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HomeMy WebLinkAboutE-19 Staff Report - Non-Represented EmployeesCONSENT ITEM E-19 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: TALIKA M. JOHNSON, DIRECTOR OF ADMINISTRATIVE SERVICES DATE: AUGUST 16, 2021 SUBJECT: ADOPTION OF A RESULOTION TO RESCIND ALL RESOLUTIONS RELATING TO NON-REPRESENTED EMPLOYEES AND ESTABLISH NEW PARAMETERS BACKGROUND: Throughout the years, the City of Azusa has adopted numerous resolutions pertaining to Non-Represented employees; each resolution amends the previous. As such, there is no clear procedure for matters related to this group of employees. The recommended action requests the rescinding of all previous resolutions relating to non-represented employees and establish new parameters for employer-employee relations. RECOMMENDATION: Staff recommends the City Council take the following action: 1)Adopt the attached Resolution No. 2021-C39 approving the rescinding of all previous resolutions relating to Non-represented employees and establish new parameters. ANALYSIS: The City has an established Employee-Employer Relations Resolution that provides orderly procedures for the administration of employer-employee relations and employee organizations. However, the City also has unrepresented employees whose jobs are typically confidential in nature, and thus cannot be members of employee organizations whose members do not hold confidential positions. Formalizing the recommended Resolution will provide direction to non-represented employees and administrative staff as it relates to bargaining unit affiliation for determining salaries, benefits, and other terms and conditions of employment. Procedures will be set forth to establish precedence in the event of any bargaining unit affiliation change requests. This will ensure that the City and the respective non-represented employees are able to address such needs in a timely and efficient manner. APPROVED CITY COUNCIL 8/16/2021 Non-Represented Employees Resolution August 16, 2021 Page 2 FISCAL IMPACT: There is no impact to the Fiscal Year 2021/22 budget. Prepared by: Reviewed and Approved: Diana Reyes Talika M. Johnson Human Resources Specialist I Director of Administrative Services Reviewed and Approved: Sergio Gonzalez City Manager Attachments: 1) Resolution No. 2021-C39 rescinding all previous resolutions relating to non-represented employees and establish new parameters 2) Exhibit A to the Resolution 3) Exhibit B to the Resolution RESOLUTION NO. 2021-C39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO RESCIND ALL RESOLUTIONS RELATING TO NON-REPRESENTED EMPLOYEES AND ESTABLISH NEW PARAMETERS WHEREAS, the City of Azusa rescinds all previous resolutions related to Non- Represented Employees; and WHEREAS, Non-Represented employees are not entitled to a meet-and-confer; and WHEREAS, the City of Azusa will provide a list of all Non-Represented job classifications and their respective bargaining unit affiliations, attached hereto as Exhibit “A”; and WHEREAS, the City of Azusa will establish new parameters for Non-Represented employee procedures, attached hereto as Exhibit “B”; and WHEREAS, the City Manager has full authority to determine the MOU to which non-represented employees benefits are affiliated with. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does hereby: Section 1. Approve the rescinding of all previous resolutions relating to Non-Represented Employees and the establishing of new parameters in accordance with Exhibits A and B attached hereto. ADOPTED AND APPROVED this 16th day of August, 2021. Robert Gonzales, Mayor 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 August, 2021. AYES: BOARD/COUNCIL MEMBERS: NOES: BOARD/ COUNCIL MEMBERS: ABSTAIN: BOARD/COUNCIL MEMBERS: ABSENT: BOARD/COUNCIL MEMBERS: Jeffery A. Cornejo Jr., City Clerk Attachment 1 Exhibit A 1 CITY OF AZUSA COMPENSATION AND SALARY MEMORANDUM COVERING NON-REPRESENTED CLASSIFIED EMPLOYEES COMPENSATION AS OF AUGUST 1, 2021 Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Administrative Analyst (Police) 4192 $5,367.43 $5,635.80 $5,917.59 $6,213.47 $6,524.15 Administrative Technician (Police) 4174 $4,525.78 $4,752.07 $4,989.67 $5,239.16 $5,501.11 Assistant Chief Deputy City Clerk 3243 $5,332.76 $5,562.23 $5,803.12 $6,056.09 $6,321.63 Chief Deputy City Clerk 3411 $7,679.58 $8,083.73 $8,509.26 $8,957.08 $9,428.54 Emergency Operations Coordinator 3306 $5,450.62 $5,729.88 $6,131.93 $6,472.61 $6,813.26 Exec Assistant Admin Svcs Dept 4179 $4,978.36 $5,227.27 $5,488.63 $5,763.06 $6,051.22 Exec Assistant to the City MGR 4187 $5,179.94 $5,483.94 $5,710.88 $5,996.43 $6,296.25 HR/RM Management Analyst 4192 $5,367.43 $5,635.80 $5,917.59 $6,213.47 $6,524.15 Human Resources Manager 3412 $8,532.57 $8,959.19 $9,407.15 $9,877.51 $10,371.39 Human Resources Technician 4174 $4,525.78 $4,752.07 $4,989.67 $5,239.16 $5,501.11 Human Resources Specialist I 4174 $4,525.78 $4,752.07 $4,989.67 $5,239.16 $5,501.11 Human Resources Specialist II 4179 $4,978.36 $5,227.27 $5,488.63 $5,763.06 $6,051.22 Management Analyst 3295 $5,153.30 $5,475.39 $5,797.46 $6,119.54 $6,441.65 Police Communication Supervisor 9195 $6,389.45 $6,708.88 $7,044.32 $7,396.53 $7,766.37 Police Officer Trainee 6184 $5,490.84 $5,765.38 $6,053.65 $6,356.33 $6,674.15 Senior Management Analyst 3306 $5,668.64 $5,959.08 $6,377.21 $6,731.51 $7,085.79 Senior Management Analyst CMO 3306 $5,668.64 $5,959.08 $6,377.21 $6,731.51 $7,085.79 Training Coordinator 9192 $5,541.90 $5,819.00 $6,109.94 $6,415.44 $6,736.21 *Due to rounding of figures, they may vary slightly from final computer figures, which are carried to 4 decimal places. BENEFITS All basic employee benefits, including but not limited to, cost-of-living increases, the flexible benefit plan, vacation leave, sick leave, holidays, and other insurances for employees in all of the aforementioned classifications shall be in accordance with corresponding benefits in the Memoranda of Understanding between the City and the affiliate bargaining unit and any addendum thereto as outlined below: Classification Affiliated Benefits Memorandum Administrative Analyst (Police) Civilian Association of Police Personnel Administrative Technician (Police) Civilian Association of Police Personnel Assistant Chief Deputy City Clerk Azusa City Employee Association Chief Deputy City Clerk Azusa Middle Management Association Emergency Operations Coordinator Azusa Middle Management Association Exec Assistant Admin Svcs Dept Azusa City Employee Association Exec Assistant to the City MGR Azusa City Employee Association HR/RM Management Analyst Azusa City Employee Association Human Resources Manager Azusa Middle Management Association Human Resources Technician Azusa City Employee Association Human Resources Specialist I Azusa City Employee Association Human Resources Specialist II Azusa City Employee Association Management Analyst Azusa City Employee Association Police Communication Supervisor Civilian Association of Police Personnel Police Officer Trainee Azusa Police Officers Association Senior Management Analyst Azusa Middle Management Association Senior Management Analyst CMO Azusa Middle Management Association Training Coordinator Civilian Association of Police Personnel Exhibit A 2 The following positions are currently unrepresented. Incumbents in these positions have submitted Bargaining Unit Recognition Petitions in accordance with the City’s Employer-Employee Relations Resolution and wish to be formally represented, and therefore will no longer be unrepresented: Classification Bargaining Unit Representation Court Liaison Officer Civilian Association of Police Personnel Jail, Fleet & Facilities Coordinator Civilian Association of Police Personnel Prop. Evid & Crime Scene Tech Civilian Association of Police Personnel EXHIBIT B 2 OUTLINE OF CONTENTS SECTION 1. TITLE OF RESOLUTION 3 SECTION 2. PURPOSE OF RULES AND REGULATIONS 3 SECTION 3. DEFINITIONS 3 SECTION 4. ADVANCE NOTICE 5 SECTION 5. FILING OF MODIFICATION PETITION OF 5 APPROPRIATE AFFILIATE UNIT SECTION 6. CITY RESPONSE TO MODIFICATION PETITION 6 SECTION 7. POLICY AND STANDARDS FOR DETERMINATION OF 7 APPROPRIATE AFFILIATE UNITS SECTION 8. PROCEDURE FOR MODIFICATION OF ESTABLISHED 8 APPROPRATE AFFILIATE UNITS EXHIBIT B 3 Section 1. Title of Resolution. This Resolution shall be known as the Resolution for Non-Represented Employees of the City of Azusa ("City"). Section 2. Purpose of Rules and Regulations. The purpose of these rules and regulations is to provide orderly procedures for the administration of employer-employee relations between the City and its Non-Represented employees as it relates to bargaining unit affiliation, compensation, and other terms and conditions of employment. Section 3. Definitions. Definitions found in Government Code Section 3501 shall be applicable to these rules and regulations. For purposes of these rules and regulations, the following definitions, in addition to those specified above, shall be applicable: (a) AFFILIATE UNIT: shall mean the Exclusively Recognized