HomeMy WebLinkAboutResolution No. 17-7765-Amending MOU w-DFA Adopting Side Letter AgmtRESOLUTION OF • OF OF DOWNEY
AMENDING • r OF r r;
CITY OF DOWNEY AND THE r i ASSOCIATION
(JANUARY 1, 2015 — DECEMBER r•- r
LETTER OF
WHEREAS, on February 9, 2017, the City Council of the City of Downey adopted
Resolution No. 17-7690 for the purpose of adopting the Memorandum of Understanding (MOU)
between the City and the Downey Firemen's Association (DFA); and
Subsequent to the adoption of the MOU, the City of Downey and the DFA agreed to
changes to the MOU that are reflected in a Side Letter of Agreement between the City and the
DFA ("Side Letter Agreement") attached hereto as Exhibit A and incorporated herein by this
reference.
94%��
i it.................. ........... ..•..............
Ni
SECTION 1. The Side Letter of Agreement attached hereto as Exhibit A is approved
and adopted.
SECTION 2. The Side Letter of Agreement amends the MOU between the City of
Downey and the DFA.
SECTION 3. The City Clerk shall certify to the adoption of this resolution;
APPROVED AND ADOPTED this 28th day of November, 2017.
FtRUAkDO VASQUEZ, Mayor
A` 'A ALICIA DUARE, CMC
City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 28th day of November, 2017 by the
following vote, to wit:
AYES: Council Members: Pacheco, Rodriguez, Saab, Ashton, Mayor Vasquez
NOES: Council Member: None.
ABSENT: Council Member: None
ABSTAIN: Council Member: None
MAPiA ALICIA DUART , CMC
City Clerk
Exhibit A
LETTER OF
BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMENS'ASSOCIATION
UPON CITY COUNCILAPPROVAL
WHEREAS, the City of Downey ("City") and the Downey Firemen's Association ("DFA") have
met and conferred regarding a vacation buyback program to allow members of DFA to reduce
their accrued and unused vacation balance below the two year Maximum Accrual; and
WHEREAS, the City and DFA have met and conferred regarding changing the terms and
conditions of the January 1, 2015 to December 31, 2016 Memorandum of Understanding
("2015 MOU") regarding Uniform Allowance to comply with the California Public Employees'
Retirement System (CalPERS) regulations.
THEREFORE, IT IS HEREBY AGREED THAT;
A. By no later than June 30, 2018, each employee's balance of accrued unused
vacation leave earned must fall below the two year maximum accrual ("Maximum
Accrual"). Thereafter, an employee who has a balance of accumulated vacation
that exceeds the Maximum Accrual shall not be entitled to accrue additional
vacation until the employee's vacation balance falls below by at least their
monthly annual accrual rate, but by no greater than the Maximum Accrual.
B. Any employee, as of October 13,-2017, who has accumulated in excess of
the Maximum Accrual, shall be cashed out all excess hours plus forty-eight (48)
hours. This cash out shall occur within two pay periods of the Council approval
date of this Letter of Agreement.
2. Uniform Allowance Re ortin to CalPERS —The parties agree to modify Article
III. Section 53 of the 2015-2017 MOU as highlighted below:
"B. Uniform Allowance
I. The City shall provide two sets of station uniforms (pants and shirt) every
year and one Class A uniform to all sworn personnel. The City may replace
uniform items due to damage at the discretion of the Fire Chief or his designee.
Upon promotional placement, the City will provide employee with additional
uniform accessory items as authorized by the Fire Chief. The parties agree that
effective July -1 2011 the -average -annual cost incurred b the. Cit for the
purchase and/or rental and maintenance of employee uniforms will be
reported as s ecial compensation pursuant to Section 571(a)(5) of the
CalPERS re Mations. The amount reportable for the purchase and/or
rental and maintenance of uniforms is $418.27 per employee. This amount
is based on the averaae annual cost raid for by the Citv for each emolovee
• • • [ 1105WAUM&A1 . •'
5. In addition to the __reportable amount in Section _ B.1 above. in
December 2014, the parties agreed that a change in the payment method for
uniform allowance from yearly to bi-weekly was necessary to comply with
CaIPERS regulations for reporting purposes; therefore, effective the pay period
that began December 22, 2014, the annual uniform allowance total of three
hundred fifty-five dollars ($355.00) (total of Sections 13.2 and Sections 13.3
above) converted to thirteen dollars and sixty-five cents ($13.65) bi-weekly and
will be included in the employee's regular bi-weekly payroll. For an employee
assigned to the Fire Prevention Bureau in accordance with 4 above, the yearly
amount converts to sixteen dollars and ninety-two cents ($16.92) bi-weekly.
6. Uniform allowance will be included in the employee's regular bi-weekly
payroll paid via direct deposit. The parties understand that uniform allowance, as
provided in Sections B.1 and B.5 above for employees who are "new
members" under the Public Employees' Pension Reform Act of 2013 ("PEPRA")
Government Code Section 7522 et. Seq.), is not reportable to CalPERS as
compensation."
All other provisions of Article Ill. Section 5.13 of the 2015-2017 MOU shall remain
unchanged. This modified language shall be incorporated into any successor
MOU entered into between the parties.
IT IS SO AGREED:
CITY 0 NEY
e
D WWNEY FIREM S' ASSOCIATION
i
2
DATE: ll
DATE:'