HomeMy WebLinkAbout2010-06-08; City Council; Resolution 2010-1411 RESOLUTION NO. 2010-141
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, RESOLVING THE IMPASSE
3 AND ADOPTING AND IMPLEMENTING CERTAIN
4 BENEFIT TERMS AND CONDITIONS FOR EMPLOYEES
REPRESENTED BY THE CARLSBAD POLICE OFFICERS'
5 ASSOCIATION
6 WHEREAS, the Carlsbad Police Officers' Association (CPOA) is the exclusively
7 recognized employee organization representing police employees under the City's
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Employer-Employee Relations Rules and Regulations; and
9 WHEREAS, the City and the CPOA have previously entered into a Memorandum
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of Understanding which took effect on January 1, 2008, and expired on December 31,
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2009; and
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WHEREAS, the City and the CPOA began meeting and conferring on November
14 12, 2009 in an effort to reach agreement on a Memorandum of Understanding and held
15 several meetings over the last six months, supplemented by additional proposals that
16 were exchanged electronically; and
17 WHEREAS, the City initiated the impasse procedure by filing a written request for
18 an impasse meeting together with a statement of its position on all disputed issues in
19 .- *• ^negotiations; and
20 WHEREAS, the City's written request for an impasse meeting was sent to both
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the CPOA and the City Manager on April 27, 2010; and
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WHEREAS, this impasse meeting was held on May 4, 2010 for the purpose of
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_. reviewing the position of the City and the CPOA in a final effort to reach agreement on all
25 disputed issues; and
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1 WHEREAS, the parties have reached tentative agreement on the economic
2 aspects of a successor MOU, the terms and conditions which will be presented for
approval by the City Council as part of a separate action; and
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WHEREAS, the City and the CPOA were unable to reach agreement on
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changing retirement benefits for employees hired with the City in the future; and
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WHEREAS, the parties agreed to reopen the contract on the issue of retirement
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benefits for future employees; and
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9 WHEREAS, it was determined by the parties that a reopener meeting on the
10 remaining disputed items was unnecessary; and
11 WHEREAS, as agreed to by the parties, an impasse still exists on the remaining
12 disputed items and any further meetings on the disputed items would be futile; and
13 WHEREAS, as agreed to by the parties, an impasse hearing with the City
14 Council will not be required and all of the impasse procedure requirements outlined in the
City's Employer-Employee Relations Rules and Regulations have been satisfied; and
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WHEREAS, as a result of said negotiations and impasse procedures, the City
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has made a last, best and final offer to the CPOA regarding the retirement benefit
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provisions that are still at issue; and
20 WHEREAS, as of May 19, 2010, the CPOA has rejected said final offer; and
21 WHEREAS, it is therefore apparent that the City and the CPOA have reached an
22 impasse in their negotiations regarding the retirement benefits of future employees for a
23 term which includes January 1, 2010 through December 31, 2012; and
24 WHEREAS, the City Council believes it is in the best interest of the City to
25 impose the retirement benefit provisions that are still at issue and that constitute the City's
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last, best and final offer in these areas; and
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3 et. seq.) and Section IV of the City's Employer-Employee Relations Rules and
4 Regulations.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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1. That the above recitations are true and correct.8
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WHEREAS, the City Council possesses the power to resolve the impasse in
negotiations pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500
2. That an impasse in negotiations regarding the retirement benefits of future
employees exists between the City and the CPOA.
3. That the City Council determines that the impasse in negotiations between
12 the City and the CPOA shall be resolved by adopting and implementing the retirement
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benefit provisions that constitute the City's last, best and final offer in these areas as set
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forth in Exhibit A, attached hereto and incorporated by reference herein.
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That the City Council directs staff to amend the City's contract with the
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California Public Employees' Retirement System (CalPERS) to create a 2nd tier retirement
plan for police employees at the 2% @ 50 retirement formula effective October 4, 2010.