HomeMy WebLinkAbout25B - MOU SANTA ANA MGMT ASSOCREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 29, 2009
TITLE:
AGREEMENT WITH THE SANTA ANA
MANAGEMENT ASSOCIATION
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15~ Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with the Santa Ana Management
Association regarding wages and other terms and conditions of employment.
DISCUSSION
The City and the Santa Ana Management Association (SAMA) recently
completed contract negotiations resulting in a two-year contract extension
to the 2008-09 and 2009-10 amended Memorandum of Understanding. This
extension period covers July 1, 2010 through June 30, 2012.
The provisions of this extended agreement are as follows:
1) Salary: July 1, 2009 = Oo
January 1, 2010 = Oo
July 1, 2010 = 40 (deferred from July 1, 2009)
January 1, 2011 = 2.50 (deferred from January 1, 2010)
July 1, 2011 - June 30, 2012 = 0%
2) Vacation cash out: Employees shall defer longevity vacation and
management vacation cash out for 2009-10. Allow carryover of 60 hours
of longevity vacation and 40 hours of management vacation. The
maximum cash out value is 90 hours and 60 hours, respectively, for
2010-11 and 2011-12.
3) Retiree Health Subsidy: Suspend 2009-10 deposit to SAMA fund (1.750
of base salary, plus premiums). Reduce 2010-11 deposit to SAMA fund
from 1.75% to la of base salary, plus premiums.
4) Should any other bargaining unit receive a salary or benefit increase
during the term of this Agreement, with the exception of the 4% and
2.5% salary increases originally scheduled for July 1, 2009 and
January 1, 2010, respectively, SAMA employees shall be granted that
salary or benefit equivalent.
25B-1
Agreement with SAMA
June 29, 2009
Page 2 of 2
FISCAL IMPACT
There is a total savings to the City of $525, 786 for the deferral of the
salary increases, leave cash outs, and reductions to the Retiree Health
Subsidy fund.
Kathie S. Gonzalez
Acting Executive Director
Personnel Services
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TWO-YEAR CONTRACT EXTENSION TO
THE MEMORANDUM OF UNDERSTANDING, AS AMENDED, BETWEEN
THE CITY OF SANTA ANA
AND
SANTA ANA MANAGEMENT ASSOCIATION
FOR FISCAL YEARS 2010-1 l AND 2011-12
The City of Santa Ana (CITY) and the Santa Ana Management Association (SAMA) have met and
agreed to amend the previously amended Memorandum of Understanding (MOU) between the CITY
and SAMA for Fiscal years 2004-05 through 2009-10 by extending this amended MOU for an
additional two (2) years. The existing MOU provisions will remain unchanged unless addressed by
this addendum. The new expiration date of the MOU will be June 30, 2012, and the MOU will be
amended as follows:
AMENDED ARTICLE V (new language in bold; deleted provisions lined out)
5.3 Salaries.
E. .Effective July__ 1, 2008, the base salaries of classifications covered by this Agreement
shall be increased by approximately four percent (4%).
F. Effective January 1, 2009, the base salaries of classifications covered by this
Agreement shall be increased by approximately two and one-half percent (2.5%).
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G. Effective July 1, 2010, the bnse salaries of classifications covered by this
Agreement shall be increased by approximately four percent (49'0).
H. Effective January 1, 2011, the bnse salaries of classifications covered by this
Agreement shall be increased by approximately two and one-half percent (2.59'0).
I. Effective July 1, 2007, Miscellaneous employees covered by this Agreement shall
contribute 2% of their salary toward the employer cost of the 2.7% at 55 retirement
benefit. To the extent permitted by CaIPERS and Internal Revenue Service
regulations, this 2% contribution shall be implemented through payroll deduction on a
pre-tax basis.
J. Effective July 1, 2008, Miscellaneous employees covered by this Agreement shall
contribute an additional 2% of their salary (for a total of 4%) toward the employer cost
of the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and
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Internal Revenue Service regulations, this additional 2% contribution shall be
implemented through payroll deduction on a pre-tax basis.
