HomeMy WebLinkAboutStaff Report 3.B 05/15/2017TO:
FROM
Agenda Item #3.B
Honorable Mayor and Members of the City Council through City Manager
Amy Reeve, Director of Human Resources
SUBJECT: Adoption (Second Reading) of an Ordinance Amending the Contract with
Ca1PERS for Members Represented by the American Federation of State, County
and Municipal Employees (AFSCME) and Petaluma Professional Mid - Managers
Association (PPMMA)
RECOMMENDATION
It is recommended that the City Council adopt the Ordinance approving an Amendment to the
Contract with Ca1PERS for Members Represented by the American Federation of State, County
and Municipal Employees (AFSCME) and Petaluma Professional Mid - Managers Association
(PPMMA).
BACKGROUND
At their meeting of April 17, 2017, the City Council unanimously approved, introduction of the
ordinance approving an Amendment to the Contract with Ca1PERS for Members Represented by
the American Federation of State, County and Municipal Employees (AFSCME) and Petaluma
Professional Mid - Managers Association (PPMMA). The Contract Amendment will permit a 3%
employee cost share of PERS Employer Contributions.
The ordinance was introduced (as presented) at the Council meeting. No changes have been
made.
ATTACHMENTS
1. Ordinance
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EFFECTIVE DATE
OF ORDINANCE
Introduced by
ORDINANCE NO. N.C.S.
Seconded by
Attachment 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
PETALUMA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees' Retirement System
(PERS) by the execution of a contract, and sets forth the procedure by which public
agencies may elect to subject themselves and their employees to amendments to said
Law; and
WHEREAS, the City of Petaluma, by action of the City Council in accordance
with the Public Employee's Retirement Law, has entered into a contract with PERS
effective January 1, 1950, and subsequently amended, with the most recent amendment
occurring December 28, 2012, which PERS contract provides for participation of the City
and its employees in PERS; and
24 WHEREAS, one of the steps in the procedures to amend a public agency contract
25 with PERS is the public agency governing body's adoption of a resolution giving notice
26 of its intention to approve a contract amendment, which resolution shall contain a
27 summary of the proposed contract change; and
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29 WHEREAS, on April 17, 2017, the Petaluma City Council adopted Resolution
30 no. giving the following summary of a proposed change to the City's PERS contract
31 in accordance with agreements reached with City bargaining units regarding such change
32 and the Public Employees' Retirement Law to provide for contributions of specified unit
33 members to the City's cost of participating in the City's PERS agreement:
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35 To become subject, from and after the effective date of the amendment, to Section
36 20516 of the Public Employees' Retirement Law (Employees Sharing Additional
37 Cost) to provide for employee cost sharing of 3% for local miscellaneous
38 members in the American Federation of State, County and Municipal Employees
39 Unit 1 Confidential, American Federation of State, County and Municipal
40 Employees Unit 2 Maintenance, American Federation of State, County and
41 Municipal Employees Unit 3 Clerical and Technical, Petaluma Professional and
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Attachment 1
1 Mid - Managers Association Unit 4 Professional, Petaluma Professional and Mid -
2 Managers Association Unit 9 Mid Managers and Petaluma Professional and Mid -
3 Managers Association Unit 11 Confidential; and
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5 WHEREAS, in accordance with Sections 20471 and 20474 of the Public
6 Employees' Retirement Law, adoption of Resolution no. giving notice of a
7 proposed amendment to the City's PERS contract must occur not less than 20 days prior
8 to the date at which this ordinance is adopted; and
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10 WHEREAS, in accordance with Section 20474 of the PERS Law, an election of
11 the employees affected by the proposed amendment to the City's PERS contract will be
12 conducted and canvassed, and this ordinance may only be adopted if a majority of the
13 affected employees do not vote to disapprove of the proposed amendment;
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16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 PETALUMA AS FOLLOWS:
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19 Section 1: An amendment of the contract between the City Council of the City of
20 Petaluma and the Board of Administration, California Public Employees' Retirement System is
21 hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A ", and by
22 such reference made a pant hereof as though herein set out in full.
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24 Section 2: The Mayor is hereby authorized, empowered, and directed to execute said
25 amendment for and on behalf of the City.
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27 Section 3: In accordance with Section 20474 of the Public Employees' Retirement Law,
28 the City and its affected employees shall become subject to the amendment attached as Exhibit A
29 beginning the first day of the first pay period following the effective date of this ordinance.
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31 Section 4: This Ordinance shall take effect thirty (30) days after the date of its adoption.
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34 Section 5: If any section, subsection, sentence, clause, phrase or word of this ordinance
35 is for any reason held to be unconstitutional, unlawful or otherwise invalid,by a court of
36 competent jurisdiction or preempted by state legislation, such decision or legislation shall not
37 affect the validity of the remaining portions of this ordinance. The City Council of the City of
38 Petaluma hereby declares that it would have passed and adopted this ordinance and each and all
39 provisions thereof irrespective of the fact that any one or more of said provisions be declared
40 unconstitutional, unlawful or otherwise invalid.
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43 Section 6: The City Clerk is hereby directed to publish or post this ordinance or a
44 synopsis for the period and in the manner provided by the City Charter and other applicable law.
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Attachment 1
INTRODUCED, and ordered posted /published, this 15th day of May, 2017.
ADOPTED this day of , 2017, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
ATTEST:
Claire Cooper, City Clerk
David Glass, Mayor
APPROVED AS TO FORM:
Eric W. Danly, City Attorney
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