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HomeMy WebLinkAboutResolution No. 7522RESOLUTION NUMBER U22 A RESOLUTION OF THE CITY COUNCIL OF TUE 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 2, 1984, approved the Memorandum of Understanding between the City of Azusa and the Azusa Police Relief Association, terms and conditions to be effective July 1, 1984; NOW, THEREFORE, BE 1T RESOLVED that the Memorandum of Under- standing attached hereto as Exhibit A is hereby adopted by resolution. The City Clerk shall certify to the adoption of this Resolut- ion and shall transmit a copy thereof to the Azusa Police Relief Assoc- iation. ADOPTED AND APPROVED this 16th day of July, 1984. 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 16th day of July, 1984, by the following vote of the Council: AYES: COUNCILMEMBERS: CRUZ, COOK, CAMREIIA, LATTA, MOSES NOES; COUNCILMEMBERS: NONE ABSENT: COUNCILMEMUERS; NONE Clyy'.Y'CL :RK MEMORANDUM OF UNDERSTA14DING 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 relation's between the City and those employees represented by the Association, authorized representativesof 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- I. SALARY • • Effective July 1, 1984, the base salary of each affected sworn safety and cadet employee shall be increased by 3.8% and other employees by 3.7%, respectively, to the range indicated in Exhibit "A." Each af- fected employee shall remain at the same step he/she is in at that time. The City shall agree to conduct, by outside consultant selected by mutual agreement with the Association, a comprehensive classification and compensation survey of cities selected by mutual agreement with the Association, resulting in a classification plan, salary scale, and position allocation to the plan wherein all City employees represented by this unit are compensated at no less than 100% of the average of the surveyed cities as of November 1, 1984. The final plan shall be as agreed upon mutually with the Association and shall include no less than two thirds of the survey's recommended positions, classifications, and salaries, and shall be implemented by January 1, 1985. If the "Jarvis III" Amendment is approved by the voters in November, 1984, the City and the Association shall again meet to bargain collectively as to the implementation of the completed survey results so as to spread the payment immediately or over 6, 12, or 18 months beginning January 1, 1985, depending on the City's financial condition and recognizing the positive role that the City and the Association can play in maintaining City fiscal integrity and recognizing the long- term positive effect on employee relations of mutual cooperation. 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 Memorandum of Understanding constitute additions to the total compensation received by affected employees. -2- 0 0 III. NOPi-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 affilia- tions. 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 pro- vision or provisions of this Agreement in compliance with state or federal anti -discrimination laws. IV. CITY RIGHTS A. The City reserves, retains and is vestedwith, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision(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- 0 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. 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 programs and standards. 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. -4- 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 accordance with the Personnel Rules and Regulations as they exist as of June 30, 1984, and shall.exercise these rights in conformance with the Personnel Rules and Regula- tions. 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 -5- N 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 jurisdiction, all other provisions of this Memorandum of Under- standing 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. VIII. THE CITY ALSO AGREES TO THE FOLLOWING FOR AFFECTED EMPLOYEES: A. The amount of the Cafeteria Benefit Plan shall be as follows: Safety members: maintain at $280 per month. Police Clerks and Communications Dispatchers: increase to $280 per month. Police Cadets: maintain at $250 per month. From that amount, the City shall deduct the $16 monthly membership M for the employee in the PERS Health Benefit Plan. The balance may be: (a) used by the employee to pay, to the extent available, for individual or dependent health coverage, dental plan, life insurance, deferred income, or other available group insurance or any combination of these items. (b) upon election once per fiscal year, the employee may choose to include some or all of the balance in his or her taxable gross earnings and receive the compensation in cash. B. To compensate sworn personnel for holidays as listed in Exhibit "B" attached hereto, at the rate of eight hours per holiday of holiday pay, plus 40 hours of vacation leave per year. C. The City shall provide group term life insurance to all Association members in an amount of coverage equal to one times the member's annual earnings. D. The City shall provide long-term disability insurance to sworn -safety personnel beginning July 1, 1984, E. The City's tuition reimbursement program shall be increased $100 to $300 per year. VIII. TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on July 1, 1984, and shall continue through and including June 30, 1985. 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 Memorandum of Understanding, or should any state or Federal law -7- 0 0 render a clauses} 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 Memo- randum 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. AZUSA PO CE REL i�' ASSOCIATION 1 )'2-9'11' p'/ BY !/'/ DATE / "� U 7 DATE 7- - S/ BY DATE CITY OF USA BY DAT9�/C �,4/ BY DATE 1. AZUSA POLICE RELIEF ASSOCIATION CLASSIFICATION RANGE SCHEDULE JULY 1, 1984 (EXHIBIT A) CLASSIFICATION Police Sergeant Police Officer Communications Dispatcher Police Clerk Police Cadet Corporal Officer ) Motor Officer ) are all assigned Police Officer Detective ) positions and receive Police Sergeant Detective ) 5% differential ONTHLY RANGE IST 6 51H STEP 139.3 2258/2683 134.8 1855/2209 127.2 1?19/1580 124.8 1/81/1417 116.4 804/967 0 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 c