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HomeMy WebLinkAbout04 - Association of Newport Beach Ocean Lifeguards (ANBOL) MOUAgenda Item No. 4 July 26, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3002, dkiff @newportbeachca.gov PREPARED BY: Terri L. Cassidy, Human Resources Director APPROVED:a L UQ<I1 TITLE: Association of Newport Beach Ocean Lifeguards Memorandum of Understanding ABSTRACT: The Memorandum of Understanding (MOU) between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards ( ANBOL) expired April 30, 2011. Following the Meet and Confer process, the City and ANBOL reached a Tentative Agreement as to wages, benefits and other terms and conditions of employment for the period May 1, 2011 through June 30, 2012. Included in the MOU is a provision for unit members enrolled in the California Public Employees Retirement System (PERS) to contribute the full 9% safety Member Contribution. The agreement between the City and ANBOL does not become effective until the City Council takes action to adopt it. RECOMMENDATION: Adopt Resolution 2011 -83 approving the Memorandum of Understanding between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards; and adopt Resolution 2011- 84 to eliminate the paying and reporting of the Employer Paid Member Contribution (EPMC) for ANBOL employees in PERS. FUNDING REQUIREMENTS: There is no funding requirement for this item. The adopted FY11 -12 budget reflects staffing reductions through decreases in part-time hours for seasonal ocean lifeguards. Additionally, the City will save an estimated $3,000 to $4,000 in FY11 -12 as a result of employees picking up the full 9% safety Member Contribution to PERS. Association of Newport Beach Ocean Lifeguards Memorandum of Understanding July 26, 2011 Page 2 DISCUSSION: The Association of Newport Beach Ocean Lifeguards ( ANBOL) represents approximately 180 part- time /seasonal beach lifeguards. In May 2011 City representatives and ANBOL representatives began meeting and conferring to discuss wages, benefits and other terms and conditions of employment to replace the MOU that expired April 30, 2011. The City and ANBOL met a total of three times and reached a Tentative Agreement on June 27, 2011, the terms of which are included in the attached Memorandum of Understanding (Attachment A). The tone of negotiations reflected the challenging financial climate. The bargaining unit representatives understood the City's position that limiting expenditures is necessary to ensure the City's financial stability. The main provisions of the agreement with ANBOL include: Fourteen month term, from May 1, 2011 through June 30, 2012 o No increase in pay; salaries are to remain unchanged o No increases to benefits Employees enrolled in CalPERS will pay the full 9% safety Member Contribution, eliminating the Employer Paid Member Contribution (EPMC) The majority of ANBOL represented employees are enrolled in the Public Agency Retirement Services program (PARS), the City's alternative to Social Security, and are not enrolled in PERS. This is due primarily to the fact that ANBOL employees work seasonally and typically do not meet the threshold necessary to enroll them in PERS (1,000 hours in a fiscal year). However, for various reasons a very limited number of ANBOL employees (only five) are PERS members. In order to implement the MOU provision requiring these employees contribute the full 9% safety Member Contribution toward PERS, the City Council must adopt a resolution eliminating Employer Paid Member Contribution (Attachment B). In addition to employees picking up the full safety Member Contribution for PERS, any ANBOL employees who enroll in PERS in the future will be subject to the two -tier 2 % @50 PERS retirement formula, same as employees in the Lifeguard Management Association (LMA). The membership of ANBOL ratified the agreement by majority vote. However, the agreement does not become effective, per Government Code Section 3505.1, until the governing body, i.e., City Council, takes action to adopt it. Upon City Council adoption of the resolution approving the Memorandum of Understanding and the resolution eliminating the Employer Paid Member Contribution, Human Resources and Association of Newport Beach Ocean Lifeguards Memorandum of Understanding July 26, 2011 Page 3 Administrative Services staff will work to implement the provisions as soon as practicable. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: DaveRiff City Manager Attachments: A. Resolution to Adopt the Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards (includes Exhibit A) B. Resolution to Modify the Paying and Reporting of the Value of the Employer Paid Member Contribution (EPMC) ATTACHMENT A. RESOLUTION NO. 2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS WHEREAS, the City Council of the City of Newport Beach previously adopted Resolution No. 2001 -50, the "Employer - Employee Relations Resolution ", to promote improved relations and communication between the City of Newport Beach and its employee associations; and WHEREAS, the City of Newport Beach previously entered into a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards effective May 1, 2010, through April 30, 2011; and WHEREAS, representatives from the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards have met and conferred in good faith and agreed to a successor Memorandum of Understanding; and WHEREAS, the City Council of the City of Newport Beach