Employee Organization (i.e. Bargaining Unit) in which an unrepresented employee’s compensation and benefits, including but not limited to cost of living adjustments, flexible benefit plan contributions, leave accruals and use provisions, and other benefits and insurances, are associated with; (b) CITY: shall mean the City of Azusa; (c) CITY MANAGER: shall mean the City Manager of the City of Azusa; (d) DAYS: means "calendar days" unless otherwise stated; (e) EMPLOYEE RELATIONS OFFICER: means the City Manager; (f) EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION: an employee organization which has been formally acknowledged by the City as the employee organization that represents a majority of the employees in an appropriate representation unit pursuant to the provisions of Resolution No. 10-C93; EXHIBIT B 4 (g) UNREPRESENTED EMPLOYEE: means an employee not a member of an Exclusively Recognized Employee Organization. Section 4: Advance Notice. Written notice does not need to be given to an Exclusively Recognized Employee Organization affected by any ordinance, rule, resolution policy or regulation directly relating to matters within the scope of non-represented employees that is proposed to be adopted by the City. Section 5: Filing of Modification Petition of Appropriate Affiliate Unit. An unrepresented employee that seeks to modify the Exclusively Recognized Employee Organization in which their salary and benefits are associated with shall file a Modification Petition with the Employee Relations Officer containing the following information and documentation: (a) Name, Department, Position Title, and contact information of the employee; and (b) A statement justifying the request for affiliate unit modification in accordance with Section 7. Section 6. City Response to Modification Petition. Upon receipt of the petition, the Employee Relations Officer shall determine whether: (a) There has been compliance with the requirements of the Modification Petition; and (b) The proposed representation unit is an appropriate unit in accordance with Section 7. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall so inform the petitioning employee, shall give written notice of EXHIBIT B 5 such request for affiliate unit modification to the employee including an effective date in which the modification will take place. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall inform the petitioning employee organization of the reasons therefore in writing. Section 7. Policy and Standards for Determination of Appropriate Affiliate Units. The policy objectives to be served in determining the appropriateness of affiliate units shall be (a) the effect of a proposed affiliate unit on the operations of the City, and (b) the compatibility of a proposed affiliate unit with the primary responsibility of the City and its employees to effectively and economically serve the public, and (c) the provision to employees of effective compensation and benefits based on a recognized community of interest. Among the factors to be considered in determining community of interest are: (a) Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. (b) History of representation in the City and similar employment, except, however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. (c) Consistency with the administrative organization of the City. (d) Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units. (e) Effect on the classification structure and impact on employer-employee relations, as well as the employee's rights to self-determination, of dividing single or related classifications among two or more units. EXHIBIT B 6 The Employee Relations Officer shall allocate new classifications or positions, delete eliminated classifications or positions, from units in accordance with the provisions of this Section. Section 8. Procedure for Modification of Established Appropriate Affiliate Units. An unrepresented employee may submit a petition for modification of established appropriate affiliate units to the City’s Human Resources Office. Human Resources will then forward this request to the Employee Relations Officer for approval. A Modification Petition must be filed by the unrepresented employee. Such requests shall be submitted in the form of a Modification Petition, and, in addition to the requirements set forth in Section 5, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 4 hereof. The Employee Relations Officer shall process such petitions as Modification Petitions under this Resolution.