K. Effective July 1, 2009, Miscellaneous employees covered by this Agreement shall
contribute an additional 2.3% of their salary (for a total of 6.3%) toward the employer
cost of the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and
Internal Revenue Service regulations, this additional 2.3% contribution shall be
implemented through payroll deduction on a pre-tax basis.
L. Should any other bargaining unit receive a salary or benefit increase, with the
exception of the 49o and 2.5~o salary increases originally scheduled for July 1,
2009 and Jnnunry 1, 2010, respectively, during the term of this Agreement,
SAMA employees shall be granted that salary or benefit equivalent.
AMENDED ARTICLE IX (new language in bold; deleted provisions lined out)
9.3 Longevity Vacation
D. Effective July 1, 2005, employees covered by this Agreement will be permitted to
cash-out up to sixty (60) hours of their current year's allocation of longevity vacation
accrual on a straight time basis.
E. Effective July 1, 2009, all employees covered by this Agreement shall defer for
the duration of Fiscal Yenr 2009-10 an employee's ability to cash out longevity
vocation time. The ability to cash out longevity vacation time shall be re-instated
July 1, 2010. Such deferral shall not affect an employee's ability to be
compensated for all accumulated leave upon termination of employment with the
City.
F. Effective July 1, 2010 through June 30, 2012, all employees covered by this
Agreement will be permitted to cash-out a maximum of ninety (90) hours of
accrued longevity vacation per fiscal year.
6. Effective July 1, 2012, the maximum permitted yearly cash out of longevity
vacation time shall revert back to sixty (60) hours per fiscal year.
9.4 Limitation on Vacation
A. With the exception of a retiring employee, no employee is granted, and no employee
shall be allowed to take any vacation leave with pay in excess of fifty (50) working days
(400 hours) in any one year by any combination of the vacations granted in these rules
and regulations. Further, no employee may carry over from one (1) calendar year to the
next more than the equivalent of one (1) longevity vacation period and the equivalent of
one (1) regular vacation period from the previous two (2) years and vacation not taken
beyond that amount is forfeited. Therefore, the maximum vacation that an employee
25B-4
with less than six (6) years service could accumulate is thirty (30) working days (240
hours) and only an employee with more than twenty (20) years service could carry over
and take the authorized maximum of fifty (50) working days (400 hours) in any one
year.
B. Effective January 1, 2010, no employee may carry over from one (1) calendar
year to the next more than the equivalent of two (2) longevity vacation periods and
the equivalent of one (1) regular vacation period from the previous two (2) years
and vacation not token beyond that amount is forfeited.
9.6 Management Vacation Benefit.
A. All full time SAMA employees covered by this Agreement will be granted an additional
five (5) working days [five (5), eight (8)-hour days for forty (40) hour employees] per
calendar year over the regular and longevity vacation schedules applicable to
represented non-management employees of the City subject to a maximum accrual of
twenty-five (25) days of such additional five (5) days per year.
B. Effective Jnnunry 1, 2010, the maximum accrual of management vncntion benefit
hours shall increase to thirty (30) days (240 hours).
9.7 Management Vacation Pay Option
A. Effected employees shall be given once each calendar year the option to receive cash
compensation, computed on a straight-time basis, in lieu of up to five (5) 8-hour working
days of earned unused management vacation benefits set forth in Section 9.6 above.
B. Effective July 1, 2009, all employees covered by this Agreement shall defer for
the duration of Fiscal Year 2009-30 an employee's ability to cash out mnnngement
vncntion benefits. The ability to cash out mnnngement vacation benefits shall be
re-instated July 1, 2010. Such deferral shall not affect an employee's ability to
be compensated for all accumulated leave upon termination of employment with the
City.
C. Effective July 1, 2010 through June 30, 2012, all employees covered by this
Agreement will be permitted to cash-out a maximum of sixty (60) hours of accrued
mnnngement vacation per calendar year.
D. Effective July 1, 2012, the maximum permitted yearly cash out of management
vncntion time shall revert bock to forty (40) hours per calendar year.
AMENDED ARTICLE XI (new language in bold; deleted provisions lined out)
11.0 EMPLOYEE INSURANCE
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11.7 Medical Retirement Subsidy Plan.
