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Home My WebLink About2011-08-23; City Council; 20651; APPROVAL SIDE LETTER CPOACITY OF CARLSBAD - AGENDA BILL AB# 2DJ51 MTG. 8/23/11 DEPT. HR APPROVAL OF A SIDE LETTER WITH THE CARLSBAD POLICE OFFICERS'ASSOCIATION (CPOA) DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No.2011-195approving a side letter with the Carlsbad Police Officers' Association (CPOA) that amends the articles in this MOD titled, "Sick Leave/Bereavement Leave," and "Vacation." ITEM EXPLANATION: On June 8, 2010, the City Council adopted Resolution No. 2010-141 approving a Memorandum of Understanding with the CPOA with a term of three (3) years that expires on December 31, 2012. At the request of the City, in May, 2010, the CPOA agreed to open discussions regarding certain terms and provisions covered by the current MOU between the parties. Representatives of the City and the CPOA have reached agreement on the following amendment to the current MOU. The City of Carlsbad is in the process of implementing a new software system known as a Human Capital Management System, or HCMS. Currently, city employees accrue sick leave and vacation on an "hours per year" basis; after the implementation of the new software these accruals will be done on a daily basis. Due to differences in rounding, this conversion from an annual to a daily accrual will result in some employees "losing" very small amounts of vacation and "gaining" very small amounts of sick leave on an annual basis. The City and the CPOA have met and conferred and have agreed to adjust the prior year's vacation accrual balance of any employee who is still on the payroll at the end of the calendar year by the amount that his/her vacation accrual amounts were decreased due to the conversion to the new software system. (See Attachment A to Exhibit 2). FISCAL IMPACT: It is estimated that the overall adjustments to employee vacation accrual balances equate to approximately $6,000 per calendar year. However, since the HCMS software is scheduled to be implemented in November 2011 at the earliest, the actual fiscal impact of this change should be negligible for 2011 and approximately $6,000 for 2012. ENVIRONMENTAL IMPACT: The proposed action does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonably foreseeable indirect physical change in the environment. DEPARTMENT CONTACT: Julie Clark 760-602- 2440 julie.clark@carlsbadca.gov FOR CITY CLERKS USE ONL Y. v , COUNCIL ACTION:APPROVED DENIED CONTINUED WITHDRAWN AMENDED AD D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 EXHIBITS: 1. Resolution No. 2011-195 approving a side letter with the Carlsbad Police Officers' Association 2. Side Letter with the Carlsbad Police Officers' Association (with its Attachment A - Vacation and Sick Leave Accruals) 1 RESOLUTION NO. 2011-195 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SIDE LETTER DATED AUGUST 23, 2011 3 REGARDING AMENDMENTS TO THE MOU BETWEEN THE CITY AND THE 4 CARLSBAD POLICE OFFICERS' ASSOCIATION. 5 WHEREAS, representatives of management and the Carlsbad Police Officers' 6 Association have met and conferred in good faith pursuant to the Meyers-Millias-Brown 7 Act regarding wages and other terms and conditions of employment; and 8 WHEREAS, said representatives have reached agreement which they desire to 9 submit to the City Council for consideration and approval; and 10 WHEREAS, the City Council has determined it to be in the public interest to 11 accept such an agreement in the form of a side letter dated August 23, 2011, marked 12 Exhibit 2 and incorporated by reference herein 14 NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of 15 Carlsbad, California, as follows: 16 1 • That the above recitations are true and correct. 17 2. That the side letter dated August 23, 2012, set forth in Exhibit 2, attached 18 III hereto and made a part hereof, is adopted. 1920 /// 21 III 22 III 23 24 '" 25 26 /// 27 /// 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carlsbad on the 23rd day of August 2011, by the following vote to wit: 3 .. AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. 4" 5 NOES: None. 6 7 ABSENT: None. s" 9 10 11 MAtt HALL, Mayor 12 ATTEST: 13 14 15 LORRAINE M. WOOD, City Clerk 16 (SEAL) 17 18 -v oV o>«^\-^\ ,9 20 21 22 23 24 25 26 27 28 SIDE LETTER OF AGREEMENT TO THE 2010-2012 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION EFFECTIVE: UPON CITY COUNCIL APPROVAL This side letter memorializes an agreement reached between the City of Carlsbad ("City") and the Carlsbad Police Officers' Association ("CPOA") to change the 2010- 2012 Memorandum of Understanding ("MOU") entered into between the City and CPOA. All other terms and conditions of the existing MOU shall remain in full force and effect. The changes are as follows: Article 15, Section 15.1 shall be replaced with the following: Sick leave can be used in 15 minute increments. 