desires to adopt the Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards. NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE as follows: Section 1. Wages, hours, benefits and other terms and conditions of employment for employees represented by the Association of Newport Beach Ocean Lifeguards shall be provided in accordance with the provisions of the attached Memorandum of Understanding (Exhibit A). Section 2. The term of the Memorandum of Understanding shall be for 14 months, commencing retroactively to May 1, 2011, and will remain in full force and effect through June 30, 2012. Adopted this day of 2011. AN ATTEST: City Clerk Mayor of the City of Newport Beach EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is entered into with reference to the following: I:3e1=U1JiI- -INA 1. The Association of Newport Beach Ocean Lifeguards ( "ANBOL" or "Association "), a recognized employee organization, and the City of Newport Beach ( "City "), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. Association representatives and City representatives have reached a tentative agreement on June 27, 2011 as to wages, hours and other terms and conditions of employment for the period from May 1, 2011 to June 30, 2012 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by the Association and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. Except as limited herein, the City retains all management rights as set forth in the Meyers - Milias -Brown Act and Resolution 2001 -50. SECTION 1. —General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer /Employee Relations Resolution No. 2001 -50, the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, ll, and III, or as appropriately modified in accordance with the Employer /Employee Relations Resolution. All other classifications and positions are excluded from representation by the Association. Recognition is limited to employees who are active employees ( "Active Employee ") with job titles of Lifeguard I, II, and III who have worked in such positions for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and who have worked 240 cumulative hours. An Active Employee is an individual who has completed the Fire Department's re- certification class with the expectation of City-ANBOL MOU May 1, 2011 through June 30, 2012 Page 2 of 7 working a minimum of 56 cumulative hours per calendar year. All other employees are excluded. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of May 1, 2011. This MOU shall remain in full force and effect until June 30, 2012, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. Negotiations for a successor agreement shall commence in March 2012. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this-MOU. C. Employee Data and Access Each April, the City shall provide Association a regular list of all unit members including name, contact info (including e-mail) and job title. For those members who specifically ask that their personal information not be given out, email contact information only will be provided. D. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue contained herein. E. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. City -ANBOL MOU May 1, 2011 through June 30, 2012 Page 3 of 7 F. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. SECTION 2. —Compensation A. Pay for Time Worked 1. Salary Adjustments Base salaries shall remain unchanged for the term of this agreement. 2. Bi- Linqual Pay Employees certified -as bilingual (Spanish) shall be eligible to receive fifty ($.50) cents per hour in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. 3. EMT Pav Employees who maintain certification as Emergency Medical Technicians ( "EMTs ") according to State of California regulations and Orange County EMS policy shall be eligible to receive fifty ($0.50) cents per hour worked in "EMT Pay." It is the employee's responsibility to have their current EMT Certification on file. Employees certified shall receive EMT Pay the first full pay period following certification. 4. Compensation for Overtime - Normal Overtime Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods. City -ANBOL MOU May 1, 2011 through June 30, 2012 Page 4 of 7 Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. Compensation - Normal overtime for all non - exempt employees shall be paid at one - and - one -half (1 -1/2) times the hourly rate of the employee's bi- weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services /Finance Director. 5. Temporary Upgrading of Employees Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is assigned to a salary schedule higher than his /her regular classification. Employees temporarily assigned to Lifeguard II or Lifeguard III job classifications shall receive a five percent (5 %) pay differential over their regular rate of pay for all time worked in the higher classification, with a minimum of one hour required to receive the differential. SECTION 3. - Work Hours and Staffing A. Staffinq During "A" level staffing, Monday through Friday, two patrols (one each in divisions 1 and 2) shall be staffed with two persons. Saturday and Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with two persons. The staffing will consist of a unit operator and a mentored lifeguard. Staffing of the mentored lifeguard position will be placed on the regular schedule and staffed per Fire Department Policy, and will be eligible for temporary upgrade pay. Based on availability, Lifeguard Towers will be staffed with Lifeguard II qualified personnel during "C" level staffing. Lifeguard I personnel staffing Towers during "C" staffing will receive temporary upgrade pay. Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty -five (35) hours per week during "A" level staffing. Represented employees will, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the number designated by the employee. Once reporting to work, employees will be afforded the City -ANBOL MOU May 1, 2011 through June 30, 2012 Page 5 of 7 opportunity to either work their scheduled shift or voluntarily leave work without pay if work is not available. SECTION 4. — Fringe Benefits A. Equipment Allotment Represented employees in the Association shall be paid One Hundred and Forty ($140.00) Dollars annually towards the purchase of UVA/UVB compliant sunglasses, sweat pants, full brimmed or ball cap style hat, equipment carrying bag, water proof watch and replacement and /or repair of any work related equipment. This payment will be made by the first full pay period in July of each season they are working. Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant. B. Sunscreen Represented employees will be provided sunscreen and lip balm on an as- needed basis. C. Skin Cancer Screening Annual skin cancer examinations shall be provided for unit employees at a facility selected by the City. Employees who are scheduled to be screened off duty will be paid one (1) hour of compensation. D. Binoculars Represented employees shall be provided a pair of binoculars (minimum power 10 x 50) at the start of their careers with the City. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division Supervisors. If the provided binoculars are lost or damaged, the employee shall replace them with a pair meeting the City's specifications. E. Other Equipment One pair of uniform trunks and two uniform shirts each season. One jacket per career, replaced when unserviceable. One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties. City -ANBOL MOU May 1, 2011 through June 30, 2012 Page 6 of 7 F. Gvm Represented employees will be provided access to the City Gym. G. Parking Passes Represented employees will be provided one parking pass that does the following: • Allows "blue pole' parking year around. • Allows "all meter' parking June 15th to September 301h. H. Identification Card Upon request, represented employees who desire an Identification (ID) Card shall be provided with an official wallet -sized City of Newport Beach identification card. I. Other Benefits Not Guaranteed Employees represented by the Association of Newport Beach Ocean Lifeguards may, in the sole discretion of the City, be provided additional benefits /privileges. J. Effective July 2, 2011, unit members enrolled in California Public Employees Retirement System (CaIPERS) will pay the full 9% "safety member' contribution of CaIPERS reportable earnings and the Employer Paid Member Contribution will be 0 %. This payment will be made on a pre -tax basis through payroll deduction pursuant to IRS Code Section 414(h)(2). This contribution will not be considered as part of employee's "compensation eamable" under Government Code section 20636. SECTION 5. - Miscellaneous A. Disciplinary Actions Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee. Represented employees may appeal any such actions to the Fire Chief within ten- (10) calendar days of the disciplinary action. The Fire Chief will meet with the employee and a representative of their choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved, the employee may, within ten (10) calendar days, appeal to the City Manager. The City Manager will meet with the employee and their representative. Within ten (10) calendar days, the City Manager shall issue his /her decision. The decision of the City Manager shall be final. ATTACHMENT B RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO MODIFY THE PAYING AND REPORTING OF THE VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTION TO THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) FOR EMPLOYEES REPRESENTED BY THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS WHEREAS, the City Council of the City of Newport Beach has the authority to implement Government Code Section 20636(c)(4) pursuant to Section 20691 to report the value of the Employer Paid Member Contribution (EPMC) if provided for in a labor agreement; and WHEREAS, the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards has a written agreement which specifically provides the normal safety member contribution will not be paid by the City; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Newport Beach of a resolution to modify the paying and reporting of the EPMC; and WHEREAS, the City Council of the City of Newport Beach has identified the following conditions for the purpose of its election not to pay or report the value of the EPMC. NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE to pay and report the value of EPMC as follows: Section 1. This benefit shall apply to all employees represented by the Association of Newport Beach Ocean Lifeguards who are enrolled in CalPERS. Section 2. Effective the pay period that includes July 2, 2011, this benefit shall be modified to consist of the City of Newport Beach paying 0.0% of the normal contributions as EPMC and reporting the same percent (value) as compensation earnable. Adopted this day of 2011. go ATTEST: City Clerk Mayor of the City of Newport Beach