CC Resolution 11354RESOLUTION NO. 11354
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 (MOU) for salaries, benefits and working
conditions has been approved and executed by the authorized representatives of the
Campbell Peace Officers' Association (CPOA) and City Council representatives; and
WHEREAS, a side letter agreement has been agreed to by CPOA and City Council
representatives defining furlough hours for the term of the MOU; 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 3`d day of January 2012, by the following roll call vote:
AYES: Councilmembers: cristina, Baker, Waterman, Low, Kotowski
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
ATTEST:
Anne Bybee, City Clerk
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Michael F. Kotowski, Mayor
MEMORANDUM OF UNDERSTANDING ON
WAGES, EMPLOYEE BENEFITS, HOURS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
Campbell Peace Officers' Association (CPOA)
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 10016, relating to
employer-employee relations, as adopted and amended by the City Council of the City of
Campbell.
1. GENERAL CONDITIONS
A. Personnel Rules and Regulations
This Memorandum of Understanding does
the Personnel Rules and Regulations of 1
made herein to modify or add to the existing
got modify or change the provisions of
~e City, unless a specific reference is
Personnel Rules and Regulations.
B. Terms of Understanding
This Memorandum of Understanding embodies all modifications on salaries, hours,
employee benefits, and other terms and conditions of employment, for a thirty six
(36) month term beginning January 1, 2012 and ending December 31, 2014.
Existing 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
January 1, 2012- December 31, 2014
Represented Classifications
• Police Agent
• Police Officer
• Police Sergeant
Any special compensation adjustment for the benchmark classification of Police
Sergeant will also be provided to classification of Police Agent.
II. COMPENSATION ADJUSTMENTS
A. Effective the pay period containing July 1, 2012, the salaries of all classifications
represented by CPOA shall be increased by two percent (2.0%).
Effective the pay period containing July 1, 2013, a special adjustment will be
provided, based on completion of a Total Compensation analysis for all CPOA
benchmark classifications. It will be calculated as follows: City will prepare a Total
Compensation analysis for all CPOA benchmark classifications, using the
established benchmark agencies and compensation components. City will
calculate a special adjustment, with a minimum of one percent (1.0%) not to exceed
one and one half percent (1.5%) that would bring all CPOA classifications' Total
Compensation to the fourth position of the Total Compensation array as it exists on
June 15, 2013. This special adjustment calculation will place all CPOA
classifications one percent (1 %) above the fifth position agency, including
Campbell. The Cities of Morgan Hill and Palo Alto will be added to the survey cities
used for determining total compensation effective June 15, 2013.
Effective the pay period containing July 1, 2014, a special adjustment will be
provided, based on completion of a Total Compensation analysis for all CPOA
benchmark classifications. It will be calculated as follows: City will prepare a Total
Compensation analysis for all CPOA benchmark. classifications, using the
established benchmark agencies and compensation components. City will
calculate a special adjustment, with a minimum of one and one quarter percent
(1.25%) not to exceed two and one quarter percent (2.25%) that would bring all
CPOA classifications' Total Compensation to the fourth position of the Total
Compensation array as it exists on June 20, 2014. This special adjustment
calculation will place all CPOA classifications one percent (1 %) above the fifth
position agency, including Campbell.
III. OTHER PROVISIONS
1. Health Insurance Benefit Program
Effective January 2012, the City will provide a maximum of $112.00 per
month for health insurance and $988.00 per month for a Cafeteria Plan
CPOA MOU
January 1, 2012- December 31, 2014
Allowance in an additional Section 125 allotment for health and other
optional benefits ($1100 per month total). The maximum cash rebate of the
City's contribution will be $1050 per month. Any amount over the maximum
cash rebate of the City's total contribution ($1100) may be applied toward the
purchase of additional Cafeteria Plan Benefits.
Effective January 2014, the City will provide a maximum of $(TBD by
CaIPERS) per month for health insurance and an additional $100.00 per
month for a Cafeteria Plan Allowance in an additional Section 125 allotment
for health and other optional benefits ($1200 per month total). The maximum
cash rebate of the City's contribution will remain at $1050 per month.
The City will continue to contract with the California Public Employees
Retirement System (CaIPERS) for the purpose of providing employees with
medical insurance benefits.
The City's maximum monthly contribution for each eligible active employee
for the purchase of medical insurance will be equal to the minimum monthly
employer contribution required under the Public Employees Medical and
Hospital Care Act (PEMHCA).
2. Cafeteria Plan Allowance
The City will maintain a Cafeteria Plan, pursuant to Section 125 of the
Internal Revenue Code, for the purpose of providing employees with access
to various health and welfare benefits. Benefits available through the
Cafeteria Plan include, but are not limited to, flexible spending accounts for
out-of-pocket medical expenses and dependent care, accident insurance,
cancer insurance, heart and stroke insurance, long term care insurance, and
life insurance benefits. The City agrees to provide a Cafeteria Plan
Allowance to all employees eligible to participate in City-sponsored health
benefits. Any tax consequences resulting from City contributions to the
Cafeteria Plan are the sole responsibility of the employee.
Any increase to minimum monthly employer contribution under PEMHCA will
result in a corresponding decrease in the employee's Cafeteria Plan
Allowance.