A. Effective Fiscal Year 2004-05, the City's annual contribution to the Medical Retirement
Subsidy Plan for full time SAMA employees shall be increased by an additional one-half
percent (0.5%) of the bargaining unit's salary base, under the same Medical Retirement
Subsidy Plan it maintains for Executive Officers and Management employees of the City.
With this additional contribution amount, the City's contribution toward the Medical
Retirement Subsidy Plan for SAMA employees shall equal one percent (1.0%) of the
bargaining unit's salary base.
B. Effective Fiscal Year 2008-09, the City's annual contribution to the Medical Retirement
Subsidy Plan for full time SAMA employees shall be increased by an additional four
tenths of one percent (0.40%) of the bargaining unit's salary base. With this additional
amount, the City's contribution toward the Medical Retirement Subsidy Plan for SAMA
employees shall equal one and four tenths' percent (1.40%) of the bargaining unit's salary
base.
C. Effective Fiscal Year 2009-10, the City's annual contribution to the Medical Retirement
Subsidy Plan for full time SAMA employees shall be increased by an additional point
three five tenths of one percent (0.35%) of the bargaining unit's salary base. With this
additional amount, the City's contribution toward the Medical Retirement Subsidy Plan
for SAMA employees shall equal one and three quarters' percent (1.75%) of the
bargaining unit's salary base.
The City makes its annual contribution to the Medical Retirement Subsidy plan for
employees covered by this Agreement in October of each year. The Parties to this
Agreement hereby agree as follows:
1. The October 2009 payment of 1.759'0 of base salary to the Medical
Retirement Subsidy plan covering the members of this bargaining unit will be
suspended entirely;
2. The October 2010 payment of i .759a of base salary to the Medical
Retirement Subsidy plan covering the members of this bargaining unit will be
reduced by 0.759'0. Therefore, the October 2010 payment by the City to
the Medical Retirement Subsidy plan covering the members of this bargaining
unit shall be 1.09'0 of the bargaining unit's salary base;
3. Effective fiscal year 2011-12, the City's annual contribution to the Medico)
Retirement Subsidy Plan for full time SAMA employees shall revert back to
one and three quarters' percent (1.759:0) of the bargaining unit's salary base.
AMENDED ARTICLE XVIII (new language in bold; deleted provisions lined out)
18.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
25B-6
18.2 AGREEMENT TO RE-OPEN CONTRACT FOR MEET AND CONFER ON GRIEVANCE
PROCEDURE
Notwithstanding the provisions of Section 18.1, the City agrees that upon the written
request of SAMA after January 1, 2010, the City will expeditiously meet and confer
with SAMA for the sole purpose of amending this MOU to implement a grievance
procedure for employees covered by this Agreement similar to the grievance procedure
contained in the MOU's of other employee bargaining units, including management, in
the City.
AMENDED ARTICLE XX (new language in bold; deleted provisions lined out)
20.0 TERM
20.1 The term of this Memorandum of Understanding shall commence on the date when the
terms and conditions for its effectiveness, as set forth in Article III, Implementation, are
fully met, but in no event shall said Memorandum of Understanding become effective prior
to 12:O1 a.m. on July 1, 2004. This Memorandum of Understanding shall expire and
otherwise be fully terminated at 12:00 midnight on June 30, 20A~12.
25B-7
22.0 RATIFICATION & EXECUTION
The City and SAMA have reached an understanding as to certain recommendations to be
made to the City Council for the City of Santa Ana and have agreed that the parties hereto
will jointly urge said Council to adopt a new wage and salary resolution which will provide for
the changes contained in said joint recommendations. The City and SAMA acknowledge that
this Agreement shall not be in full force and effect until ratified by the membership of
SAMA and adopted by the City Council of the City of Santa Ana. Subject to the foregoing,
this Agreement is hereby executed by the authorized representatives of the City and
SAMA and entered into 29th day of June, 2009.
CITY OF SANTA ANA
Dated:
RECOMMENDED:
Kathie Gonzalez
Acting Director
Personnel Services
AS TO FORM:
J - se .Fletcher
ity torney
David N. Ream
City Manager
ATTEST:
Patricia E. Healy
Clerk of the Council
25B-8
This Agreement has been ratified by the membership of the Santa Ana Management Association.
President
By:
Vice President
25B-9
25B-10