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HomeMy WebLinkAboutPolice Unit - 091813 f �ti�L71,c 0�1813 f I MEMORANDUM OFUNDERSTANDING Police Unit 2013 - 2015 This Memorandum of Understanding is entered into pursuanttothe Meyers-Millias-Brown Act(California l Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter "City") and the Ukiah Police Officers Association (hereinafter "Police UniY'). As a result of ineet and confer sessions, the City and Police Unit have agreed to the following understandings. 1. Term The term of this Agreement shall be two (2)years, effective September 18, 2013, through September 18, 2015. I 2. Salarv Reduction Effective the first full pay period following adoption of a new MOU, the Police Unit agrees to, for Unit members other than Captains, an ongoing base salary reduction of 1.5%, elimination of the monthly flex dollars in the amount of $250.00 per employee, and elimination of the monthly physical fitness � pay of $65.00 per month, in order to meet the ongoing requisite 5% reduction in pay. Police Captains: Effective the first full pay period following adoption of a new MOU, Police Captains agree to an ongoing 5% reduction to base pay. 3. Cost Sharinq Aqreement For FY 2013-14 and FY 2014-15, the Unit agreed to concessions and the City agreed to restore and , refund to bargaining unit members an amount equivalent to a portion of revenue if actual revenues exceed adopted budgeted revenues in the General Fund according to the formula listed in the sections below. Given that the formula is based on fiscal year audited revenues, the provisions of this section shall remain in full effect beyond the two year term of this agreement until the 2014-15 audit is completed and available for the purposes of implementing this section of the MOU. The total salary concession for this Unit on an annual basis is $217,753. I This provision provides for the restoration and refund of the concession amount (or a portion thereo� I should the total audited revenues of each fiscal year corresponding to the term of this agreement � x the ado ted bud eted revenues of the General Fund for Fiscai Year 2013-14 b $100,000 or e ceed p g Y more as follows: • The City shall restore an amount equivalent to a percentage calculated by taking the difference in audited revenue for each corresponding year of this MOU and the base year revenue adopted in the FY 2013-14 General Fund Budget and dividing the absolute value by the adopted General Fund FY 2013-14 identified deficit. This shall occur the first full pay period following the City Council's receipt of the audit. I I I EXAMPLE: I � (Audited GF Revenue' - Base Year Adopted FY 13-14 GF Revenue�) _ ^% of Concession Adopted FY 2013-14 GF Deficit Returned" ' Audited GF Revenue for the corresponding agreement year 2 Base Year GF Revenue as identified in adopted the FY 13-14 Budget �$14,375,555), Page ES-6 GF Deficit as adopted in FY 13-14 Budget ($978,894) . The restoration shall be applied at an amount equivalent to the calculated percentage multiplied to the base salary of each Unit member up to an amount that shall not exceed the concession amount. The concession restoration amount will be applied to flex dollars. . Furthermore, the City shall refund in a lump sum payment to each Unit member the concession amount in part retained by the City over each corresponding fiscal year of the term of this MOU if audited revenues exceed the base year revenue. The lump sum payment shall be equal to the calculated percentage from the formula above multiplied by the base salary received during the same term. • In accordance with CaIPERS law, this payment will not be reported as "pay rate" or "special compensation" and will not be reported to CaIPERS for the purposes of pension calculations. This language reflects the current 2013-14 Fiscal Year City of Ukiah budget methodology. If the City changes the way revenue is accounted, the Unit will be notified in writing and the City shall meet and confer with the Unit to develop equivalent methodology for determining General Fund revenue. I Audited revenue is subject to review