HomeMy WebLinkAbout2013-08-27; City Council; Resolution 2013-210RESOLUTION NO. 2013-210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY QW CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO XHE 2013/14
MEMORANDUM OF UNDERSTANDING, ARTICLE 44 -^YOFF, BETWEEN
THE CITY OF CARLSBAD AND THE CARLSBA^/CITY EMPLOYEES'
ASSOCIATION (CCEA)
WHEREAS, representatives of the City yfl t|?^^'f^sbad City\mployees' A^ciation
(CCEA) met and conferred and reached agre^nt on a Mem\andum oJUnderstajji6ing (MOU)
for the period from January 1, 2013 to De^mber 31, 2014; and
WHEREAS, the MOU included a^rovision terpen nqi^tt^ons witl/i 30 days of
ratification of the MOU to discussyanges to Article 44Vthe MOU whicj^&utlines the process
for layoff; and
WHEREAS, the partij^ave rea^^Tat^tive agreement/n revisions to Article 44 of
the CCEA MOU which tl]^ desire to s|bliit to the\ty Council consideration and approval;
and
WHEREAS/he City CouncVias det?h«ift»<!l^t to b/in the public interest to accept such
an agreemenyh the form of an Am^ment to the 2^3/14 Memorandum of Understanding
between ti^e City of Carlsb^d'*^TY«Ulie^bad Cij/Employees' Association (CCEA) - Article 44
(LayotJ^Tmarked as Exhibit 2 and incorporated^y reference herein.
NOW, THEREFORE, BE IT RESOLVE/by the City Council for the City of CaHsbad,
(ifornia, as follows:
1. That the above recyi^tions are true and correct.
2. That the Amen(/ient to the 2013/14 Memorandum of Understanding between
the City of CaHsbad and th^aHsbad City Employees' Association (CCEA) set forth in Exhibit 2,
attached hereto and made a part hereof, is adopted.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the day of , 2013, by the foHowing vote to wit:
AYES:
NOES:
ABSENT:
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(SEAL)
AMENDMENT TO THE 2013/14 MEMORANDUM OF UNDEBSTANDING
BETWEEN THE CITY OF CARLSBAD AND THE CARUTOAD CITY
EMPLOYEES' ASSOCIATION:
ARTICLE 44 (LAYOFF)
Effective: Upon City Council Aoproval
This amendment memorializes an agreement reaoned between the City of
Carlsbad and the Carlsbad City Employees' Asybiation (CCEA) to change
Article 44 ofthe 2013-2014 Memorandum of Understanding (MOU) entered into
between the City and CCEA. All other terma^nd conditions of the existing MOl^
shall remain in full force and effect. The cjfenges are as follows:
Article 44 Layoff
Layoff: The City may layoff an ei/plc^ee in theTrW service/ecause/f material
Change in duties or organizatio/or shortage of worl^iy^d fuofls. Th^ity will use
its best efforts to give the em/oyees asl^l^h notice as o^sible wp a minimum
of fourteen (14) calendar/ays prior to>He effecji)^ date oya layoff. The
appointing authority or djflignee shall notify iHe rfUman Reso^ces Director of
the intended action witl/easons therefore. A co|W of such no^fce shall be given
the employee affecte^nd CC5»«rTTT^^jame of the employe laid off shall be
placed on the approonate reenfcioyment lisN^ provided by Jnese rules.
Reduction in F( Procedure
probationary ai
work force.
perman\it em|
The folloving procaGures will apply to all
jyees in thjl event i\ a reduction in the City
(a) Citv S/vice Seniority: Service Seniorityshall be determined as the
period o^tal continuous ser\e with the Cityyfis measured from the date of
original/ppointment. This shall i\lude periods off authorized leaves of absence.
(b) /rder of Reduction in^T^refi;> Whene^r there is a reduction in force,
emyfoyees shall be selected for layoffs in/ie following order: (1) hourly and
te/porary employees in the affected clafsification series; (2) provisional and
/lited term employees in reverse ord^of their City Service Seniority in the
Jffected Classification series; (3) City pr/)ationary employees in reverse order of
their City Service Seniority in the aff^ted classification series; (4) and regular
employees in reverse order of th/r City Service Seniority in the affected
classification.
(c) Reduction in Force-Demotio/ Whenever there is a reduction in the work
force in which one or more emiifoyees in a classification has been identified for
layoff, the City shall demote tbS employee in that classification with the highest
City Service Seniority to a v^ancy. The employee identified for demotion to the
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vacant classification must have previously served in that classification and be
determined to be currently qualified. An employee may refuse to accept a
demotion and accept layoff without jeopardizing reemployment rights oth^se
provided for in this procedure.
