HomeMy WebLinkAboutAgenda Bill 3.C 10/18/2004CITY OF PETALUMA, CALIFORNIA
OCT 18 2tI04 3, Ce
AGENDA BILL
Agenda Title RESOLUTION RATIFYING MEMORANDUM OF
Meeting Date:
11 UNDERSTANDING
EXECUTED BY THE DULY
October 18, 2004
AUTHORIZED REPRESENTATIVES OF THE CITY AND THE
AMERICAN FEDERATION OF STATE, COUNTY, AND
Meeting Time ® 3:00 PM
MUNICIPAL EMPLOYEES, LOCAL 675, FOR EMPLOYEES OF
❑ 7:00 PM
UNIT 1 (CONFIDENTIAL), UNIT 2 (MAINTENANCE), AND
UNIT 3 (CLERICAL /TECHNICAL)
Category (check one) ® Consent Calendar ❑ PubIic Hearing El New Business
❑ Unfinished Business ❑ Presentation
Department
Director
Contact Person
Phone Number
Human Resources
Pamala Robbins
778 -4343
Finance
Joseph D. Netter
Joseph D. Netter
778 -4323
Cost of Proposal $253,723
Account Number Salary and
Benefit Accounts
Amount B udgeted Sufficient funds are available in the various
Name of Fund Affects the General
funds to meet this cost
Fund, Enterprise Funds and Internal
Service Funds
Attachments to Agenda Packet Item
Resolution Ratifying the Memorandum of Understanding Executed By The Duly Authorized i
epresentatives Of The City And The American Federation of State, County and Municipal Employees,
Local 675, For Employees Of Unit 1 (Confidential), Unit 2 (Maintenance), And Unit 3
(Clerical /Teclulical).
2. Unit 1 (Confidential), Unit 2 (Maintenance), Unit 3 (Clerical/Technical) Memorandum of
Understanding Between AFSCME and the City of Petaluma.
Summary Statement
Pursuant to the provisions of the Meyers - Millias -Brown Act, the representatives of the City of Petaluma
and AFSCME have met and conferred in good faith regarding wages, hours and other terms and cu,.iuitiuns
of employment and jointly present to the City Council of the City of Petaluma as recommendations salary
and employee benefit adjustments for the period July 1, 2004 and ending June 30, 2005 with salary
adjustments effective July 5, 2004.
Recommendations for salary and benefit adjustments are summarized in the attached Memorandum of
Understanding between AFSCME and the City of Petaluma.
Recommended City Council Action /Suggested Motion
Approval of the Resolution
eviewe by Finance Director:
Reviewed by City Attorney
Date:
Approvod by City Manaeer:
Date:
Date:
Todav's Date
Revision # and Date Revised:
File Code:
CITY OF PETALUMA, CALIFORNIA
OCTOBER 18, 2004
• AGENDA REPORT
FOR
Resolution Ratifying the Memorandum of Understanding Executed By The Duly Authorized
Representatives Of The City And The American Federation of State, County and Municipal Employees,
Local 675, For Employees Of Unit 1 (Confidential), Unit 2 (Maintenance), And Unit 3
(Clerical/Technical)
EXECUTIVE SUMMARY
Pursuant to the provisions of the Meyers - Millias -Brown Act, the representatives of the City of Petaluma
and AFSCME have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment and jointly present to the City Council of the City of Petaluma as
recommendations salary and employee benefit adjustments for the period July 1, 2004 and ending June
30, 2005 with salary adjustments effective July 5, 2004.
Recommendations for salary and benefit adjustments are summarized in the attached Memorandum of
Understanding between AFSCME and the City of Petaluma.
2. BACKGROUND
AFSCME, Local 675 Memorandum of Understanding for Units 1, 2 and 3 expired on June 30, 2004.
The City has met and conferred with Union representatives and have reached agreement with the Union
• over the terms and conditions of employment for the contract period July 1, 2004 through June 30, 2005.
Agreements research are outlined in the attached Memorandum of Understanding.
ALTERNATIVES
Not adopt resolution and employees would receive no salary or benefit adjustment for the period July 1,
2004 through June 30, 2005.
4. FINANCIAL IMPACTS
The total cost to the City has been estimated to be $253,723.
CONCLUSION
This Agreement meets the Council Guidelines for the Meet and Confer process.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION:
Implementation of the Contract provisions.
7. RECOMMENDATION
Approval of the Resolution and authorization for the City Manager to amend the MOU with the changes
as described in the attached documents.
