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SANTA ANA MANAGEMENT ASSOCIATION (2010-2012)
, ~©~ ~ A-2009-097 ~~ ~hn~) TWO-YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING, AS AMENDED, BETWEEN 1 ~ ~~ THE CITY OF SANTA ANA AND SANTA ANA MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2010-11 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%). ° ° G. Effective July 1, 2010, the base salaries of classifications covered by this Agreement shall be increased by approximately four percent (4~0). H. Effective January 1, 2011, the base 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°I° at 55 retirement benefit. To the extent permitted by CaIPERS and 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 CuIPERS 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 2.590 salary increases originally scheduled for July 1, 2009 and January 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 Year 2009-30 an employee's ability to cash out longevity vacation time. The ability to cash out longevity vacation time shall be re-instated July 1, 2010. Such deferral shall not affect nn 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 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. 6. 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 vncntion not taken beyond that amount is forfeited. 9.6 Manaaement 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 January 1, 2010, the maximum accrual of management vncntion benefit hours shall increase to thirty (30) days (240 hours). 9.7 Manaaement 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 f ive (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 Yenr 2009-10 an employee's ability to cash out management vacation benefits. The ability to cash out management vacation benefits shall be re-instated July 1, 2010. Such deferral shall not affect nn 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 management vacation per calendar year. D. Effective July 1, 2012, the maximum permitted yearly cash out of management vacation time shalt revert back to forty (40) hours per calendar year. AMENDED ARTICLE XI (new language in bold; deleted provisions lined out) 11.0 EMPLOYEE INSURANCE 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 1.759'0 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 bnrgnining unit shall be 1.09:0 of the bnrgnining unit's salary base; 3. Effective fiscal year 2011-12, the City's annual contribution to the Medical Retirement Subsidy Plan for full time SAMA employees shall revert bock 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 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 12:01 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. 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: 'U 3 ~ ~' D ~~ David N. Ream City Manager RECOMMENDED: as Kathie Gonzalez Acting Director Personnel Services APPR~(~ AS TO FORM: ATTEST: / ~ ~- Patricia E. Healy Clerk of the Council Joseph .Fletcher City nPv This Agreement has been ratified by the membership of the Santa Ana Management Association. Dated: 6 • a 5~• o ~ gy; • ~~ z f~~ ss L~~.s President By: Vice President