HomeMy WebLinkAbout25E - AGMT - MOU - POLICE MANAGEMENT ASSOCIATIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
AGREEMENT WITH THE POLICE
MANAGEMENT ASSOCIATION
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st 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 Management Association regarding wages, hours, and
other terms and conditions of employment.
DISCUSSION
The City and the Police Management Association (PMA) recently completed contract
negotiations, resulting in a three-year contract extension to the FY 2004-10 Memorandum of
Understanding. This extension covers July 1, 2010 through June 30, 2013.
The provisions of this extended agreement are as follows:
1) Salary: 7/01/10-6/30/11 = 0%
7/01/11 - 6/30/12 = 3%
7/01/12-6/30/13 = 3.5%
2) Payment toward 3% at 50 Service Retirement Benefit: "Safety" employees shall contribute
an additional amount toward the City's "employer" rate as follows:
• July 1, 2011 = additional 1.0% for a total of 2.42%
• July 1 2012 = additional 1.0% for a total of 3.42%
3) Retirement Reopener: If the employer contribution rate for a fiscal year meets or exceeds
25%, then the provisions of Article 14.6 "Payment of 3% at 50 Service Retirement Benefit"
shall be reopened at the request of the City.
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Agreement with the Police Management Association
February 22, 2011
Page 2
4) Alternative Work Schedule: Allow employees to work a 4/10 schedule, unless exempted
by the Police Chief or assigned as Watch Commanders.
5) Employees retiring between July 1, 2010 and January 31, 2011 shall receive leave cash
out calculated to include a 6.5% increase in value. In no event shall this be construed as
"reportable compensation" to CalPERS.
6) Vacation Cash Out: For Fiscal Year 2010-2011, employees shall defer regular and/or
longevity vacation cash out. Effective July 1, 2011 through June 30, 2014, employees
may cash out up to 106 hours per year.
7) Management Vacation Cash Out: For Fiscal Year 2010-2011, employees shall defer
management vacation cash out. Effective July 1, 2011 through June 30, 2014, employees
may cash out up to 53 hours per year.
FISCAL IMPACT
There are first-year savings to the City of $486,268 for deferral of salary increases and leave
cash outs. There are additional ongoing savings of $47,907 per year for increased CalPERS
contributions.
APPROVED AS TO FUNDS AND ACCOUNTS
Kathie S. Gonzalez
Executive Director
Personnel Services Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency `-
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THREE-YEAR CONTRACT AMENDMENVEXTENSION TO
THE MEMORANDUM OF UNDERSTANDING, AS AMENDED, BETWEEN
THE CITY OF SANTA ANA
AND
THE SANTA ANA POLICE MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2010-11
THROUGH 2012-13
The City of Santa Ana (CITY) and the Police Management Association (PMA) have met and agreed to
amend the previously amended 2004-10 Memorandum of Understanding (MOU) between the CITY
and PMA, by extending this amended MOU for three (3) additional years. The existing MOU
provisions shall remain unchanged and in effect unless modified by this contract extension. The new
expiration date of the MOU, as amended, shall be June 30, 2013, and the MOU shall be amended as
follows:
AMENDED ARTICLE III (new language in bold italics; deleted provisions lined out)
3.2 Alternative Work Schedules.
a 9/8G wepl(sehedule. Emipleyees essigned te the 207(k) 9/80 wep'(sehedule she" wepli euthep fi-e
rrr,o
seyeig (7) day span. C-seh mine (9) heur wepl(day she!' eensist ef mine (9) houps ef wepli and thipty (80)
minutes unpaid meeltime. The eight (8) heup werkday shall eensist ef eiiqh? (8) heups ef wepli and
wepk pepied she" eemsis? ef twe (2) eenseeutiye weeks, with *Pee (3) shifts ef N heups amd-40
A. All represented employees, except those Lieutenants assigned as Watch Commanders or
assigned to positions designated by the Police Chief as special exemptions, shall be permitted,
at the employee's option, to work a 4110 work schedule.
