HomeMy WebLinkAbout12. Adopt Reso Adopting Side Ltr Agmt - 2020-22 DFA MOUSEPTEMBER 8, 2020
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Attachment A: Resolution
Attachment B. Side Letter Agreement to the 2020-2022 DFA MOU
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RESOLUTION NO. 20-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE SIDE LETTER AGREEMENT TO THE 2020-2022 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY
FIREMEN'S ASSOCIATION.
WHEREAS, on January 14, 2020, the City Council of the City of Downey adopted
Resolution No. 20-7918 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.
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 DFA.
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 8th day of September, 2020.
BLANCA PACHECO, Mayor
ATTEST:
MARIA ALICIA DUARTE, 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 8th day of September, 2020, by the
following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk
LETTER OF AGREEMENT
TO THE 2020-2022 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DOWNEY AND THE DOWNEY FIREMEN'S ASSOCIATION
EFFECTIVE: 9/8/20
This letter memorializes an agreement reached between the City of Downey ("City") and
the Downey City Firemen's Association ("DFA") to change the 2020-2022 Memorandum of
Understanding ("MOU") entered into between the City and DFA. All other terms and conditions
of the existing MOU shall remain in full force and effect. The changes are as follows:
Article XIV shall be revised with the following:
ARTICLE XIV
TUITION REIMBURSEMENT
Section 1. Reimbursement Rates. With prior approval of the City Manager, employees
may be reimbursed for tuition and required 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, Long Beach for courses
on the semester system. Courses on the quarter system shall be reimbursed at the unit
equivalent California State University, Long Beach tuition amounts.
Article VI shall be revised with the following:
OVERTIME PROVISIONS
Section 1. Compensation for Overtime. All authorized overtime for employees shall
be paid at time and one-half (1.5) the regular rate of pay for such employees. All non -statutory
overtime shall be paid at one and one half times the regular rate of pay, as defined in the
FLSA, except that cash received by employees who opt out of health insurance shall not be
included in those calculations. Overtime shall be paid on all hours worked outside of an
employee's regularly assigned work schedule. Hours worked in shift trades shall be excluded
as hours worked.
Article XII shall be revised with the following:
HEALTH, DENTAL AND LIFE INSURANCE
Section 1. Medical Insurance
E. Employee Opt Out of Medical Coverage. The City agrees to permit an employee
to opt out of City -sponsored medical coverage as follows:
1. The employee must present proof to the Human Resources Director or designee
that he and his qualified dependent(s) are covered by another group non -City -
sponsored medical plan for the plan year;
2. The employee must sign a statement acknowledging the opt out of City offered
medical insurance coverage and agreement to hold the City harmless for any
consequences, whatsoever, that result from the employee's waiver of City
offered medical insurance coverage for employee and/or qualified dependent(s);
and
3. The employee must sign a statement acknowledging his understanding that his
qualified dependent(s) are not eligible to re -enroll in City sponsored medical
coverage until the next Open Enrollment period or as otherwise required by law
under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
provisions.
4. Effective the first pay cycle in June 2018 in which the medical opt out payment is
due, the City agrees that the employee who is approved to opt out of medical
coverage shall receive compensation for one of the following, depending on the
level of non -City sponsored coverage the employee has provided proof of having:
a. Three hundred dollars ($300.00) per month if waiver eligibility is for
"employee only" coverage.
b. Four hundred and fifty dollars ($450.00) per month if waiver eligibility is for
"employee plus one" coverage.
c. Six hundred and fifty dollars ($650.00) per month if waiver eligibility is for
"employee plus two or more dependents" coverage.
5. The eligible amount will be paid to the employee as taxable earnings. A medical
opt out election may only be made during an announced Open Enrollment period
for medical insurance changes effective January 1.
IT IS SO AGREED:
CITY OF DOWNEY
John Oskoui, Assistant City Manager
DOWNEY FIREMEN'S ASSOCIATION
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DATE: