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HomeMy WebLinkAbout97-66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-66 RESOLUTION OF THE CI~/ COUNCIL OF THE CITY OF UKIAH ADOPTING THE M~MORAN])UM OF UNDERSTANDING BETWEEN ~"rIE CITY OF UKIAH ;LND F~%NAGE~T UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Management Unit; and WHEREAS, a Memorandum of Understanding has been approved by the Management Unit; and WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding for the Management Unit is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement for the Fiscal Year 1996-97. PASSED A/qD ADOPTED this 16th day of April, 1997, by the following roll call vote: AYES: Malone. NOES: None. ABSENT: None. Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor ATTEST: Colleen B. Henderson, City Clerk 3 :P~R/RES.MOU ~S~ieridan Malone/ayor MEMORANDUM OF UNDERSTANDING 1996-1997 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-BrownAct (California 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 Management Unit (hereinafter Unit). As a result of meet and confer sessions, the City and Unit have agreed to the following understandings. Term The term of this Agreement shall be one year, effective October 1, 1996, through September 30, 1997. 1. Family Sick Leave Unit members may use up to three (3) days of their accrued sick leave per fiscal year to care for sick family members, which include the employee's children (including adopted, foster, or step children), spouse, and parents. This is not an increase in sick leave accrual amounts and does not accumulate from year to year. 2. Excess Hours Worked Under existing City policy, Management Unit employees may accrue time off when they work over 50 hours per week ("excess hours") which can be used hour for hour as time off. In an effort to ensure that the calculation of excess hours for Management Unit employees is consistent among all departments, the term "per week" shall be defined as "any consecutive seven-day period," and not as the standard pay week. The City Manager and/or Department Head must approve any excess hours claimed and any corresponding time taken. Hours must be entered on the City fo~m entitled, "Record of Management Employee Excess Hours" and must be initialled by both the employee and the Department Head. Any excess hours which are taken as time off must be placed on a Personnel Action Form and approved by the Department Head and/or City Manager, with a copy of the corresponding excess hours record attached. Hours which are worked at the Management employees' discretion and not at the request or with the approval of the Department Head will not be counted as excess hours. All unused accumulated hours not used by June 30 of each year, or upon termination of employment, shall be forfeited. benefits, the City and the Unit will meet and confer on the best way to respond to these changes to reduce or eliminate their effect on unit members and the City. This Memorandum is ratified and adopted pursuant to the recoa~Lendations of the following representatives this ~day of ~:~'i{ , 1997. CITY OF UKIAH MANAGEMENT UNIT Candace Horsley City Manager David LohsE Associa~t~ Wastewater Treatment Plant Supervisor Roe Sandelin Deputy Fire Chief ~:MOU/MGMT96 o Nothing in this paragraph shall be construed as entitling any Unit member to additional salary or other cash payments for hours accrued or forfeited under this paragraph. Release Time Management Unit members will receive 26 hours of paid "release time" off during the period of January 1 through June 30, 1997. This release time is non-accruable and non-cashable, and any time not taken by the employee prior to June 30, 1997, will no longer be available. (This section replaces the language included in the Management Unit Agreement, dated January 15, 1997.) There will be a temporary_ salary reduction for Management Unit employees which equates to 1 1/4% of annual base rate salary which will be deducted during the period of January through March, 1997. There will be no reductions in benefit accruals or flex plan calculations during this period. (This section replaces the language included in the Management Unit Agreement, dated January 15, 1997.) 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. City Only Liable for Direct Cost of Benefits 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. Whenever, the decisions of other government agencies or departments affect the value or availability of RECORD OF MANAGEMENT EMPLOYEE EXCESS HOURS ANY HOURS INCLUDED ON THIS FORM SHOULD BE REVIEWED AND APPROVED BY DEPARTMENT HEAD EMPLOYEE: $:FOIt~MG~T. BOURS