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CC RESOLUTION 4584RESOLUTION NO. 4584 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA, AND THE EL SEGUNDO POLICE MANAGERS' ASSOCIATION. The City Council of the City of El Segundo does resolve as follows: Section 1: Discussions which have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of El Segundo and this Association; Section 2: Staff is authorized to implement all terms and conditions of the Memorandum of Understanding (entitled "agreement ") between the City of E1 Segundo and the El Segundo Police Managers' Association on or about December 9, 2008. A copy of that agreement is attached as Exhibit "A," and is incorporated by reference. Section 3: The City Clerk is directed to certify the passage and adoption of this Resolution; enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. Section 4: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED AND ADOPTED this 16`h day of December , 2008. Kelly McDo ell, Mayor CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 4584 was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 16`h day of December, 2008, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: NOT PART McDowell, Busch, Fisher, Jacobson Brann None None 'ICIPATING: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 16th day of December 2008. QAt/1l Cindy Mort en, City Clerk of the City of El Segundo, California (SEAL) APPROVED AS Mark D. H sle ty Attorney By: Karl H.' Berker Assistant City Attorney - 2 - L Exhibit A AGREEMENT BETWEEN REPRESENTATIVES OF THE CITY OF EL SEGUNDO AND THE EL SEGUNDO POLICE MANAGERS' ASSOCIATION REGARDING A SUCCESSOR TO THE JULY 1, 2003 — JUNE 30, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN THE PARTIES Representatives of the City of El Segundo and the El Segundo Police Managers' Association have met and conferred in good faith regarding negotiation of a successor to the July 1, 2003 — June 2, 2008 Memorandum of Understanding between the parties. The meet and confer process has resulted in agreement by the parties that the July 1, 2003 — June 30, 2008 Memorandum of Understanding shall be succeeded by a Memorandum of Understanding providing for the following changes in wages, hours and terms and conditions of employment: Term — July 1, 2008 through September 30, 2011 2. In year one of the MOU the City and the Association agree to: A. A 4% salary increase for police lieutenants, effective and retroactive to July 5, 2008. B. A 4% salary increase for police captains, effective and retroactive to July 5, 2008. C. In order to address salary compaction issues between the affected members of each classification, as well as between affected members and bargaining unit classifications, establish a 5% compensation differential between supervisors and subordinates. Salary Compaction Pay Adjustments will be effective and retroactive to October 1, 2008 as follows: a. A 4% salary increase for police lieutenants b. A 9% salary increase for police captains D. Inclusion of an MOU Statement of Intent regarding addressing future compaction. E. Compensation described in Article 3.01 (8% for a Master's Degree) shall be converted to a flat dollar amount equivalent to the top step of the Police Lieutenant and Police Captain salary range as follows: a. Police lieutenants: $864.44. b. Police captains: $978.03. F. Inclusion of the City of El Segundo Substance Abuse Policy and Drug - Free Workplace Statement. 0511" 291684.1 EL140 -001 G. Inclusion of the City's updated language regarding Jury Service, providing for two weeks of paid Jury Service, and a variety of new administrative procedures. H. Inclusion of the City's proposed POBR Limited Appeals Process. I. Provision that the maximum future City contribution for medical insurance, for both active employees and retirees, shall be $1800 per month. J. Affected employees will receive their total hourly rate of pay for meeting firearms qualification standards. Such pay shall be included within the term of "compensation earnable" for retirement purposes. K. Affected employees will receive their total hourly rate of pay for meeting physical fitness standards. Such pay shall be included within the term of "compensation earnable" for retirement purposes. L. An increase in Executive Leave Days for affected employees from five days to seven days per year. M. An increase in the maximum number of Vacation Days, following completion of 14 years service, from 22 days to 25 days per year. N. Upon death of an affected employee, earned, but not yet distributed compensation for firearms qualification, physical fitness achievement, compensatory time, sick time and vacation time shall be distributed to the employee's beneficiary. O. Implementation of Government Code Section 21548 Pre - Retirement, Optional settlement Two Death Benefit. P. Affected employee shall be eligible to receive a "heart scan" at City expense. Eligibility for the "heart scan" shall be determined by the examining physician at the Westchester Medical Group /Center for Heart and Health during the employee's required annual Fitness for Duty Exam. The physician shall determine whether or not undertaking a "heart scan" is reasonable and appropriate. Q. Martin Luther King Day (third Monday in January) will be added to the list of officially observed Holidays. R. Define term "total pay" and memorize in MOU. U-55 291684.1 EL140 -001 S. Modify the MOU to memorialize the City practice to pay the full monetary value of the employer -paid member contributions (EPMC) paid to Ca1PERS and report such contribution as an item of special compensation on behalf of all members of the Association. The value of EPMC shall be calculated on all "compensation earnable" excluding the special compensation of the monetary value of the EPMC paid to Ca1PERS by the employer under California Government Section 20636(c)(4). T. Modify Sections 13.03 and 13.04 to increase annual sick leave payout to 75 %. U. Modify Sections 13.05, 13.06 and 13.07 to increase sick leave payout to 100 %. V. Modify the MOU to provide that employees with 20 or more years of City service who have reached the age 47 or older can cash out one -third of all accrued leave at the prevailing contract rate, up to the deferred compensation maximum "catch up" permitted by law, during the employee's last three years of employment. W. Deletion of Section 1.06 of the current MOU related to Association Hearing Costs Contribution. X. Deletion of Section 2.01(B) of the current MOU related Contingency Salary Increases. Y. Deletion of Section 19.03(B) of the current MOU related to Flexible Pay Benefit. Z. Deletion of Section 19.05 of current MOU, "City Medical Contribution ", and an increase in "additional pay" from $800 per month to $1200 per month. AA. Parties agree to work jointly to amend the Memorandum of Understanding to contain all rules, regulations, policies and procedures currently in effect that relate to wages, hours, benefits and working conditions. 3. In year two of the agreement the City and the Association agree to: A. An increase in compensation reportable to Ca1PERS equivalent to that received by the El Segundo Police Officers Association, effective October 1, 2009. O5f� 291684.1 EL140 -001 B. An increase in "additional pay" reportable to Ca1PERS equivalent to that received by Management - Confidential Series employees, effective October 1, 2009. 4. In year three of the agreement the City and the Association agree to: A. An increase in compensation reportable to CaIPERS equivalent to that received by the El Segundo Police Officers Association, effective October 1, 2010. B. An increase in "additional pay" reportable to CaIPERS equivalent to that received by Management - Confidential Series employees, effective October 1, 2010. The parties are desirous of and in agreement that, the City Council promptly be presented with an opportunity to consider and adopt a Resolution authorizing inclusion of the above changes in wages, hours and terms and conditions of employment, into a comprehensive Memorandum of Understanding for the term July 1, 2008 through September 30, 2011. Upon City Council consideration and adoption of the above changes in wages, hours and terms and condition of employment, the parties shall prepare a Comprehensive Memorandum of Understanding memorializing the City Council determination. Pending execution of such a Comprehensive Memorandum of Understanding, it is the agreement and intent of the parties that upon City Council consideration and adoption of the above changes in wages, hours and terms and conditions of employment, said changes shall become effective on the date(s) specified by the City Council, regardless of the parties not having yet entered into a Comprehensive Memorandum of Understanding. IT IS AGREED Max Phil President' El Segundo Poli anagers' Association Dec. (00 2006 Date Date ?iEvan`s ��—Tre urer El Segundo Police Managers' Association !>&C. 10 4 'Z D L'S Date ayt — EtKegundo City Manager ,�� -- Qr Robert Hyland — Directo an Resources Date 291684.1 EL140 -001 057