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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 sc 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 -2- 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 -1- 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. -2- 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." -3- 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." -4- Article VIII. Medical Insurance Premiums, Medical Insurance Coverage. City shall continue to pay medical insurance premiums, and provide medical insurance coverage, to employee and • 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 -5- 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 -6-