HomeMy WebLinkAboutResolution No. 17-7764-Amending MOU w-DCEA Maintenance Unit Adopting Side Letter AgmtRESOLUTION OF OF OF DOWNEY
AMENDINGi D; OF ;l r
CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES'i I •',
MAINTENANCE UNIT (APRIL 1, 116 - MARCH 31, 2018)ADOPTING
THE SIDE LETTER OF AGREEMENT
WHEREAS, on March 22, 2016, the City Council of the City of Downey adopted
Resolution No. 16-7621 for the purpose of adopting the Memorandum of Understanding (MOU)
between the City and the Downey City Employees' Association (DCEA) — Maintenance Unit;
and
Subsequent to the adoption of the MOU, the City of Downey and the DCEA
Maintenance Unit agreed to changes to the MOU that are reflected in a Side Letter of
Agreement between the City and the DCEA — Maintenance Unit ("Side Letter Agreement")
attached hereto as Exhibit A and incorporated herein by this reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
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 DCEA — Maintenance Unit.
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 28th day of Novemb .f, 2017.
FERMANErb VASQUEZ, Mayor
ATTEST:
ARA ALICIA DUAR „ CMC
City Clerk
I 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,
NOES:
Council Member: None.
ABSENT:
Council Member: None.
ABSTAIN:
Council Member: None.
Rodriguez, Saab, Ashton, Mayor Vasquez
MaA�� a.
A A ALICIA DUARTE, C
City Clerk
720MM
SIDE LETTER • AGREEMENT
• THE 2016-2018 MEMORANDUM • •
BETWEEN THE CITY OF
DOWNEY AND THE DOWNEY CITY EMPLOYEES'ASSOCIATION — MAINTENANCE UNIT
EFFECTIVE: UPON CITY COUNCIL APPROVAL
4C. This side letter memorializes an agreement reached between the City of Downey
• the i• City Employees' Association — Maintenance Unit ("DCEA-Maint") to
•- the 2016-2018 Memorandum •' Understanding I• entered into between the City
and DCEA - Maint. All other terms and conditions of the existing MOU shall remain in full force
and effect. The •- are as follows:
• S. Longevity Pay.
Eligibility for Longevity Pay. As early as at least July 1, 2011, -• employees who have
completed ten (10) and twenty (20) years • service with the City of Downey have and shall
continue to receive longevity pay adjustments as follows.
Service Compensation Adjustment
10 years 5,5000%
20 years 8.4020%
Longevity pay is effective the start of the pay period that includes the ten (10) or twenty (20)
year anniversary date. Such pay is not cumulative.
Article III Section 10 shall • replaced with the followind
Section 10. Backflow Certification Pay (Education Incentive). The Director of Public Works
shall have the • and discretion to provide and/or eliminate Education Incentive
• Certification Pay) to any covered employee up to budget authority for successfully
completing and maintaining the • Angeles • Certified Backflow Tester Certification.
Approved employees with the Certified Backflow Tester Certification shall receive a salary
additive of five and one-half percent (5.5%) per month above the employee's regular rate of
pay. An employee shall immediately notify their supervisor if they have lost their certification
for any reason.
I I
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(2) Backflow Certification Pay (Education Incentive). Any other special compensation items
are not included in the compounding calculation.
If the employee receives one or more of the special compensation items subject to
compounding referenced above, the one that is highest in the order above is calculated first,
as the applicable percent of the base hourly rate of pay. For each additional special
compensation item on the list above, the value shall be determined by multiplying the next one
received in the above order as a percentage of the base hourly rate of pay plus the value of
the special compensation items already calcylated under this method.
An example of the calculation method for a Water Systems Operator II who works eighty (80)
hours in a two week pay period is as follows:
Employee Base Hourly Rate $ 23.5398 Reportable Earnings @ 80 Hours $1883.18
1 Longevity Pay (8.4020%) Spec Comp Earnings $ 158.22
2. Backflow Certification (5.5 %) Spec Comp Earnings $ 112.28
(Education Incentive)
Article III shall be revised with new Section 18 as follows:
A. The monetary value for the purchase and/or rental and maintenance of uniforms
through City -contracted uniform providers is reportable to CalPERS as "special compensation.
