CONTRACT 3759A - PERM Amendment CLOSED/S
02/24/10
AMENDMENT TO OCTOBER 1, 2007 — SEPTEMBER 30, 2010
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF EL SEGUNDO
AND
THE CALIFORNIA TEAMSTERS, PUBLIC, PROFESSIONAL AND MEDICAL
EMPLOYEES UNION, LOCAL 911 (POLICE SUPPORT SERVICES EMPLOYEES
BARGAINING UNIT)
Representatives of the City of El Segundo ( "City ") and the California Teamsters, Public,
Professional and Medical Employees Union, Local 911 (Police Support Services
Employees Bargaining Unit) ( "Union ") have met and conferred in good faith regarding
the impact upon bargaining unit members of the City's exercise of its management
discretion/fundamental management right, to enter into an AGREEMENT FOR
EMERGENCY POLICE AND FIRE DISPATCH SERVICES with the South Bay
Regional Public Communications Authority ( "Authority ".)
The impact - related meet and confer process has addressed both terms and conditions of
employment that present City employees shall be subject to upon acceptance of full time
employment with the Authority, and the manner in which the City and the Union shall
resolve internal, City -Union employment issues that shall arise between the City and the
Union upon acceptance by specified bargaining unit members of full time employment
with the Authority.
NOW THEREFORE, representatives of the City and the Union agree to the following
AMENDMENTS to the October 1, 2007 through September 30, 2010 MOU between
representatives of the City and the Union. This AMENDMENT shall be effective only if
the City and the Authority execute and implement an AGREEMENT FOR
EMERGENCY POLICE AND FIRE DISPATCH SERVICES. The parties understand
and acknowledge that neither the City nor the Authority is required to enter into such an
Agreement.
The City and Union AGREEMENT is as follows:
MOU Article 1.04 Recognition shall be modified to reflect elimination of
the bargaining unit classifications (MOU Appendix A) of
Communications Dispatcher I /II and Supervising Dispatcher.
2. All 2007 -2010 MOU provisions inconsistent with the modification to
MOU Article 1.04, shall be superseded by the provisions of this
Amendment.
3. MOU Article 2.09 Computer Purchase Program shall be modified as to
Communications Dispatcher I/II and Supervising Dispatcher unit members
389861.2 EL140 -038 Page 1 of 3
A
to provide that any outstanding computer loan amounts shall be fully
repaid to the City not later than the last day of City employment by any
Dispatcher I /II and/or Supervising Dispatcher.
4. MOU Article 2.10 Sick Leave shall be modified as to Dispatcher UII and
Supervising Dispatcher as follows:
a. The City shall waive the minimum five (5) service requirement
which is a condition precedent to sick leave payment upon
separation, but only as to Dispatcher UII and Supervising
Dispatcher who accept and commence employment with the
Authority.
Those Dispatcher I /II and Supervising Dispatcher who accept and
commence employment with the Authority shall be paid for 75%
of their unused sick leave accrued as of the date of commencing
employment with the Authority.
Any Dispatcher I /II and Supervising Dispatcher not accepting and
commencing employment with the Authority, shall receive the
MOU- mandated 50% distribution of unused sick leave, subject to
the condition precedent of a minimum of five (5) years of City
service.
5. MOU Article 3.03 Education Reimbursement shall be modified to indicate
that no Dispatcher I /II or Supervising Dispatcher shall be required to
reimburse the City for education/tuition monies paid by the City pursuant
to MOU Article 3.03.
6. Transfer Compensation. Upon acceptance and commencement of
employment with the Authority, Dispatcher UII and Supervising
Dispatcher shall be provided a $1,500 gross amount, which shall be
subject to all required withholdings.
Upon completion of six (6) months of employment with the Authority,
each Dispatcher I /II and Supervising Dispatcher so employed by the
Authority shall be provided an additional $1,500 gross stipend which shall
also be subject to all required withholdings.
Eligibility for receipt of the "transfer compensation," shall be contingent
upon each affected City employee entering into the SEPARATION
AGREEMENT, attached hereto as Exhibit 2.
7. AGREEMENT TO AUTHORITY- PROVIDED TERMS AND
CONDITIONS OF EMPLOYMENT APPLICABLE TO DISPATCHER
UII AND SUPERVISING DISPATCHER PERSONNEL ACCEPTING
AUTHORITY EMPLOYMENT. Attached to this AMENDMENT TO
389861,2 EL140 -038 Page 2 of 3
3 59Aw,.1
MOU as Exhibit 1 are those employment provisions which shall be
included in the AGREEMENT FOR EMERGENCY POLICE AND FIRE
DISPATCH SERVICES, which may be entered into between
representatives of the City and the Authority. The Union acknowledges
that the City has met and conferred in good faith regarding those terms
and conditions of employment provided for in Exhibit 1, and which impact
the Dispatcher UII and Supervising Dispatcher classifications, and agrees
to Authority implementation of said terms and conditions of employment
which shall he in addition to the terms and conditions of employment set
forth in the MEMORANDUM OF UNDERSTANDING BETWEEN
SOUTH BAYREGIONAL PUBLIC COMMUNICATIONS
AUTHORITYAND THE CALIFORNIA TEAMSTERS PUBLIC,
PROFESSIONAL AND MEDICAL EMPLOYEES UNIONLOCAL 911
(JULY], 2008 -JUNE 30, 2011.)
