HomeMy WebLinkAboutResolution No. 14-C09RESOLUTION NO. 14-C9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING THE FEBRUARY 18, 2014, SIDE LETTER OF AGREEMENT
TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL
EFFECTIVE AUGUST 1, 2011 THROUGH JULY 31, 2014
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 clarifies how much "New Members" contribute towards their retirement costs,
includes a one-time 2% lump sum payment, temporary suspension of the tuition reimbursement
program and the computer loan program and continues their MOU until July 31, 2014, and
WHEREAS, the Agreement between the City of Azusa and the CAPP, is attached.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofAzusa does
hereby approve the Agreement attached hereto and does direct the representatives of management to
affix their signatures thereon.
PASSED APPROVED and ADOPTED, this 18`h day of February, 2014.
J seph Romero Rocha
ayor
ATTEST:
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City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 14-C9 was duly adopted by the City
Council of the City of Azusa at a regular meeting thereof, held on the 18'h day of February, 2014, by
the following vote of Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCRA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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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, 2014, INCORPORATING THE CHANGES FROM THE SIDE
LETTER OF AGREEMENT APPROVED JULY 16, 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 City and CAPP entered into a Side Letter Agreement approved
by City Council Resolution Number 12-055 on July 16, 2012, amending Sections of the MOU
and extending the MOU until July 31, 2013.
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,
2013, and shall continue in full force and effect until July 31, 2014.
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 (CalPERS), 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
CalPERS retirement benefit.
In accordance with the Public Employees' Pension Reform Act (PEPRA) provisions,
"New Members" are required to pay their CalPERS Member Contribution Rate,
currently 6.75% of their salary. The "New Member" benefit formula, 2% at Age 62
for Miscellaneous Employees and all other related PEPRA provisions went into effect
by law on January 1, 2013.
"New Members" — are new hires who are brought into CalPERS for the first time on or
after January 1 2013 and who have no prior membership in any California public
retirement system• a new hire who is brought into CalPERS membership for the first time
on or after January 1 2013 and who is not eligible for reciprocity with another California
public retirement system or a member who first established CaIPERS membership prior
to January 1 2013 and who is rehired by a different CalPERS employer after a break in
service of greater than six months are also considered "New Members."
CalPERS refers to all members that do not fit within the definition of a "New Member"
as "Classic Members."
The Citv agrees that as long as "New Members" pay their Member Contribution Rate
they will not contribute 5% of their salary toward the Employer Contribution Rate as all
other CAPP covered employees have agreed.
3. Section 22. in the MOU shall be amended to read as follows:
The employees agree to a temporary suspension of Tuition Reimbursement from
February 1, 2014, to July 31, 2014. 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.
4. Section 12.4. in the MOU shall be amended to read as follows:
Effective the first paycheck of the month following Council approval the City
shall provide a one-time employer paid deferred compensation payment of $180
towards all current CAPP employees employed between August 1 2013 and
November 30 2013 who voluntarily suspended their $45/month employer paid
deferred compensation from August to November while we negotiated this
agreement.
5. 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 February 1, 2014, to July 31, 2014. All
current loans and terms remain in place. No new participants will be considered
until the end of this suspension.
6. Section 12.1 in the MOU shall be amended to read as follows:
12.1. Bilingual Pay
The City shall pay an additional $100 per month to personnel demonstrating a
proficiency in a foreign language if they are assigned and required to speak and
translate a foreign language in performance of their duties. An additional
payment of $100 per month shall be paid to those who are proficient in writing in
the foreign language as well.
Such payment is conditional upon demonstration of foreign language proficiency
by a qualified third -party examiner mutually agreed upon by both the City and the
Association. Employees may apply for bilingual pay at any time; however,
examinations shall be conducted semi-annually.
7. Add Section 11.5. Lump Sum Payment to the MOU.
11.5. Lump Sum Pavment
Effective the first paycheck of the month following Council approval the city
shall compensate each employee with a one-time lump sum cash payment equal to
2% of their base salary for a twelve month period. The one time lump sum cash
payment will not be subiect to PERS retirement benefits.
Should the City Council approve a higher percentage Lump Sum Payment to
ACEA or AMMA that would be implemented prior to August 1 2014 the City
will increase the CAPP percentage accordingy. For example if ACEA or
AMMA negotiated a lump sum payment of 2.5% to be received Drior to August 1
2014 then CAPP would receive an additional lump sum payment equal to 5% of
their base salary for a twelve month period. This additional one time lump sum
cash payment would not be subject to PERS retirement benefits.
Except as modified in this Side Letter of Agreement, the terms and conditions of the Side
Letter Agreement approved by the City Council on July 16, 2012, and the MOU shall
remain in effect as provided therein.
Signatures on next page
FOR THE CITY:
r
y Manager v
Dated: Z_/1-
FOR THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL:
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