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C7
RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES
OF THE CITY AND THE AMERICAN FEDERATION OF
STATE, COUNTY, AND MUNICIPAL EMPLOYEES,
LOCAL 675, FOR EMPLOYEES OF
UNIT 1 (CONFIDENTIAL), UNIT 2 (MAINTENANCE),
AND UNIT 3 (CLERICAL /TECHNICAL)
WHEREAS, the City, through its duly authorized representatives, and the American
Federation of State, County, and Municipal Employees, Local 675, through its duly authorized
representatives, have concluded their mutual obligation to meet and confer in good faith with
respect to terms and conditions of employment for the employees in Units 1, 2, and 3, in
accordance with the Meyers - Milias -Brown Act and the City's Employer - Employee Relations,
Rules, and Regulations (Resolution No. 5512 N.C.S.); and,
WHEREAS, the duly authorized representatives of the City and the American Federation
of State, County, and Municipal Employees, Local 675, have executed a Memorandum of
Understanding pursuant to Section 15, Resolution No. 5512 N.C.S. and recommend its approval
by the City Council; and,
• WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma City Charter,
and as the City's Municipal Employees' Relations Officer (Resolution No. 5375 N.C.S.) is
required and empowered to make a recommendation to the City Council on matters related to
employees' compensation; and,
WHEREAS, the City Manager has reviewed and concurs with said Memorandum of
Understanding for Units 1, 2, and 3 and does recommend that the City Council ratify said
Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding,
being in the best interests of the City, is ratified and the terms and conditions of said
Memorandum of Understanding (as attached) shall be effective July 1, 2004 through June 30,
2005, with salary adjustments effective July 5, 2004.
is
ATTACHMENT A
Unit 1 (Confidential), Unit 2 (Maintenance), Unit 3 (Clerical /Technical)
• Memorandum of Understanding
Between AFSCME and The City of Petaluma
This Memorandum of Understanding is entered into pursuant to the provisions of the
Meyers - Millias -Brown Act, Section 3500 et seq of the Government Code of the State of
California.
The parties have met and conferred in good faith regarding wages, hours and other terms
and conditions of employment for the employees in said representation units, and have freely
exchanged information, opinions, and proposals and have reached agreement on all matters
relating to the employment conditions and employer- employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the City of
Petaluma as the joint recommendations of the undersigned parties for salary and employee
benefit adjustments for the period July 1, 2004 and ending June 30, 2005 with salary adjustments
effective July 5, 2004.
TERM OF AGREEMENT
This Memorandum of Understanding (MOU) shall be effective for a one (1) year term, fiscal year
commencing July 1, 2004 and ending June 30, 2005 with salary adjustment effective July 5,
2004.
SALARY
The City agrees to a general wage increase of three percent (3 %) retroactive to the first pay
period of fiscal year 2004 -2005. (Pay period beginning on July 5, 2004)
DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED
The City inserts the following revised language to update the policy statement.
Discrimination, harassment and retaliation against any employee because of an employee's race,
religion, creed, political affiliation, color, national origin, ancestry, sex, sexual orientation,
gender (or gender identity), age, familial status, veteran's status, physical or mental disability or
medical condition is prohibited. A City employee who feels he or she has been discriminated
against, harassed, or retaliated against needs to report the conduct immediately to his o_ r her
supervisor or to the Human Resources Director.
•
REASONABLE ACCOMMODATION
The City inserts the following revised language to update the policy statement.
In accordance with the California Fair Employment and House Act (FEHA) and the Americans •
with Disability Act (ADA), the City will reasonably accommodate any known protected
disability of an employee.
CaIPERS RETIREMENT CONTRIBUTION
The City inserts the following language to update the CalPERS Retirement Contribution
language.
For the purpose of withholding, the City shall defer the portion of the employee's contribution
paid to CalPERS through Section 414(h)(2) of the Internal Revenue Code.
MEDICAL/DENTAL INSURANCE
The City agrees to continue to fund the health care benefit up to a maximum of $ 896.09 per
month through December 31, 2004. On January 1, 2005, the City will provide a maximum health
care benefit of $1,024.19 per month
The City shall provide the following amounts to active members of this Unit a maximum
monthly insurance contribution for medical and dental coverage. 0
Those employees eligible for:
Employee + 2+ $ 896.09 per month
Employee + 1 $ 712.84 per month
Employee $ 407.42 per month
Effective January 1, 2005 the City shall provide the following amounts:
Employee + 2+
$ 1,024.19 per month
Employee + 1
$ 811.38 per month
Employee
$ 456.69 per month
The City participates in the California Public Employees Medical Health Care Act (PEMHCA)
for members of this Unit. The City contributes in the amount of $100.00 per month per
employee. This $100.00 contribution is included in the insurance contributions cited above.