This excludes items that are for personal health and safety such as protective garments and
safety shoes. In accordance with the Public Employees' Pension Reform Act (Government
Code Section 7522 et. seq.) the reporting of uniform and maintenance value as "special
compensation" for CalPERS members hired on or after January 1, 2013 is prohibited.
B. Upon hire the City will provide up to the following number of uniform components to
employees in the following Divisions:
Maintenance & Facilities:
11 Shirts
11 Pants/Shorts
1 Rain Jacket & Pant Set
1 Sweatshirt
1 Jacket
1 Hat/Beanie
Utilities:
11 Shirts
11 Pants
1 Sweatshirt
1 Jacket
1 Hat/Beanie
Transit:
5 Shirts
2
4 Pants/Shorts
1 Jacket
1 Hat/Visor
The City shall provide uniforms for any employee required to wear a uniform in the course
• his regular job duties. Upon the recommendation •i the immediate supervisor, an employee
may be approved for uniform replacement of any uniform component(s) based upon normal
wear and tear • if damaged • destroyed in the discharge • the employee's regular job
futies.
C. The parties agree that effective July 1, 2011, the average annual cost incurred • the
City for the purchase and/or rental, and maintenance of employee uniforms will be
reported as • compensation • to Section 571 (a)(5) • the CalPERS
regulations. The amount reportable for the purchase and/or rental and maintenance
uniforms is based • the •_ annual cost paid for • the City for each employee
over the previous three fiscal years (FY 2014-205, FY2015-2016, and FY 2016-2017)
and shall not exceed four hundred dollars ($400.00). The annual amount shall be
reported on a per bi-weekly pay period basis.
• • ,
ARTICLE XVI
Section 1. Reimbursement Rates. With prior approva 0 t e ity anager, emp oyees may
be reimbursed for tuition and books for courses taken to improve their value to the City.
Tuition shall be reimbursed for courses as recommended by the department head with job
related justification and approved by the City'Manager or their designee. An employee must
receive a passing grade in order to be reimbursed for the course. Reimbursement shall be
made at the rate of tuition charged at California State University, San Bernardino for courses
on the quarter system and California State University, Long Beach for courses on the semester
system. The employee will be reimbursed for required books only. The parties agree that
quarter system tuition reimbursement will no longer be based on California State University,
Los Angeles, as that institution will convert to a semester system in the Fall, 2016.
ARTICLE Vill
Section 4. Vacation Pay -Out. By no later than December 31, 2017, the balance of vacation
leave earned must fall below Maximum Accrual. To assist in reducing the overage of earned
vacation, a pay out of up to one hundred sixty (160) hours of earned vacation per calendar
year will be allowed with the approval of the department head and the City Manager through
June 30, 2017, only. In the first pay period after ratification of this Side Letter Agreement by
the City Council, employees with a vacation balance in excess of their established maximum
accrual shall be cashed out to 40 hours below their current maximum. The cash out amount
will be added to the employee's paycheck or will be deposited in the employee's deferred
compensation account at the employee's option. After December 31, 2017, an employee who
has a balance of accumulated vacation that exceeds the Maximum Accrual shall not be
entitled to accrue vacation until the vacation balance falls below the Maximum Accrual.
When an employee who has become entitled to receive vacation under this Article separates
from City service, either by retirement, permanent layoff, or termination, the employee shall be
entitled to be paid for unused earned vacation at the employee's regular hourly rate of pay in
effect at the time of separation.
IT IS SO AGREED: DATE:, . '"
CITY OE DOWNEY
DO i9 EY -CITY ILOYEES' ASSOCIATION — MAINTENANCE UNIT
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