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CC Resolution 10556 RESOLUTION NO. 10556 A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS FOR CLASSIFIED NON-MANAGEMENT EMPLOYEES REPRESENTED BY THE EMPLOYEE ORGANIZATION ENUMERATED BELOW WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code requires the City Manager to prepare and submit an annual salary plan to the City Council for its approval; and WHEREAS, a Memorandum of Understanding for salaries, benefits and working conditions has been approved and executed by the authorized representatives of the Campbell Peace Officers' Association and City Council representatives; and WHEREAS, the City Council of the City of Campbell desires to ratify and adopt the provisions included in the Memorandum of Understanding attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve and ratify the Memorandum of Understanding attached hereto, and made a part hereof. PASSED AND ADOPTED, this 6th of September, 2005, by the following roll call vote: AYES: Councilmembers: Burr, Hernandez, Furtado, Watson NOES: Councilmembers: None ABSENT: Councilmembers: Kennedy APPROVED: ATTEST: ne Kennedy, Mayor y Jeanette Watson, Vice Mayor a~ Anne Bybee, City Clerk MEMORANDUM OF UNDERSTANDING ON WAGES, EMPLOYEE BENEFITS, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT Campbell Peace Officers' Association (CPOA) The City Negotiating Committee makes the following proposal for a Memorandum of Understanding: PARTIES TO UNDERSTANDING This Memorandum of Understanding is between the authorized representatives of the City Council of the City of Campbell, hereinafter referred to as "City", and the authorized representatives of Campbell Peace Officers' Association, hereinafter referred to as "CPOA". STATE LAW COMPLIANCE This Memorandum of Understanding complies with the provisions of the State of California Public Employees Representation Law, as contained in Section 3500 of the Government Code of the State in that the employer-employee representatives noted here did meet and confer in good faith and did reach agreement on those matters within the scope of representation. This Memorandum of Understanding also complies with Resolution 6647, relating to employer- employee relations, as adopted and amended by the City Council of the City of Campbell. I. GENERAL CONDITIONS A. Personnel Rules and ReQulations This Memorandum of Understanding does not modify or change the provisions of the Personnel Rules and Regulations of the City, unless a specific reference is made herein to modify or add to the existing Personnel Rules and Regulations. B. Terms of UnderstandinQ This Memorandum of Understanding embodies all modifications on salaries, hours, employee benefits, and other terms and conditions of employment, for a 24-month term, beginning July 1, 2005 (July 2005 - June 2007). C. ExistinQ Benefits Continued This Memorandum of Understanding does not modify existing salaries, benefits, hours, or terms and conditions of employment contained in the currently adopted Pay and Classification Plan, except as noted herein. Such benefits and terms of employment remain unmodified and shall continue in full force and effect throughout the term of this Memorandum of Understanding. CPOA MOU 2005-2007 Page 2 Represented Classifications . Police Agent Police Officer Police Sergeant . . II. COMPENSATION ADJUSTMENTS A. Effective July 1, 2005, the salaries of all classifications represented by CPOA shall be increased by zero percent (0%). B. A salary adjustment based on the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers for San Francisco, Oakland, San Jose (Bay Area) for the February 2005 to February 2006 period will be made effective the first day of the pay period in which July 1, 2006 occurs, providing said salary adjustment is not less than one percent (1%) and not more than three percent (3%). III. OTHER PROVISIONS A. Health Insurance Benefit ProQram January 2006 Effective January 2006, the City will provide $64.60 per month for health insurance and $785.40 per month in an additional Section 125 allotment for health and other optional benefits ($850 per month total). No portion of the Section 125 allotment will be provided to the employee as a cash rebate. January 2007 Effective January 2007, the City will provide $80.80 per month for health insurance and $869.20 per month in an additional Section 125 allotment for health and other optional benefits ($950 per month total). $150.00 of the Section 125 allotment will be provided to the employee as a cash rebate. B. PERS Benefit Enhancement Following the creation of risk pools pursuant to Section 20840 of the Government Code, any existing contracting agency with a rate plan of less than 100 active members on any annual actuarial valuation date shall be required to participate in a risk pool. Participation shall be effective July 1, 2005. CPOA MOU 2005-2007 Page 3 Plans will be assigned to risk pools based on their service retirement formula. CPOA will be assigned to the Safety 3% @ 50 pool. The following benefits were previously optional contract provisions. They will become mandated benefits for plans participating in risk pools effective on July 1, 2005: . The pre-retirement option 2 death benefit. This death benefit, payable to the spouse of an active member who is eligible to retire, is equal to what the spouse would have received had the member retired and elected the 100 percent joint and survivor form of benefit before death. . The conversion of unused sick leave to retirement service credit. . The ability for members to convert, at their own expense, prior military service and prior public service to CalPERS retirement service. . The cancellation of any remaining payments owed by the member for the purchase of optional service credit upon the employment related disability of the member (i.e. upon industrial disability retirement). . Local system service credit included in basic death benefit. C. Other Benefit Cost Adiustments - July 2005 PERS: The City will be responsible for the PERS employer contribution rate. Dental Insurance: The City will contribute $124.87 per month per employee (increase of $9.09 per month) to provide a Dental Plan with a maximum annual benefit of $1,500 per patient, and a $2,000 lifetime maximum orthodontia benefit per patient. EAP: The City will contribute $5.95 per month for the Employee Assistance Program. Life Insurance: The City will contribute $15.50 per month per employee for life insurance. Deferred Compensation: In recognition of CPOA's concern for future medical insurance costs of prospective CPOA retirees, effective July 2005, the City will continue to contribute $20 per pay period to each CPOA employee's ICMA Deferred Compensation account. Vision Plan: City will continue to provide $23.89 per month, per employee to provide Vision Services Plan, Plan B, employee plus dependents. Uniform Allowance: The City will continue to provide a uniform allowance for all CPOA represented employees of $1000 per year. Payment will be made one time each fiscal year (in July). CPOA MOU 2005-2007 Page 4 D. Other Benefit Cost Adiustments - Julv 2006 PERS: The City will be responsible for any increase to the PERS employer contribution rate. Dental Insurance: The City will be responsible for any increase in monthly contribution to provide the current dental plan. EAP: The City will be responsible for any increase to the monthly Employee Assistance Program cost. Life Insurance: The City will be responsible for any increase in the life insurance monthly cost (current program). Deferred Compensation: In recognition of CPOA's concern for future medical insurance costs of prospective CPOA retirees, effective July 2006, the City will continue to contribute $20 per pay period to each CPOA employee's ICMA Deferred Compensation account. Uniform Allowance: The City will continue to provide a uniform allowance for all CPOA represented employees of $1000 per year. Payment will be made one time each fiscal year (in July). Vision Plan: The City will be responsible for any increase in the vision plan (current plan). E. Retiree Award ProQram The City's retiree medical reimbursement program will contain the following eligibility requirements and benefits: . Minimum retirement age of 50 and retired from the City of Campbell. Bills must be submitted to the City in January and July of each year for reimbursement for the prior six months' costs. Payment for medical insurance coverage for the retiree only (not dependents) on a reimbursement basis as follows: . . . Employees who have completed 17 years of service with the City of Campbell or receive an industrial disability retirement after July 1, 1999, will be reimbursed a maximum of $220 per month. . Effective January 2006, maximum reimbursement will be increased to $250 per month. All other provisions of the Retiree Award Program will remain unchanged. F. BilinQual Pay City will increase CPOA's bilingual pay to $60 per pay period, effective the first day of the first pay period of July 2005 and to $75 per pay period effective July 2006. CPOA MOU 2005-2007 Page 5 v. PERSONNEL RULES AND REGULATIONS MODIFICATIONS A. Compensatory Time City will increase CPOA's Compensatory Time Ceiling from 180 hours to 190 hours, effective July 2005, and 200 hours, effective July 2006. Personnel Rules and Regulations Section 16.23 B3) will be amended as follows: B. The maximum accumulation of compensatory time is as follows: 3. For employees represented by CPOA, compensatory time shall not be allowed to accumulate in excess of hours as stated above. Any compensation time earned exceeding maximum accrual hours will be paid in cash at the rate of time and one-half. An employee may exercise his/her option two times each calendar year to convert any or all accumulated compensatory time to cash. B. Compensation for Unused Sick Leave Personnel Rules and Regulations 16.11 will be amended as follows: Upon termination, retirement, or death of an employee, the City shall pay for unused sick leave as follows: 5 years completed through 10 years completed service: 20% at terminal pay rate Start of year 11 through completion of year 15: 30% at terminal pay rate Start of year 16 through completion of year 20: 40% at terminal pay rate Start of year 21 and thereafter: 50% at terminal pay rate C. Probationary Period Personnel Rules and Regulations 9.2 will be amended as follows: All original appointments shall be tentative and subject to a probationary period. The following non-management classifications shall serve a probationary period as outlined below: Police Officer Trainee Appointments- Upon date of hire and 18 months following the date of swearing in as a Police Officer. Police Officer Lateral Appointments- 18 months from the date of hire. Promotional Appointments- 12 months from the date of promotion. CPOA MOU 2005-2007 Page 6 D. Personnel Rules and ReQulations Section 16.1 & 16.3 will be amended as follows: 16.1 Purpose of Annual Vacation Leave: The purpose of annual vacation leave is to enable each eligible employee to return to his work mentally refreshed. All employees shall be entitled to annual vacation leave with pay except the following: A. Employees who work on a provisional basis, temporary basis, and all employees who work less than 1040 hours a year. 16.3 Use of Vacation in Lieu of Sick Leave: Accrued vacation leave may be used in lieu of sick leave, when the accrued sick leave of an employee is not enough to provide leave with pay during an illness. Such use of vacation time as sick leave shall be computed on the basis of one sick day leave equaling one working day of vacation. VIII. RETROACTIVITY All proposals will be effective as indicated when agreement is reached. Any compensation adjustments will be effective the first pay period containing July 1, 2005. IX. RATIFICATION This M.O.U. is subject to ratification by a majority vote of the employee organization represented herein within ten (10) days of execution by CPOA, and by approval of a majority of the City Council of the City of Campbell within twenty (20) days of the date of execution. EXECUTED THIS /()'f1--0AY OF Auc.¡ust n 2005, BY THE EMPLOYER-EMPLOYEE REPRESENTATIVES, WHOSE SIGNA~AR BELOW, FOR THEIR RESPECTIVE ORGANIZATION. CITY REPRESENTATIVES 4:-?~:JrT A TIVES ~(~ fÝ'o~ ;Wû'