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Home My WebLink AboutResolution No. 12-C55RESOLUTION NO. 12-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE JULY 16, 2012 SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL EFFECTIVE AUGUST 1, 2011 THROUGH JULY 31, 2012 WHEREAS, the City Council acknowledges Civilian Association of Police Personnel as the recognized employee organization representing those personnel occupying the positions identified in the Memorandum of Understanding (MOU) between the City and the Civilian Association of Police Personnel (CAPP), and WHEREAS, the CAPP and City Staff have met and agreed to a side letter agreement (Agreement) that includes permanent and temporary compensation reductions and continues their MOU until July 31, 2013, and WHEREAS, CAPP has taken this step to assist the City and during its current fiscal challenges, and WHEREAS, the Agreement outlining all aspects of this cost saving agreement between the City of Azusa and the CAPP, is attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does hereby approve the Agreement attached hereto and does direct the representatives of management to affix their signatures thereon. The City Clerk shall certify the passage of this Resolution. APPROVED AND PASSED this 16°i day of July, 2012. oseph R. Rocha, Mayor I HEREBY CERTIFY that the foregoing Resolution wash duly passed by the City Council of the City of Azusa at a regular meeting thereof held on the 16' day of July, 2012. AYES: COUNCILMEMBERS: GONZALES, MACIAS, HANKS, ROCHA NOES: ABSENT: COUNCILMEMBERS: NONE SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF AZUSA AND CIVILIAN ASSOCIATION OF POLICE PERSONNEL REGARDING THE CONTINUATION OF THEIR CURRENT MOU THROUGH JULY 31, 2013 WITH CERTAIN AGREED TO CHANGES The City of Azusa ("City") and the Civilian Association of Police Personnel ("CAPP") have a Memorandum of Understanding ("MOU") that commenced on August 1, 2011 and was set to end on July 31, 2012. The Parties now wish to enter into this Side Letter of Agreement to memorialize the following changes agreed to by both sides: 1. Section 1. in the MOU shall be amended to read as follows: The term of this Memorandum of Understanding (MOU) shall commence August 1, 2012 and shall continue in full force and effect until July 31, 2013. 2. Section 21. in the MOU shall be amended to read as follows: The City shall continue its contract with the California Public Employees' Retirement System (CaIPERS), and for the 2% @ 55 Full Formula plan. The City shall also maintain the increased level of the 1959 Survivor Benefit. The City shall continue to pay both the "employee" and "employer" share of the cost. Effective August 1. 2012, the employees agree to contribute 5% towards the "employer" share of the cost of the Ca1PERS retirement benefit. 3. Section 26. in the MOU shall be added to read as follows: 26. FURLOUGH The employees agree to three furlough days between August, 1, 2012 and July 31. 2013. The employees may schedule these days at their discretion with the approval of their supervisor. Should an employee not schedule their furlough days by March 1, 2013, their sunervisor may then schedule the days so that all three have been scheduled and occur prior to the end of the term of this provision. This will result in employees being placed in an authorized unpaid leave status. Employees may use vacation, floating holidays, comp time. or remain in an unpaid leave during this furlough period. This Section shall not apply to bargaining unit employees employed as dispatchers This addition to the MOU is effective August 1, 2012 and ends on July 31, 2013. 4. Section 22. in the MOU shall be amended to read as follows: The employees agree to a temporary suspension of Tuition Reimbursement from August 1 2012 to July 31 2013 The City agrees that Rose Rodriguez and Tritia Divens the two employees identified by the Association as current and interested participants respectively may participate in the program No additional current or new participants will be allowed to participate in the Tuition Reimbursement Program until the end of this suspension. 5. Section 12.4. in the MOU shall be amended to read as follows: The employees agree to a temporary suspension of Deferred Compensation (Employer Paid) effective the fust full pay period after August 1, 2012 through the pay period that includes July 31, 2013. No employees will receive the $45 City Paid benefit during this period. 6. Section 13. in the MOU shall be amended to read as follows: The employees agree to a temporary suspension of the Computer and Home Exercise Equipment Loan Plan from August 1. 2012 to July 31, 2013. All current loans and terns remain in place. No new participants will be considered until the end of this suspension. 7. Section 17.4. in the MOU shall be amended to read as follows: Sick Leave shall not be construed as a right, which an employee may use at his or her discretion, but shall be allowed only in case of necessity or actual sickness or disability. Sick Leave must be exhausted before Compensatory Time off or Vacation Leave may be used for sick leave reasons. Sick Leave may be taken during the probationary period but only in such amount as the employee would have earned if on permanent status. If the employee does not become permanent, all paid sick leave must be -reimbursed to the City at the time of termination of employment or it shall be deducted from the employee's final paycheck. The Finance Department will analyze and report to the employees the amount of Sick Leave earned, less the amount used, and the net accrued during the calendar year. Employees agree that effective August 1, 2012. through July 31, 2013, the cash conversion found in Section 17.4.5.2 and the cash conversion found in Section 17.4.6.2 are temporarily suspended. No cash out of sick leave to current employees will be allowed during this temporary suspension. This provision does not prohibit the ability to convert sick to vacation as allowed in these sections. 8. Section 17.5.1 and 17.5.2 in the MOU shall be amended to read as follows: 17.5.1 Required Usage and Carryover An employee shall be required to use one half (Yz) of his/her annual vacation accrual yearly and shall be able to cam over one half (%) of one year's vacation accrual from one year to the next, cumulatively, up to a maximum of fifty two (52) times the then -current pay period rate of vacation accrual. Vacation accrual in excess of the aforementioned maximum shall be paid off in four equal annual payments during the term of this MOU; and future accrual, which exceeds the aforementioned maximum, shall be paid to the employee as it is accrued. In special cases where it has not been possible, due to work load and other factors, for the employee to use his/her vacation before reaching the maximum, it shall be within the department head's authority to authorize cash payment in 2 lieu of time off. Employees agree that effective the first full nay period after August 1, 2012 through the pay period that includes July 31, 2013, the automatic payment of Vacation accrual above the maximum accrual amount is temporarily suspended as well as the department head's authority to authorize cash payments in lieu of time off. Employees may accrue above the maximum accrual cap during this temporary suspension. 17.5.2 Cash -In Policy All employees shall be allowed to cash in one-half (%2) of the annual vacation accrual per year in lieu of carrying it over Employees agree that effective August 1, 2012, through July 31, 2013, the Cash -In Policy is temporarily suspended. The City Manager will consider requests from employees based on emergency situations, and those requests will be weighed against the City's current financial situation. 9. Except as modified in this Side Letter of Agreement, the terms and conditions of the MOU shall remain in effect as provided therein. Signatures on next page FOR THE CITY: y Manager Dated: FOR THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL: Gutierrez Kelli