MEDICAL/DENTAL CASH BACK
Amounts adjusted to reflect the new medical insurance rates.
Coverage Level Medical Premium Amount 50% Cash Back Amount •
Employee $305.42 $152.71
Employee + dependent $610.84 $305.42
oil
Employee + 2 or more
dependents $794.09
$397.05
Effective January 1, 2005 the following are the rates used to determine medical cash back:
Coverage Level Medical Premium Amount 50% Cash Back Amount
Employee $354.69 $177.35
Employee + dependent $709.38 $354.69
Employee + 2 or more
dependents $922.19 $461.10
BILINGUAL PAY
The City inserts the following language to revise bilingual pay.
A qualified employee, who demonstrates Spanish bilingual proficiency at an acceptable
proficiency level as determined by the Human Resources Director, shall be eligible for Spanish
Bilingual Pay in the amount of $200.00 per month. To qualify, an employee must be tested and
certified as proficient at an acceptable proficiency level as determined and certified by the
Human Resources Director and in accordance with the City's Administrative Policy on Bilingual
Proficiency Testing.
• WORK BOOTS
The City revises the reimbursement language to provide for work boot replacement.
The City shall pay the cost of all work boots up to $150.00 per fiscal year. Replacement of work
boots shall be on an as- needed basis with approval of the Department Director. Receipts for work
boot reimbursement shall be submitted to the Human Resources office for processing.
TRANSFER OF SICK LEAVE
The City agrees to clarify sections B and C of the sick leave transfer policy.
A. Transfer amounts may shall be limited to the number of actual hours needed and used by
the recipient.
B. Any donated sick leave hours unused by a recipient shall be returned to the donor.
BEREAVEMENT LEAVE
The City agrees to increase bereavement leave.
An employee shall be ranted u to thirty-two g p rty two (32) hours of bereavement leave in the event of
death in the employee's immediate family. For the purpose of bereavement leave, immediate
3
family shall mean spouse, qualified domestic partner, father, father -in -law, mother, mother -in-
law, brother, brother -in -law, sister, sister -in -law, child (including stepchildren), stepparents,
grandparents and grandchildren or person with whom the employee has a relationship in loco
parentis. Up to an additional eight (8) hours of accrued sick leave maybe granted to supplement •
bereavement leave.
In the event an employee must travel more than 300 miles to attend a funeral or memorial
service, an additional eight (8) hours of bereavement leave shall be granted instead of the use of
eight (8) hours of sick leave.
FAMILY MEDICAL LEAVE ACT
The City inserts the following revised language to update the policy statement.
The City will provide family and medical care leave for eligible employees as required by City
policy, state and federal law and as specifically provided in the Federal Family and Medical
Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CRFA). If possible,
employees must provide thirty (30) days advance notice of leave.
PREGNANCY DISABILITY
The City inserts the following revised language to update the policy statement
The City will provide pregnancy disability leave for eligible employees as required by City
policy and state law and as specifically provided in the Fair Employment and Housing Act and
the California Family Rights Act of 1993. If possible, employees must provide thirty (30) days
advance notice of leave.
PERSONNEL FILES
The City agrees to revise the language regarding employee review of Personnel Files.
Personnel File — Employee Review
An employee (or employee representative with written authorization from the employee) shall
have the right to inspect and review his or her employee personnel file. The employee's
personnel file shall be made available to the employee for inspection and review at a mutually
agreeable time between the employee and Human Resource office staff member.
Personnel File — Review of Adverse Comments Before Entry In
No employee shall have any comment adverse to the employee's interest entered in the
employee's personnel file which may be used for disciplinary action without the employee
having first read and signed, or initialed the document containing the adverse comment. Except
that entry may be made if after reading the comment, the employee refuses to sign or initial the
document. Should an employee refuse to sign or initial the document, that fact shall be noted on
the document and signed or initialed by the supervisor. The employee may write a response to the
document containing the adverse comments for placement in the personnel file.
0
r
Units 1 & 3 Only - COMPENSATION FOR CLOTHING
• The City revised language and benefit.
Reimbursement — Loss of Damaged Clothing
City employees may request reimbursement for the loss or damage of his or her clothing that
results from work activities. Requests for reimbursement shall be submitted to the Department
Director for review and approval. Amounts of reimbursement are at the discretion of the
Department Director.
Unit 2 Onlv — STAND BY
The City revised language and benefit.
When an employee is assigned stand by, the employee must be ready to respond as soon as
possible, be reachable by telephone or pager, be able to report to work in a reasonable amount of
time, and refrain from activities which might impair his/her ability to perform assigned duties.
