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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 o Employer-Employee Relations Rules and Regulations; and 9 WHEREAS, the City and the CPOA have previously entered into a Memorandum 10 of Understanding which took effect on January 1, 2008, and expired on December 31, 11 2009; and 12 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 21 the CPOA and the City Manager on April 27, 2010; and 22 WHEREAS, this impasse meeting was held on May 4, 2010 for the purpose of j-t~J _. reviewing the position of the City and the CPOA in a final effort to reach agreement on all 25 disputed issues; and 26 27 28 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 4 WHEREAS, the City and the CPOA were unable to reach agreement on 5 changing retirement benefits for employees hired with the City in the future; and 6 WHEREAS, the parties agreed to reopen the contract on the issue of retirement 7 benefits for future employees; and o 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 16 WHEREAS, as a result of said negotiations and impasse procedures, the City 17 has made a last, best and final offer to the CPOA regarding the retirement benefit 18 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 26 last, best and final offer in these areas; and 27 28 1 2 3 et. seq.) and Section IV of the City's Employer-Employee Relations Rules and 4 Regulations. 5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 6 Carlsbad, California, as follows: 7 1. That the above recitations are true and correct.8 9 10 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 13 benefit provisions that constitute the City's last, best and final offer in these areas as set 14 forth in Exhibit A, attached hereto and incorporated by reference herein. 15 That the City Council directs staff to amend the City's contract with the // 16 17 18 19 20 21 22 23 II 24 II 25 26 " 27 " 28 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.