15.1 Every probationary and regular employee within the classified service will accrue sick leave on a biweekly basis at the rate of eight (8) hours for each continuous calendar month of service. Upon implementation of the HCMS, every probationary and regular employee within the classified service will accrue sick leave on a daily basis at the rate of sixteen (16) minutes for each continuous calendar day of service. Article 33, Section 33.1 shall be replaced with the following: Vacation leave can be used in 15 minute increments. 33.1 All eligible miscellaneous and uniformed police employees shall be entitled to accrue vacation on a bi-weekly basis according to the number of continuous full years of employment based on the following vacation accrual schedule: Beginning with the first (1st) working day through the completion of five (5) full calendar years of continuous service - 80 hours/year Beginning the sixth (6th) year of continuous employment through the completion often (10) full calendar years of continuous service - 120 hours/year Beginning the eleventh (111) year of continuous employment through the completion of eleven (11) full calendar years of continuous service - 128 hours/year 518122.2 CA178-034 Beginning the twelfth (12th) year of continuous employment through the completion of twelve (12) full calendar years of continuous service - 136 hours/year Beginning the thirteenth (13th) year of continuous employment through the completion of thirteen (13) full calendar years of continuous service - 144 hours/year Beginning the fourteenth (14l) year of continuous employment through the completion of fifteen (15) full calendar years of continuous service - 152 hours/year Beginning the sixteenth (16th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 160 hours for every full calendar year of continuous employment thereafter. Employees will not be entitled to take vacation until they have been employed with the City for six (6) full months. Upon implementation of the HCMS, all eligible miscellaneous and uniformed police employees shall be entitled to accrue vacation on a daily basis according to the number of continuous full years of employment based on the following vacation accrual schedule: Beginning with the first (1st) working day through the completion of five (5) full calendar years of continuous service - 13 minutes/day Beginning the sixth (6th) year of continuous employment through the completion often (10) full calendar years of continuous service - 20 minutes/day Beginning the eleventh (11th) year of continuous employment through the completion of eleven (11) full calendar years of continuous service — 21 minutes/day Beginning the twelfth (12th) year of continuous employment through the completion of twelve (12) full calendar years of continuous service -22 minutes/day Beginning the thirteenth (13th) year of continuous employment through the completion of thirteen (13) full calendar years of continuous service -24 minutes/day Beginning the fourteenth (14 ) year of continuous employment through the completion of fifteen (15) full calendar years of continuous service - 25 minutes/day 518122.2 CA178-034 Beginning the sixteenth (16th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter. Employees will not be entitled to take vacation until they have been employed with the City for six (6) full months. In January of each year after the HCMS is implemented, the City shall revise the prior year's vacation balance of any employee still employed by the City as of December 31 whose accrual rate for vacation decreased in that prior year as a result of the conversion to the HCMS. For those employees only, their vacation accrual balance shall be increased by the amount that it was decreased due to the HCMS conversion. It is the understanding of the City and CPOA that this side letter is of no force or effect whatsoever unless and until adopted by resolution of the City Council of the City. IN WITNESS WHEREOF, the City and CPOA have executed this side letter to the MOU on the dates set forth below. Carlsbad Police Officers' Association City of Carlsbad By: lickey Williams, President L/Li'sa Hildabrand, City Manager Dated: C ' ^ V/ Dated: LL^^ty^t, ^y ^ // 518122.2 CA178-034 Attachment A VACATION AND SICK LEAVE ACCRUALS Carlsbad Police Officers' Association VACATION ACCRUALS No. of calendar months of service <60 60-119.99 120-131.99 132 - 143.99 144 - 155.99 156 - 179.99 >=180 SICK LEAVE ACCRUALS CURRENT Hours per Minutes per year basis day basis 80 13.15 120 19.73 128 21.04 136 22.36 144 23.67 152 24.99 160 26.30 REVISED Minutes per day basis 13 20 21 22 24 25 26 +/- hours per year -0.9 1.6 -0.2 -2.2 2.0 0.1 -1.8 All employees 96 15.78 16 1.3