by the Unit and City staff. Any discrepancies will be identified by the Unit and shall be submitted to the City. Discrepancies identified by the Unit will be reviewed by the City and shall be applied for the purposes of this provision as agreed to by the City and Unit. The audited revenues are typically found on "Schedule 1 — General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual for the Year Ended June 30, " in the Audited Financial Statements. Year 1- Examale 1 19/12 of a vear based on the 9/18/2013 MOU adoation date) $14,456,000 $14,376,000' _ $80,000 = 0% Concession Restored $978,894 � Rounded for purpose of illustretion I Year 1 — Example 2 $14,876,000 $14,376,000 = $500,000 5108 or = 51.08% of $978,ggq Concession Restored ($83,421) Year 2 — Example 1 I $14,436,000 $14,376,000 = $60,000 0% Concession Restored $978,894 I Year 2 — Example 2 _ 7151 or71.51% $15,076,000 $14,376,000 = $700,000 ($155,715) of Concession $97g,ggq = restored, which includes the 51.08% in the Year 1 Example. , 4. Pension Reform Act of 2013 (PEPRA) The Public Employees' Pension Reform Act of 2013 (PEPRA) and related Public Employees' Retirement Law (PERL) amendments in Assembly Bill (AB) 340 became law on September 12, 2012, and the provisions were effective January 1, 2013. i The Police Unit and the City agree to implement all PEPRA provisions, and all applicable amendments thereto. Effective January 1, 2013 Police Unit employees defined by PEPRA as "new members" shall pay 50% of the total normal cost for the new Police-Safety pension formula 2.7%@ 57, which is currently 12.25% of reportable compensation, with a three-year final compensation period. "Classic members" (employees hired prior to January 1, 2013) will retain the 3% @ 50 Police-Safety PERS formula, 10% member contribution, with a one-year final compensation period. The PEPRA defines a" new member' as : a) A new hire who is brought into CaIPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California public , retirement system; b.) A new hire who is brought into CaIPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system; 3.)A member who first established CaIPERS membership prior to January 1, 2013, and who is rehired by a different CaIPERS employer after a break in service of greater than six months. I 5. Retiree Medical Insurance Requirements ' The minimum years of City service required to continue participation in the City's medical, dental and/or vision insurance plans upon retirement will be increased from 7 years to 10 years, effective 7-1-2014, in order to comply with REMIF retirement insurance eligibility requirements, standardized for all REMIF cities. 6. Comprehensive MOU The City and Police Unit agree to complete a comprehensive (single document) Memorandum of Understanding incorporating all current and previous agreements currently applicable to this Unit prior to July 1, 2014. 7. CONTINUATION , The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding, shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax � or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. I� This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the II following representatives this 18 day of September, 2013. � I CITY OF UKIAH UKI �LICE OF�ICE� ASSOCIATION � 3'�-( _ % , ���-/. �-,, ��.�� � Jane Chambers Fre Keplinger, Presid nt �, �ity Manager � �/���/(/�,.—��� � �/ I N ble Waidelich, Vice President L- `� _ C , � /�,c/r�, Ross Lunceford 3:MOWPOIiceUnit2013-2015 John Noble, Sr. Labor Representative � RAINS LUCIA STERN, PC ; 'i CITY OF UKIA� SUMMARY BY ACTIVIT�' OI� FCJNC�001� FISCAL YEAR 2D13-2014 BUDGET 7/1/20013 NET NET 6/30/2014 FUND FU�ID FUND REVENUE EXPENSE INCOME TRANSFERS FUND # NAME BAIANCE (LOSS) IN(OUT) BAIANCE G General Fund SOD,D00 14.375,555 15,354,449 (978.894) 978,89A 500,000 � GR Strategic Reserve 4,566,739 -0- 19,000 (978,894) 3,568,844 II R Other Grant 8� Restricted Use Funds 1,244,015 3,307,177 5,166,640 (1,859,463) - (615,448) I E,W,$ �JfI�ItIBS 28,294,826 27,123,887 34,126,6fi5 (7,004,778) 2,193,186 23,483,234 '� 1..F, A, P, �/I, B, L, C,C Other Business Activities -a- 2.s�s,so� 4,457,880 (1,879,573) -�- (1,879,573) I Intemal Service Funds 957,894 2,979,553 s,a�s,�sa �as�,za�) (s�,000� a2s,ssa C Ca ital Pro'ect Funds 3,4s2,473 172,172 881,697 p09,525) 7,000 2,789,948 ,i TOtel Clty FUfI S 39,055,947 5Q53fi,651 fi3,485,125 (12,948,474) 2,163,186 28270,659 � UTILITY AND OTHER 6USINE55 ACTIVITIES DETAIL � E Elechic Utility 14,832,369 15,422,680 19,328,640 (3,905,960) - 10,926,409 �IW Wa[er Utility 2,292,835 5,974,163 4,24�,439 1,726,724 (250,000) 3,769,559 , S Sewer Utility 11,387,962 5,727,044 10,552,586 (4,825,542) 2,443,186 9,005,606 LF SOlid WastB Dispos8l (251,779) 1�0,�25 1,352,370 (1,252,345) (1,504J24) fi AlfpOfl 288,764 1,627,335 1,756,355 (129,020) 159,744 . P PBfking 162,740 107,741 779,126 (71,385) 91,355 " M MUSeufn 201638 93,282 345,281 (251,999) (50361) 8 Golf (1,015,579) 182,307 182,307 - (1,015 519) L Street Lighting 408,228 176,095 326,989 (152,894) 255 334 �� CC Conference Center (12,417) 2s1,522 313,a52 (27,s3o) (3a,3A1) I,I Total Utility And Other 8usinese Activities Detail 28,294,626 29,702,194 38,586,545 (8,884,351) 2,193,186 21,603,681 Refer to the"Combining Fund Schedule"for a listing of the funds In each category �. ES-6 I � Schedulel CITY OF UKIAH GENERALFUND SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES � BUUGETAND ACTUAL FOR THE YEAR ENUED JUNE 30,2012 Variance With Final Butlget- Budgeted Amount5 Positive Original Final General (Negative) REVENUES Taxes: Property $ �45,056 $ 1,245.056 $ 1,213,479 $ (31,577) Sales and use 6,333,756 6,333,75fi 6,465,410 731.654 Propertytransfer 33,700 33,700 24,770 (g,g3p) Trensientoccupancy 691J08 691,708 775,547 84,439 Business license 315,291 315,291 325,674 10,383 Frenchise 535,400 547,400 567,486 20,086 Licenses and pertnits 137,800 731,800 434,492 302,692 Fines,forteitures,and penatties 52,662 52,662 46,960 (5,702) From otheragencies 1,374,988 1,374,988 7,350,289 (24,6gg) Use af money antl propeRy 829,571 829,571 856,146 26,575 Chargesforcurtentservices 892,204 892,204 1,146,590 254,386 Other 1,000 7,000 4,498 3,498 Tofal Revenues 11,936,536 12,448,536 13,211,341 762,805 EXPENDITURES Current I I General govemment 1.728.729 2.231.319 1.817.593 413.726 'i Publicsafety 8,783,289 8,511,076 8,660,148 (i4g,p72) StreeLS antl roatls 927,891 942,327 7,087,896 (145,575) Parks and recreation 1,640,654 1,845,654 1,970,035 (124,381) , CommuniTy development 98,255 225,755 67,839 157,916 I� Debt service 5,546 5,546 38 5,508 I Capifal outlay 149,329 173,641 46,593 127,048 I i Total E�entlitures 12,933,693 13,935,372 13,650,142 285,770 I Excess(Deficiency)of Revenues Over Expentldu2s (997,757) (1,486,776) (438,801) 7,p47,g75 II OTHER FINANCING SOURCES IUSESI '� Transfers in 1,022,279 7,022,219 1,065,910 43,691 i Total Other Financing Sources(USes) 7 p22,219 1,022,219 7,065,910 43,691 I, Net Change In Fund Balances 25,062 (4fi4,557) 627,109 1,091,666 � I Funtl Balances,Jury 1, 6,237.800 6,237,800 6,237,800 - I Fund Balances,June 30, $ 6,262,862 S 5,773,243 $ 6,964,909 S 7,091,666 I I 50 II RESOLUTION NO. 2013�22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE DEPARTMENT HEAD, FIRE, FIRE MANAGEMENT, MISCELLANEOUS, MANAGEMENT AND POLICE UNITS WHEREAS, the Employee/Employer Relations Officer and her Designees have met and conferred in good faith wfth representatives of the Department Head, Fire, Fire Management, Miscellaneous, Management, and Police Units; and WHEREAS, Memoranda of Understanding for the term of September 18, 2013 through September 18, 2015 for ongoing 5% compensation reductions have been agreed to; and ' WHEREAS, said Memoranda of Understanding have been presented to the City Council for Rs consideration. NOW, THEREFORE, BE IT RESOLVED that the Memoranda of Understanding are hereby adopted and the Employee/Employer Relations Officer is authorized to enter into these Agreements. PASSED AND ADOPTED this 18"'day of September 2013, by the following roll call vote: I Landis Thomas Baldwin and Crane � AYES: . . . ' NOES: None I ABSENT: None , � ABSTAIN: None ��!—��,,.�� '� �a� Douglas F rane, Mayor ATTEST: �,��lr�� �i�- Knstine lawler, City Clerk 3:mouVesmou2013 ' I I I i