3. Benefit Cost Adjustments -January 2012
PERS: The City will be responsible for the PERS employer contribution rate,
Tier 1 is 41.592% and Tier 2 is 20.040%
Dental Insurance: The City will contribute $135.67 per month per employee
to provide a Dental Plan with a maximum annual benefit of $1,500 per
patient, and a $2,500 lifetime maximum orthodontia benefit per patient.
CPOA MOU
January 1, 2012- December 31, 2014
EAP: The City will contribute $6.30 per month for the Employee Assistance
Program.
Life Insurance: The City will contribute $15.50 per month per employee for
life insurance.
Vision Plan: City will continue to provide $24.85 per month, per employee to
provide Vision Services Plan, Plan B, employee plus dependents.
4. Benefit Cost Adjustments -July 2013; July 2014
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).
Vision Plan: The City will be responsible for any increase in the vision plan
(current plan).
5. Deferred Compensation: The City will continue to contribute $20 per pay
period to each CPOA employee's ICMA Deferred Compensation account.
6. Uniform Allowance: The City will provide a uniform allowance for all CPOA
represented employees of $1100 per year. Payment will be made one time
each fiscal year (in July).
7. Compensatory Time: Maximum accumulation will not exceed 220 hours
effective January 1, 2012.
8. Tuition Reimbursement
The City will continue the tuition reimbursement program as specified in
Personnel Rules and Regulations Section 18.3.A, and increase the
maximum reimbursement to $2,500 per year effective January 1, 2012 and
$3,000 per year effective January 2013.
CPOA MOU
January 1, 2012- December 31, 2014
CPOA members will be able to use tuition reimbursement money to attend
relevant work-related training that is approved by the administration.
Reimbursement will include tuition and class participation materials only.
IV. RETIREE AWARD PROGRAM
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 $325 per month.
V. COMPENSATION FOR UNUSED SICK LEAVE
A. At retirement, any unused sick leave may be converted to additional service
credit in accordance with the provision established by CaIPERS.
B. The City and CPOA will discuss the option of establishing a VEBA for CPOA
employees prior to June 2012.
VI. BILINGUAL PAY
City will provide $100 per pay period for bilingual pay.
VII. OVERTIME
Emergencies and investigations directly related to the City of Campbell where
continuous overtime extends the regular work shift for a represented employee
more than one and one-half (1.5) times the number of hours of that shift (18 hours
for employees scheduled to a 12 hour shift, and 15 hours for employees scheduled
to a 10 hour shift) will be paid at two times the represented employee's regular rate
of pay. Double overtime will not be paid for pre-planned events where no
emergency exists, or in response to requests for Mutual-Aid. As per policy, all time
cards are approved by the Division Commanders. Any questions or issues related
to approval will be settled at the discretion of the employee's division commander.
CPOA MOU
January 1, 2012- December 31, 2014
VII. RETROACTIVITY
All proposals will be effective as indicated if agreement is reached by December 31,
2011.
VIII. 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.
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EXECUTED THIS L~ DAY OF ~F ~'^^~~-~ 2011, BY THE EMPLOYER-
EMPLOYEE REPRESENTATIVES, WHOSE SIGNATURES APPEAR BELOW, FOR
THEIR RESPECTIVE ORGANIZATION.
CITY REP ESENTATIVES
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Side Letter Agreement
Between
City of Campbell
And
Campbell Police Officers' Association (CPOA)
January 3, 2012
This Side Letter of Agreement is executed by and between the City of Campbell
("City") and the Campbell Peace Officers' Association ("CPOA" or "Association")
The parties agree that they have met and conferred over the work furlough
described in this Agreement. The following Agreement reflects the
understanding of the parties arising from resolution of the meet and confer
process.
B. Furlough
"Work furlough" refers to one or more hours of required unpaid leave
taken on a consecutive or intermittent basis.
All CPOA employees will be required to take thirty six (36) hours of
furlough between July 1, 2012 and June 30, 2013 and also between
July 1, 2013 and June 30, 2014. Eighteen (18) hours will be required
between July 1, 2014 and December 31, 2014.
If, during the period of this agreement, the financial status of the City
changes and there is no longer a necessity to continue furlough
time, authorization by Council can be given to eliminate or decrease
the number of furlough hours needed to be taken.
The following terms and conditions apply to the furlough program:
a. Furloughs may be taken in a minimum of one hour increments, with
prior supervisor approval.
b. Employees may not use paid accrued leave during furlough time.
c. Furlough time will be considered time in paid status for the
following:
• Accrual of paid leave
• Seniority
• Time in service for step increases
• Completion of probation
• Eligibility for holidays, and
• Eligibility for health and welfare benefits.
d. Furlough time will be addressed in accordance with CaIPERS
regulations for the purpose of pension.
e. No employee may perform work for the City during furlough time off
unless authorized by management.
The period of furlough time off will be unpaid. Furlough time off will
be tracked under a separate unpaid hours code.
g. Employees on an unpaid leave of absence or workers'
compensation leave for more than 30 consecutive days will have
their furlough hours pro-rated.
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h. If furlough hours are not taken prior to leaving employment with the
City, management has the authority to require a prorated share of
the furlough hours to be taken.
New hire employees shall have a prorated share of furlough hours.
IN WITNESS WHEREOF the parties hereto have executed this Side Letter of
Agreement as dated above.
On Behalf of the City
n
Jill o` ez/Human R sour s Manager
On Behalf of the CPOA
Gary Berg, CPOA President