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HomeMy WebLinkAboutResolution No. 73500 0 RESOLUTION NO. 7350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE AZUSA POLICE RELIEF ASSOCIATION. WHEREAS, the City Council, at their regular meeting of July 5, 1983, approved the Memorandum of Understanding bet- ween the City of Azusa and the Azusa Police Relief Association, terms and conditions to be effective July 3, 1983: NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding attached hereto as Exhibit A is hereby adopted by resolution. The City Clerk shall certify to the adoption of this Resolution and shall transmit a copy thereof to the Azusa Police Relief Association. ADOPTED AND APPROVED this 17th day of October, 1983. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof held on the 17th day of October, 1983, by the following vote of the Council: AYES: COUNCILMEMBERS: CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE C T CL R • MEMORANDUM OF UNDERSTANAG BETWEEN THE CITY OF AZUSA AND THE AZUSA POLICE RELIEF ASSOCIATION EXHIBIT A This Memorandum of Understanding is entered into with reference to the following facts: (1) the Azusa Police Relief Association (hereinafter referred to as "Association") is the recognized employee organization representing those personnel (hereinafter referred to as "affected employees") employed by the various departments of the City of Azusa (hereinafter referred to as "City"), and occupying the classifications as listed in Exhibit "A" attached hereto: (2) in the interest of maintaining harmonious relations between the City and those employees represented by the Association, authorized representative of the City and the Association have met and conferred in good faith, exchanging various proposals concerning wages, hours, and other terms and conditions of employment to affected employees; and (3) the authorized representatives of the City and the Association have reached an understanding and agreement as to certain changes in wages, hours, and other terms and conditions of employment of the affected employees which shall be submitted to the City Council of the City for approval and implementation of these changes by appropriate ordinance, resolution, or other lawful action. Therefore, the City and the Association agree that, subject to approval and implementation by the City Council of the City, the wages, hours, and other terms and conditions of employment for all affected employees shall be altered as follows: - 1 - 0 0 I. SALARY Effective July 3, 1983, the base salary of each affected employee shall be increased by 5.0% to the range indicated in Exhibit "A." Each affected employee shall remain at the same step he/she is in at that time. II. TOTAL COMPENSATION As a matter of philosophy, the Association and the City recognize that compensation consists of terms and conditions of employment other than those represented solely by salary. Further, the City and the Association recognize that the changes in wages, hours, and other terms and conditions of employment as set forth in this Memo- randum of Understanding constitute additions to the total compensa- tion received by affected employees. III. NON-DISCRIMINATION A. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Association activities or to refrain from joining or partici- pating in protected activities in accordance with Government Code Section 3500, et seq. B. The City and the Association agree that they shall not discrimi- nate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations. The City and the Association shall reopen any provisions of this Agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with state or federal anti- discrimination laws. - 2 - IV. CITY RIGHTS A. The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions(s) of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Under- standing. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or nonexistence of facts which are the basis of the Management decision. 3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. 5. To determine methods of financing. 6. To determine types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. 8. To determine and change the number of locations, relo- cations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City. - 3 - 9. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments. 10. To relieve employees from duties for lack of work or similar nondisciplinary reasons. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote or otherwise discipline employees for proper cause. 13. To determine job classification and to reclassify employees. 14. To hire, transfer, promote or demote employees for nondisciplinary reasons in accordance with this Memorandum of Understanding and applicable Resolutions and Codes of the City. 15. To determine policies, procedures and standards for selection, training.and promotion of employees. 16. To establish employee.performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operation. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. B. The City shall have the right to exercise the rights provided in sections "9" through "16" of the Management rights clause, in - 4 - accordance with the Personnel Rules and Regulations as they exist as of June 30, 1983, and shall exercise these rights in conformance with the Personnel Rules and Regulations. C. Except in emergencies, or where the City is required to make changes in its operations because,of the requirements of law, whenever the exercise of Management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding, or in Personnel Rules and Salary Resolutions and Administrative Code(s) which are incorporated in this Agreement. By agreeing to meet and confer with the Association as to the impact and the exercise of any of the foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished. V. SEPARABILITY Should any provisions of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent juris- diction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. VI. MAINTENANCE OF EXISTING BENEFITS Except as provided herein, all wages, hours, and economic terms and conditions of employment presently enjoyed by affected employees shall remain in full force and effect during the entire term of this Memorandum of Understanding unless mutually agreed to the contrary by both parties hereto. - 5 - VII. THE CITY ALSO A• ES TO THE FOLLOWING FOR AFFECTED EMPLOYEES: A. To replace worn safety equipment for current sworn employees as required by department head; and to provide safety equipment for new employees. B. To revise standby policy to reflect pay at straight time hour -for - hour with a four-hour minimum and eight-hour maximum. C. To compensate for holidays as listed in Exhibit "B" attached hereto. D. To revise the vacation accrual benefit to reflect the following: Eleven days of vacation shall accrue per year during the first five (5) years of service; fifteen days of vacation shall accrue during the sixth year; and one additional day shall accrue each year thereafter to a maximum of twenty-four (24) days accrual during the sixteenth year. Balance of vacation policy to remain the same. E. To revise the sick leave benefit by expanding the policy as follows: "In the event of the death of a relative beyond the aforementioned relationships, accrued sick leave not to exceed three days may be granted for cause by the department head, subject to the approval of -- and appealable to -- the City Administrator.':' F. To revise the sick leave use policy as follows: "Sick leave shall not be taken in units of less than one-half hour." G. To revise the holiday benefit as follows: "Classified employees shall not be eligible for holiday pay until after completion of 30 calendar days of service." H. To cover increase in cost of health and dental insurance premiums to a total dollar amount not to exceed $30 per month effective March 1, 1984, through June 30, 1984. I. To allocate $300 to APRA for PERS actuarial report on alternate retirement plans. VIII. TERM OF MEMORANDU14 OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on July 3, 1983, and shall continue through and including June 30, 1984. IX. SAVINGS CLAUSE Should any state or federal law mandate the loss of revenue to the City as a result of the implementation of any clause of this Memo- randum of Understanding, or should any state or federal law render a clause(s) of this Memorandum of Understanding invalid, then those changes alone shall not be given effect and the remainder of this Memorandum of Understanding shall be unaffected and shall remain in full force and effect. X. RE -OPENER Should paragraph IX render invalid any provisions of this Memorandum of Understanding, then meet and confer sessions shall immediately commence in an effort to agree upon replacements for such invalidated provisions. XI. IMPLEMENTATION This Memorandum of Understanding is subject to approval of the City Council of the City of Azusa, and following such approval shall be implemented by appropriate resolution(s) or ordinance(s) of the City Council. - 7 - N 0 DATE -74Z-6 3 DATE 09- O 5 -'SS CITY 01 AZ BY DATE Char es Martin, City Administrator BY s� _ DATE Alex McFarlane, Finance Officer 0 AZUSA POLICE RELIEF ASSOCIATION CLASSIFICATION RANGE SCHEDULE JULY 3, 1983 (EXHIBIT A) POSITION RANGE Police Sergeant 138.4 Police Officer 133.9 Communications Dispatcher 126.3 Police Clerk 123.9 AZUSA POLICE RELIEF ASSOCIATION MEMORANDUM OF UNDERSTANDING (EXHIBIT B) HOLIDAYS Employees affected by the aforementioned Memorandum of Understanding shall receive or.be compensated for the following holidays: New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day