HomeMy WebLinkAbout86-95 - City Manager-City Clerk-City Attorney MOURESOLUTION NO. 86 -95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY MANAGER, CITY
• CLERK AND CITT ATTORNEY
WHEREAS, the City Council of the City of Newport Beach
has previously approved a Memorandum of Understanding ( "MOU ")
with each of six (6) bargaining units representing the vast
majority of Newport Beach employees; and
WHEREAS, these MOU's establish wages, hours, fringe
benefits and other terms and conditions of the employees
represented by those bargaining units for the 1986 -87 fiscal
year; and
WHEREAS, prior to the beginning of fiscal year 1986 -87,
the City Council established, by Resolution No. 86 -62, the
salaries and other terms and conditions of employment of the City
Manager, City Clerk and City Attorney; and
WHEREAS, it was the intent: that the salary established
by that Resolution would continue for the duration of fiscal year
1986 -87 and with the exception of the contract between the City
and these employees relative to vacation accrual and severance
pay, that other terms and conditions of employment generally
applicable would also apply to the employee; and
WHEREAS, since July 5, 1986, City Manager, City Clerk
and City Attorney have performed the duties required by the City,
and City has paid City Manager, City Clerk and City Attorney the
salary specified in Resolution No. 86 -62 and has otherwise
compensated City Manager, City Clerk and City Attorney in
accordance with the fringe benefits received by other City
employees pursuant to MOU or City policy; and
WHEREAS, the City Manager, City Clerk and City Attorney
offered to continue to work for City in his (her) current
• capacity for the remainder of fiscal year 1986 -87 if the City
commits to continue to pay the salary specified in Resolution No.
86 -62, continues to provide City Manager, City Clerk and City
Attorney with the fringe benefits received since July 5, 1986,
complies with other terms and conditions of employment applicable
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generally to employees of the City of Newport Beach, and
provides employee with a written Memorandum of Understanding; and
WHEREAS, the City wishes to accept City Manger's, City
Clerk's and City Attorney's offer and confers upon City Manager,
City Clerk and City Attorney the same status accorded those
employees covered by MOU's approved by the Council for the fiscal
• year 1986 -87.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City
Clerk are hereby authorized to execute individual Memorandum of
Understanding of City Manager, City Clerk and City Attorney
presently not covered by a Memorandum of Understanding, in
substantially the same form as that attached to this Resolution
as Exhibit "A," with City Manager, City Clerk and City Attorney
currently not covered by a Memorandum of Understanding during
fiscal year 1986 -87.
ADOPTED this 27th day of October, 1986.
ATTEST:
City Clerk
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into with
reference to the following:
• A. The City Council of the City of Newport Beach has
entered into a Memorandum of Understanding ( "MOU ") with each of
six (6) recognized bargaining units composed of Newport Beach
employees.
B. The MOU's with the six (6) employee associations
established the wages, hours, fringe benefits and other terms and
conditions of the employees represented by those units for the
1986 -87 fiscal year.
C. Prior to the beginning of fiscal year 1986 -1987,
employee and an authorized representative of the City also met
and conferred regarding wages and other terms and conditions of
employment. As a result of these negotiations, the City Council
adopted Resolution No. 86 -62 establishing the salary of employee
effective July 5, 1986. It was the intent of the City Council
that the salary established by Resolution No. 86 -62 would
continue for the duration of fiscal year 1986 -87 and that other
terms and conditions of employment generally applicable to City
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employees by virtue of the various MOU's or the City's Personnel
Resolution would also apply to employee during the current fiscal
year.
• D. Since July 5, 1986, employee has worked for the
City and has performed the duties required by the City, and City
has paid employee the salary specified in Resolution No. 86 -62
and has otherwise compensated employee in accordance with the
fringe benefits received by other City employees pursuant to MOU
or City policy.
E. Employee has offered to continue to work for City
in his (her) current capacity for the remainder of fiscal year
1986 -87 if the City commits to continue to pay the salary
specified in Resolution 86 -62, continues to provide employee with
the fringe benefits received since July 5, 1986, complies with
other terms and conditions of employment applicable generally to
employees of the City of Newport Beach, and provides employee
with a written Memorandum of Understanding.
F. The City wishes to accept employee's offer and
confer upon employee the same status accorded those employees
covered by MOU's approved by the Council for fiscal year 1986 -87.
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NOW, THEREFORE, this MOU is made and entered into by
the parties hereto effective October 27, 1986.
Article I.
• Duties of City nd Employee.
Employee, for the term of this Agreement, agrees to
perform the duties required of the position that employee holds
as of the effective date of this Agreement. City accepts
employee's offer to continue to perform the duties of his (her)
current position and agrees to compensate employee, for the term
of this MOU, as provided herein.
Article II.
Term.
This MOU is to remain in full force and effect until
midnight, July 3, 1987.
Article III.
Salaries and Wage.
The City agrees that employee's salary shall be as
specified in Resolution Number 86 -62, copy of which is attached
to this MOU as Exhibit "A."
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Article IV.
Vacation Accrual.
Vacation and severance pay shall continue to be
governed by the provisions of the contract between the parties
dated December 17, 1984.
•
Article V.
Sick Leave.
Employee shall continue to accrue, maintain and use
sick leave as provided in the current City Personnel Resolution.
Article VI.
Holidays.
r
Employee shall be entitled to paid holidays as provided
in the current City Personnel Resolution.
Article VII.
Bereavement Leave.
Section 705.1 of the Personnel Resolution, Bereavement
Leave, shall read as follows:
"The necessary absence from duty by an employee having
a regular or probationary appointment, because of the
death or terminal illness in his /her immediate family."
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Article VIII.
Medical Insurance Premiums, Medical Insurance Coverage.
City shall continue to pay medical insurance premiums,
and provide medical insurance coverage, to employee and
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employee's dependents, in the same manner as provided immediately
prior to the effective date of this MOU.
Article IX.
Other Terms and Conditions of Employment.
All other terms and conditions of employment in
existence immediately prior to the effective date of this MOU
shall remain unchanged and in full force and effect during the
entire term of this MOU unless altered by mutual agreement of the
parties.
Article X.
Conclusiveness of MOU.
This MOU contains all of the covenants, stipulations
and provisions agreed upon by the parties.
Article XI.
Separability.
Should any part of this MOU, or any provision herein,
be rendered or declared invalid, by reason of any existing or
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subsequently enacted legislation, or by a decree of a court of
competent jurisdiction, such declaration or decree shall not
invalidate the remaining portions of the MOU and they shall
remain in full force and effect, provided, however, should the
• provisions of this MOU relating to salary, or vacation or sick
leave accrual be declared invalid, City agrees to provide
alternative benefits to employee, the benefits if legally
permissible, to result in employee receiving the same amount of
compensation as he (she) would have received had the provision(s)
not been declared invalid.
Executed this _ day of _ 1986.
Mayor
ATTEST:
By:
City Clerk
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