HomeMy WebLinkAbout2004-03-09; City Council; Resolution 2004-0831
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RESOLUTION NO. 2004-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SIDE LETTER REGARDING AN
AMENDMENT TO THE MOU BETWEEN THE CITY AND THE CARLSBAD
CITY EMPLOYEES’ ASSOCIATION.
WHEREAS, representatives of management and the Carlsbad City Employees’
Association have met and conferred in good faith pursuant to the Meyers-Millias-Brown Act
regarding wages and other terms and conditions of employment; and
WHEREAS, said representatives have reached agreement which they desire to
submit to the City Council for consideration and approval; and
WHEREAS, the City Council has determined it to be in the public interest to accept
such an agreement in the form of a side letter marked Exhibit 2 and incorporated by
reference herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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2.
hereof, is adopted.
That the side letter, set forth in Exhibit 2, attached hereto and made a part
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 9th day of March ,2004; by the following vote, to wit
on behalf of the City:
AYES: Council Members Lewis, Finnila, Kulchin and Hall
NOES: Council Member Hall R
ABSENT: None
ATTEST:
dORRy M. WOOD, City Clerk
(SEAL)
Resolution No. 2004-083 page 2 3
Exhibit 2
SIDE-LETTER AMENDING CCEA MOU
ARTICLE 11 - CONFIDENTIAL EMPLOYEES,
ARTICLE 12.B -AGENCY SHOP AND ARTICLE 12.B.1- COVERED EMPLOYEES
WHEREAS, the Carlsbad City Employees’ Association and representatives of the City of
Carlsbad (“City”) met and conferred and reached agreement on a Memorandum of
Understanding (MOU) for the period from January 1,2003 to December 31,2007.
WHEREAS, representatives of the City and the CCEA have reached agreement on the
following amendments to the current MOU.
THE CCEA AND THE CITY OF CARLSBAD DO HEREBY AGREE THAT:
Article 11 is amended to read as follows:
ARTICLE 1 1. Confidential Employees
Confidential employees are restricted from representing any employee organization that
represents other employees of the City on matters within the scope of representation.
This article does not otherwise limit the right of confidential employees to be members
of and to hold office in CCEA.
The following positions are designated as confidential:
1) Human Resources Department: Administrative Secretary, Human Resources
Technician, Senior Office Specialist.
2) City Manager’s Office: Administrative Secretary, Secretary.
3) City Attorney’s Office: Legal Assistant.
4) Finance Department: Administrative Secretary.
5) Information Technology: Applications Specialist I1 assigned to position
budgeting responsibilities.
The City may create new confidential positions provided that in the regular course of the
position’s duties, the employee:
Has regular contact with files and correspondence related to management’s
Assists or acts in a confidential capacity or who formulates, determines and
Has normal access to confidential information contributing significantly to
positions and policies related to contract negotiations, andor
effectuates management’s policies within the scope of employee-employer
relations, andor
the development of management’s policies within the scope of employer-
employee relations
In such cases, the City will notify the Association of the proposed new confidential
position and provide the Association with the job specifications of the new position
prior to its implementation.
Article 12.B is amended to read as follows:
ARTICLE 12.B. AGENCY SHOP
All bargaining unit employees are required to be dues paying members of the
Association, or pay a service fee in lieu of dues or, if qualified in accordance with
section 4.0 below, contribute to a designated charitable organization.
Article 12.B.1 is amended to read as follows:
ARTICLE 12.B. 1 Covered Emplovees
All employees covered by the Memorandum of Understanding between the City and
the Association are considered covered employees under this Article.
IN WITNESS WHEREOF, the parties hereto understand and agree to the above terms
and conditions and have caused their duly authorized representatives to execute this side
letter onmA 1 .f ,2004.
CITY OF CARLSBAD
CARLSBAD CITY EMPLOYEES’
ASSOCIATION
Barbara Nedros
City Manager President
APPROVED AS TO FORM:
3 -I/-&. Ronald Ball
City Attorney