.?Pmd to Me ?07(kP
4410 work mheeiok sha# work 16 Oem hour nw*da?w in emh 2-8 day F166A 141&* Petqod. Each
PMA 2010-13 Contract Extension Page 1
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workday shall consist of ten (10) hours of work and thirty (30) minutes unpaid mealtime. Said
schedule shall be set by the Police Chief and subject to annual review by the Police Chief.
B. All represented employees (except those Lieutenants assigned as Watch Commanders)
not assigned to the 4110 work schedule shall work a 9180 work schedule. Employees assigned to
the 207(k) 9/80 work schedule shall work either five (5) nine-hour workdays in the first seven (7)
day span and three (3) nine-hour and one (1) eight-hour workdays in the second seven (7) day span, or
alternatively three (3) nine-hour workdays and one (1) eight-hour workday in the first seven (7) day
span and five (5) nine-hour workdays in the second seven (7) day span. Each nine (9) hour workday
shall consist of nine (9) hours of work and thirty (30) minutes unpaid mealtime. The eight (8) hour
workday shall consist of eight (8) hours of work and thirty (30) minutes of unpaid mealtime.
C. Police Lieutenants assigned to the Field Operations Division as Watch Commanders will
continue to be assigned to a 3/12 - 4/12 work schedule. The minimum work day for these employees
will consist of 11 hours and 30 minutes of work, with 30 additional minutes for meals. A minimum
work period shall consist of two (2) consecutive weeks, with three (3) shifts of 11 hours and 30
minutes in one (1) week and four (4) shifts of 11 hours and 30 minutes in the second week.
For purposes of computing holiday, vacation, and sick leave accruals, an eight (8) hour day shall be
the basis for computation.
AMENDED ARTICLE IV (new language in bold italics; deleted provisions lined out)
4.3 Salaries.
A. The base salaries of employees covered by this Agreement shall be adjusted as follows:
1. Effective July 1, 2008, the base salaries of classifications covered by this Agreement
shall be increased by eight (8) salary rate ranges (approximately fetes-pepeen#44%).
2. Effective January 1, 2009, the base salaries of classifications covered by this Agreement
shall be increased by five (5) salary rate ranges (approximately
(2.5%).
liffeetlye July 1, 2009, the base selepies ef elessifiee?iems eeyeped by this Aqpeerflen? ShA
0
3. Effective July 1, 2009, there shall be no salary increase for employees covered by this
Agreement.
0
PMA 2010-13 Contract Extension Page 2
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4. Effective January 1, 2010, there shall be no salary increase for employees covered by this
Agreement.
5. Effective July 1, 2010, there shall be no salary increase for employees covered by
this Agreement.
Agreement. she" be inereased by approximately twe and one half pereen# (2.5-%)-.
6. Effective January 1, 2011, there shall be no salary increase for employees covered
by this Agreement.
7. Effective July 1, 2011, the base salaries of classifications covered by this
Agreement shall be increased by six (6) salary rate ranges (approximately 37.).
8. Effective July 1, 2012, the base salaries of classifications covered by this
Agreement shall be increased by seven (7) salary rate ranges (approximately 3.5%).
9. Should any other bargaining unit, iviM Me emmvNem of , receive a salary or
benefit increase of greater than the combined value of that set forth in "7" and "8"
hereof during the term of this Agreement, PMA employees shall be granted that salary or
benefit equivalent.
10. The City and Association agree that upon the expiration of this Agreement and during the
period of good faith negotiations for a subsequent contract, salary and benefits shall continue
at the then current rate.
AMENDED ARTICLE VI (new language in bold; deleted provisions lined out)
G. Homeland Security Executive Leaders Program. Any employee covered by this Agreement who
successfully completes the Homeland Security Executive Leaders Program shall be paid at a
rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base
monthly salary step.
