of the vacations granted in this Agreement. Further, no employee may carry over from one calendar year to the next more than the equivalent of one longevity vacation period and the equivalent of one regular vacation period from the previous two (2) years, and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than six (6) 25C-8 years service could accumulate is 240 hours and only an employee with more than 20 years of service could carry over and take the authorized maximum of 400 hours in any one year. B. For the calendar year period of 2010 through 2013, an employee's maximum year-to-year vacation carry over shall be increased by one (1) additional longevity vacation period. Therefore, for the calendar period 2010 through 2013, nn employee may carry over from one calendar year to the next no more than the equivalent of three (3) longevity vncntion periods and the equivalent of one regular vncntion period from the previous two (2) years, and vacation not taken beyond that amount is forfeited. C. Effective January 1, 2014, the maximum yearly vacation carryover shall revert back to that ns set forth in subsection "A", above, and any accumulated vocation in excess of that maximum allowable carry over not used prior to January 1, 2015, shall be forfeited. D. Notwithstanding the foregoing, for any affected employee who is in jeopardy of losing vacation because of department staffing needs, the Police Chief may provide fora 30-day extension beyond the normal cutoff date so that such employee wi II not lose vacation time. AMENDED ARTICLE XII 12.1A Medical Insurance. Effective January 1, 2011 and Jnnunry 1 2012, respectively the City shall contribute toward medical premiums an amount equal to the percentage increase associated with the Kaiser California CnIPERS HMO plan. Any contributions necessary to maintain benefits under said medical plans in excess of the amounts referenced shall be borne entirely by the Association and/or the enrollees. Amended ARTICLE XXII (new language in bold; deleted provisions lined out) 22.0 LAYOFFS G. The City agrees that there shall be no layoffs of members of this bargaining unit during the fiscal year 2009-2010. 25C-9 Amended ARTICLE XXVI (new language in bold; deleted provisions lined out) 26.0 TERM OF AGREEMENT 26.1 The term of this Agreement shall be from July 1, 2004 through June 30, ~A98 2011. ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Association and entered into this 29'h day of June, 2009. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: Dated: Dated: ~~ fib) O`~ ATTEST: CLERK OF THE COUNCIL By: MAYOR By: CITY MANAGER By: ACTING EXECUTIVE DIRECTOR, PERSONNEL SERVICES APPROVED AS TO FORM: CITY ATTORNEY 25C-10 This Agreement has been ratified by the membership of the Santa Ana Police Officers Association. Dated: SANTA ANA POLICE OFFICERS ASSOCIATION By: SID NT CHARLES G DWASSER,ESQ. 25C-11 25C-12