(d) Notification: Whenever there is a reduction in the work force reoj^ing layoff,
the City shall send written notice to the last known address of e^h employee
affected by a layoff with copy to CCEA. The notice shall includ^the (1) reason
for layoff, (2) classes to which the employee may demote withiifi the City, if any,
(3) effective date of action, (4) conditions governin^retention on and
reinstatement from reemployment lists, and (5) ruleyfegarding waiver of
reinstatement and voluntary withdrawal from the reemplo^ent list.
(R) Determinino Order of Layoff and Demotion for Eiyblovees With Identical City
Service Seniority: Should two or more employee^have identical City Service
Seniority, the order of layoff and demotion will/e determined by the Human
Resources Director who will use randomizing sop/are to determine seniority.
(f) Transfer: All effort will be made by the Citjf to transfer any employee who is to
be affected by a reduction in force to anfffher vacant position for which such
employee may qualify.
(g) Order and Method of Demotiy Pursuant to a Reduction in Force-
Bumping: When required due to / reduction in force, employees shall be
demoted in the following manner:
(1) Employees who are demoted, who have held permanent status in a
lower classification shal/iave the right to bump employees of lesser City
Service Seniority in tha/lower classification.
(2) Employees who/ave not actually held status in a lower classification
shall be allowed t^emote to a vacant position or to a position held by a
City probationar^mployee in such lower class, but may not bUmp regular
City employees/lready in that lower classification.
(h) Reinstatement f Employees Demoted as a Result of a Reduction in Work
Force: EmployeeyWho are demoted as a result of a reduction in force shall have
their names placed on a reinstatement list, in order of their City Service
Seniority. Va/ant positions in which an employee has served within a
classification iferies shall first be offered to employees on this list.
(i) Reempfeyment of Employees Laid Off as a Result of a Reduction in
Force: Bmployees who are laid off and who held permanent City status at the
time of/layoff shall have their names placed on a reemployment list for
classififations at the same or lower salary range for which they qualify in the
order of their City Service Seniority. Vacant positions in such classifications will
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it
be offered to eligible individuals on the reemployment list who qualify for such
vacancies prior to an open or promotional recruitment.
(j) Duration of Reinstatement and Reemployment Lists: The eligibilitj/bf
individuals on the reinstatement and reemployment list shall extend for a B^riod
of two years from the date of demotion or layoff. Eligible individu^s not
responding to written notification of an opening after fourteen (14) calen^Qar days
shall have their names removed from either the reemployment or roifistatement
list.
(k) Restoration of Benefits Upon Reemployment Followinc/a Reduction in
Force: Upon reemployment following a reduction in force, aja^ndividual will have
the following benefits restored:
(1) Prior sick leave accruals.
(2) City Service Seniority at time of layofybr purposes of determining
merit increases, vacation accruals and futujie reduction in force.
(3) The salary paid to an employee whons reemployed shall be equivalent
to the salary paid at the time of layofff. If the employee chooses to be
reemployed in a classification whicif has a salary range lower than the
classification from which he/she vv^jfe laid off, then salary placement will be
equivalent to the salary paid at ip time of layoff, or at the top of the salary
range of the lower classificaticyras reflected in the current effective salary
plan at the time of reemploymant, whichever is lower.
(I) Pavoff of Accruals Upon Lay6ff: Laid off employees are to be paid for all
accrued holiday, vacation, conjj^nsation time and overtime when separated as a
result of a layoff. The sick la&ve accruals of such employee will remain on the
books and will be reinstatec^they are reappointed.
(m) Retirement Contribu/on: The disposition of the retirement contributions of a
laid off employee shal^e governed by the provisions of the State of California
Public Employees' Recrement Law as contained in the Government Code.
(n) Severance: AlliCCEA represented employees involuntarily separated from the
City service duy to layoff shall receive one month's salary computed at the
employee's act^ral salary at the time of separation.
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It is the understanding of the City and CCEA that this amendment is of no force
or effect whatsoever unless and until adopted by resolution of the City Council^
the City.
IN WITNESS WHEREOF, the City and CCEA have executed this
amendment to the Memorandum of Understanding on the dates set fort)^below.
On Behalf of the City of Carlsbad On Behalf of CCEA:
By:
APPROVm AS TO FORM
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