H. Advanced Leadership Program (note new letter "H"). Additional leadership courses to be added
to the already existing menu contained in the Advanced Leadership Program under existing
Section G are:
• FBI-LEEDA Executive Survival 32 hours
• Role of the Police Chief 40 hours
PMA 2010-13 Contract Extension Page 3
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I. Additional Courses. Any other course, 24 hours or longer, which focuses on developing
leadership skills or increasing knowledge of contemporary law enforcement issues of a
management/executive nature, or which enhances knowledge of community policing strategies
or trends. All such courses shall be reviewed and approved by the Chief of Police after
he/she ensures that the above criteria are met.
AMENDED ARTICLE IX (new language in bold italics, deleted provisions lined out)
9.6 Leave Cash Option. Employees covered by this Agreement may cash out a combination of *e
fellewing holiday, regu/or and/or longevity vacation, and management vocation leaves, up to
a maximum of 120 hours in a calendar year., 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 holiday leave, regular and/or longevity vacation leave, and management
vacation leave.
e-94-OPP-069, year as fe#ews
A. Holiday Leave: Employees may receive cash compensation, computed on straight time
basis, up to a maximum of eighty (80) hours of their holiday leave benefits, including the
floating holiday, set forth in Section 9.2 above. 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 holiday leave time. The ability to cash out holiday leave time shall be reinstated on
July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for
accumulated holiday leave time upon separation from employment with the City, not to exceed a
maximum of 160 hours.
1. Effective July 1, 2010 through June 30, 2013, employees choosing to cash out their
holiday time may do so to a maximum value of 1.33 x 80 hours, or 106 hours per year.
B. Regular and/or Longevity Vocation Leave: Employees may receive cash compensation,
computed on a straight time basis, up to a maximum of eighty (80) hours of earned, unused
regular vacation leave (which includes longevity vacation) benefits, set forth in Sections
10.2 and 10.3, respectively, herein. Effective July 1, 2009, all employees covered by this
Agreement shall defer for the duration of Fiscal Years 2009-10 and 2010-11,
respectively, an employee's ability to cash out vacation leave time. The ability to cash out
vacation leave time shall be reinstated ul 1, Aly 1, 2011. Such deferral shall
not affect an employee's ability to cash out vacation leave time upon separation of
employment with the City.
1. Effective July 1, 201 2011 through June 30, 2G" 2014, employees choosing to
cash out their vacation leave time may do so up to a maximum value of 1.33 x 80 hours,
or 106 hours per year.
PMA 2010-13 Contract Extension Page 4
25E-6
C. Management Vacation Leave: Employees may receive cash compensation, computed on a
straight time basis, up to a maximum of forty (40) hours of earned, unused management
vacation leave benefits, set forth in Section 10.7 herein. Effective July 1, 2009, all
employees covered by this Agreement shall defer for the duration of Fiscal Years 2009-
10 and 2010-11, respectively, an employee's ability to cash out management vacation
time. The ability to cash out management vacation time shall be reinstated July 1, 20W
2011. Such deferral shall not affect an employee's ability to cash out management
vacation time upon separation of employment with the City.
1. Effective July 1, 201-0 2011 through June 30, 20" 2014 employees choosing to
cash out their management vacation leave time may do so up to a maximum value of
1.33 x 40 hours, or 53 hours per year.
The terms and conditions identified in "bold type" above apply to the Cash Option set forth in 9.6
above for the period of time beginning July 1, 2009, and ending June 30, 2014 2014. Effective
July 1, 2014 2014, these terms and conditions no longer apply and the Cash Option reverts to that
set forth above (maximum of 120 hours of combined holiday, regular or longevity vacation, and/or
management vacation).
Notwithstanding the above, employees covered by this Agreement who retire between July 1,
2010 and January 31, 2011, shall have the ability to cash out any and all leaves at a value
increased by six and one-half percent (6.5%) of base pay, plus premiums. In no event shall
this provision be construed as precedent-setting, nor shall this provision entitle an employee to
enhanced retirement benefits of any kind as provided by Ca/PERS, including but not limited to
making this leave cash out reportable to CalPERS as income for the purpose of enhancing an
employee's retirement benefit.
Such cash 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.