Standby assignments shall be rotated as equitably as possible among employees with
consideration given for the qualification and ability of an employee to perform the work. Where
possible, standby assignments shall be distributed on a voluntary basis to qualified employees.
An employee shall be required to be on standby assignment when it is determined by the City
• that such assignment is essential to the continuing efficient operation of the City or in an
emergency.
An employee assigned standby shall be compensated at the rate of 18% per hour of his or her
regular hourly rate for every hour the employee actually stands by.
Unit 2 Only — PREMIUM PAY
The City agrees to premium pay.
Arborist Duties
When asked to perform arborist duties having to do with the tree removal permit process, side
walk repair and replacement, development plan review, tree issues or evaluations related to
development, Heritage Tree Ordinance issues and evaluation, tree planting and pruning projects
including planning, design, specifications, implementation, supervision and inspection an
employee shall receive Arborist Premium Pay Differential of one and one -half times regular base
pay for all time performing such work. An employee must possess an International Society of
Arboriculture (ISA) Arborist Certification to perform arborist duties. City retains the right to
consult with an outside consultation service.
Heating Ventilation /Air Con ditioning/Refrigerant
When asked to perform duties involving work on the Heating Ventilation/Air Conditioning
(HVAC) systems beyond maintenance such as compressor replacement, electrical controls,
pneumatic systems or duties of repair and replace and when asked to perform duties involving
5
the handling of refrigerants including the purchasing, handling or recycling an employee shall
receive HVAC /Refrigerant Premium Pay Differential of one and one -half time regular base pay
for all time perform such work. An employee must posses a HVAC, C -10 California Contractors
License and Refrigerant Recovery Certificate. City retains the right to contract out for services. •
Animal Control Officer Field Training
When designated by the Animal Services Manager to perform Animal Control Officer Field
Training for an assigned newly hired Animal Control Officer the approved Animal Control
Officer shall receive 5% above his/her regular base pay. Field training is only those duites
directly related to the training of a newly hired Animal Control Officer.
Premium Pay Differential — DMV Test Examiner
When asked to perform duties involving work on the City of Petaluma's Department of Motor
Vehicle Employer Test Program such as inspections, testing, training, preparing DMV forms,
responding to the DMV audit an employee shall receive. DMV Test Examiner Premium Pay
Differential of one and one -half time regular pay for all time performing such work. An
employee must posses a State of California Department of Motor Vehicles Employer Testing
Program Training Certificate and be able to official perform duties of a DMV Test Examiner
City retains the right to use the DMV for such services.
Unit 2 Only — RETIREMENT PLAN
The City agrees to insert the following language to further define CalPERS Retirement Plan
options. 0
Options
• Third Level - 1959 Survivor's Benefit as provided in Section 21382 5 (May 4 1998).
• Military Service Credit as provide in Section 20930.3 (January 4 1996)
• One -Year Final Compensation as provided Section 20024.2 (November 1 1981
• Credit for Unused Sick Leave as provided in Section 20862 80 (November 1 198 1).
• Cost of Living Allowance 2% a provided by Section 21335 (November 1 1981)
•
I
This document represents the final and complete Agreement resulting from the Meet and Confer
sessions with the American Federation of State, County and Municipal Employees, AFSCME
LOCAL 675, for Employees of Unit 1 (Confidential), Unit 2 — (Maintenance), and Unit 3
(Clerical /Technical).
Representatives of the City and Unit 1, Unit 2, and Unit 3 acknowledge that they have fulfilled
their mutual respective obligations to Meet and Confer under the Meyers - Milias -Brown Act. As a
result, the parties have come to a mutual understanding, which the representatives of the City of
Petaluma and Unit 1, Unit 2, and Unit 3, who have the approval of their members, agree to
recommend for acceptance and approval to the City Council of the City.
The parties affix their signatures as constituting mutual acceptance and recommendation
of this Memorandum of Understanding to become effective July 1, 2004 upon acceptance
and approval of the City Council.
For the Union
�.r, ►�� /o 17
envy cBride, Business Agent Date
AFS
' A
f �Z i l
Bea Melville, Negotiation Committee, Unit 1 Date
AFSCME
Dave eorsey, egotiation o , Unit 1 Date
AFSCME
/0
GA.briel Lanuss , eg tiation Committee, Unit 2 Date
Gary She n, Negotiation Committee, Unit 2 Date
CM
bara Spataro, Ne otiation Committee, Unit 3 Date
AFSCME
Jane Thomson, Negotiation Committee, Unit 3 Date
AFSCME
For the City
41 7
0 / al?-� CL
Pamala Ro bb i ns, obb ns, Intenm Human Resources Manager Date