AMENDED ARTICLE XI (new language in bold italics, deleted provisions lined out)
11.3 Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or
she furnishes the Executive Director of Personnel Services satisfactory proof of his or her order to
report for duty. Upon return and upon showing of proof of actual service pursuant to such orders,
he or she will be reinstated as provided in Section 9-143 of the Civil Service Rules and Regulations of
the City of Santa Ana.
B. Temporary. Members of the reserve forces of the United States or the National Guard,
granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code,
will be granted leave with pay not to exceed thirty (30) ealendep working days in each calendar year
PMA 2010-13 Contract Extension Page 5
25E-7
after one (1) year's service with the City upon presenting satisfactory proof of orders to and from
such temporary active duties.
AMENDED ARTICLE XII (new language in bold italics, deleted provisions lined out)
12.4 Life Insurance. The City shall continue to pay one hundred percent (100%) of the premium cost
for term life insurance coverage under the policy it maintains on behalf of its officers and
employees in order to provide employees covered by this Agreement with life insurance
coverage in an amount equal to twice such employee's annual rate of salary to a maximum of
three hundred thousand ($300,000), provided said affected employees can provide evidence
of insurability of coverage above one hundred fifty thousand dollars ($150,000) if so required
by the terms and conditions of said term life insurance policy.
AMENDED ARTICLE XIV (new language in bold italics, deleted provisions lined out)
14.6 3% at 50 Service Retirement Benefit for Safety Members. The City agrees to amend its
contract with CalPERS to provide Safety employees represented by this bargaining unit with
the 3% at 50 Service Retirement benefit, effective July 1, 2001.
Payment of 3% at 50 Service Retirement Benefit. The actual cost for the benefit shall be
determined upon receipt of the annual actuarial valuation setting forth employer rates for the
2001-02 fiscal year and every subsequent year thereafter. In order to provide this benefit
to its current safety members, the City and Association agree that eligible employees will pay
50% of the total additional normal cost to provide this benefit, not to exceed 1.42% of safety
payroll. Effective July 1, 2011, current safety members shall contribute an additional
one percent (19) for a total of 2.42% of safety payroll. This additional 19 contribution
shall be implemented through payroll deduction on a pre-tax basis. Effective July 1,
2012, current safety members shall contribute an additional one percent (19) for a total
of 3.42% of safety payroll. This additional 19 contribution shall be implemented through
payroll deduction on a pre-tax basis.
14.I0AReo ever re ardi CalpERS Em to er Contribution
If, at any time during the term of this Agreement, the City receives notification from Cal?ERS
that the employer contribution rate for the cost of providing the 3% at 50 service retirement
benefit to members of the Association meets or exceeds 259, then Article 14.6 'Payment of
39 at 50 Service Retirement Benefit" shall be subject to being immediately reopened for
negotiation at the request of the City.
Yearly A--'--- ti2n E! Wes--? with a year ly- setwerie 1 yelueteem
PMA 2010-13 Contract Extension Page 6
25E-8
and Asseeis4ien agree 4 I
he? the
O
een#ribute
O
O
AMENDED ARTICLE XXVI (new language in bold italics; deleted provisions lined out)
26.1 The term of this Agreement shall be from July 1, 2010 through June 30, 201413.
PMA 2010-13 Contract Extension Page 7
25E-9
AMENDED ARTICLE XXVII (new language in bold italics; deleted provisions lined out)
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 Association and entered into this 29**
22"d ay of February 2011.
CITY OF SANTA ANA, a
Municipal Corporation of the
State of California
Dated:
Dated:
Dated:
ATTEST:
CLERK OF THE COUNCIL
By:
MAYOR
By:
CITY MANAGER
By:
EXECUTIVE DIRECTOR,
PERSONNEL SERVICES
APPROVED AS TO FORM:
CITY ATTORNEY
PMA 2010-13 Contract Extension Page 8
25E-10
This Agreement has been ratified by the membership of the Santa Ana Police Management
Association.
Dated:
SANTA ANA POLICE MANAGEMENT ASSOCIATION
By
STEVE COLON, PRESIDENT
PMA 2010-13 Contract Extension Page 9
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