IT IS AGREED:
FOR THE UNION
Chester Mordasini, Teamsters'
Business Representative
Date
389861.2 ELI 40-039 Page 3 of 3
f • f
�t
Amended March 10, 2010
Exhibit 1
AGREEMENT FOR CONSOLIDATION OF PERSONNEL BETWEEN
REPRESENTATIVES OF THE CITY OF EL SEGUNDO AND THE SOUTH BAY
REGIONAL PUBLIC COMMUNICATIONS AUTHORITY
The City of El Segundo ( "City ") and the South Bay Regional Public
Communications Authority ( "Authority ") are presently in negotiations regarding an
agreement for provision by the Authority of emergency police and fire dispatch services
for the City of El Segundo. Representatives of the City have been meeting both with the
Authority and with Teamsters Union Local 911, which represents the City of El Segundo
unit consisting of the dispatch personnel that would be consolidated into the Authority
should the agreement for services be implemented.
As a result of the meetings that have occurred regarding employment matters, the
City and Authority agree that if the parties enter into an Agreement for provision of
dispatch services, that Agreement shall include the following under the caption of:
Consolidation of Personnel:
Seniority — The ten (10) most senior City employees shall be credited with
Authority seniority equivalent to the seniority held by the City employee
at the time of employment by the Authority.
All remaining City employees hired by the Authority shall have Authority
seniority equivalent to the actual time of employment with the Authority
only. However, upon separation of one of the ten (10) more senior City
employees, one affected City employee shall have his/her seniority with
the Authority increased to represent the time of service with City, as well
as the time of service with the Authority. This process shall be repeated if
a second more senior City employee separates from the Authority.
Former City employee seniority as defined in this section, shall be utilized
to determine City employee eligibility for any and all benefits set forth in
the MOU between the Authority and Teamsters Local 911, where
eligibility is contingent upon "seniority" and /or "years of service with the
Authority."
2. Compensation — At the time of employment by the Authority, former City
employees shall be compensated as indicated in Exhibit A. To the extent
if any that the "longevity pay" amount designated in Exhibit A is
increased over that designated in Exhibit A as a result of increased
longevity eligibility being provided to a City employee prior to the actual
date of employment with the Authority, that increased amount shall be
utilized in determining the increased Authority compensation for any
particular employee designated in Exhibit A. Further, any City - provided
Page 1 of 3
394492.1 EL140 -038
step increases implemented during said timeframe, shall cause an increase
in the Exhibit A compensation level.
Uniforms — Concurrent with being hired by the Authority, each City
employee shall be provided four (4) complete sets of uniforms to be fully
funded by the Authority. However, any City employee separating from
Authority employment within one (1) year of being employed by the
Authority, shall reimburse the Authority for the full initial cost of the four
(4) provided uniforms. This provision shall not apply to any City
employee that separates employment as a result of disciplinary
proceedings.
4. Probation — The Authority maintains a fifteen (15) month probationary
testing period. All City employees who have completed probation shall be
deemed to have successfully completed the fifteen (15) month
probationary period required by the Authority. However, City employees
who have not yet completed City probation, shall be subject to the fifteen
(15) month Authority probationary period but shall be given probationary
testing credit for the number of complete months of service for the City.
For example, if a City employee has completed 3.5 months of
probationary service on behalf of the City, that employee shall be credited
with three (3) months of probationary service for the Authority, and shall
be subject to twelve (12) additional months of probationary service at the
Authority.
5. Background Check — The hiring of each affected City employee by the
Authority shall be subject to a condition precedent that each City
employee shall successfully pass an Authority background check
consisting of a pre - employment medical examination conducted by U.S.
Health Works and an Authority- mandated background examination which
shall be conducted in accordance with the POST Background
Investigation Manual: Guidelines for the Investigator (2009) and in
particular, the "Background Investigation Updates" provisions of the
Manual. In the course of conducting the background examination,
Authority background investigators shall be provided access to
examination of City- maintained personnel files in the name of each
affected City employee, but the City personnel files shall remain in the
custody of the City and shall not be released to Authority representatives.
Authority representatives shall be authorized to read the City- maintained
personnel files and to make notations of file content for use in the
background process.
6. Vacation/Sick Leave Purchase/Vacation Scheduling — City employees
shall be authorized to purchase at each employee's option and expense, a
maximum of eighty (80) hours of Authority vacation credit and eighty
(80) hours of sick leave credit. Any such purchase shall be made not later
than thirty (30) calendar days prior to the employee's last day of City-
Page 2 of 3
394492.1 EL140 -038
employment. The "purchase price" of each hour of vacation and sick
leave, shall be equivalent to the City hourly rate of each participating City
employee on the employee's last day of City employment. This hourly
rate shall have no application to any term and condition of employment
other than for the purpose of valuing the purchase value of vacation and
sick leave hours in accord with this AGREEMENT, and is not indicative
of the "hourly rate" of City employees once employed by the Authority.
Any City employee providing written notice to the Authority on or before
March 31, 2010, that employment with the Authority will be accepted if
and when offered, shall be authorized to participate in the Authority
vacation bidding process that will be effective on and after July 1, 2010.
The vacation bidding participation is contingent on an Agreement for
dispatched services having been approved by the Authority and the City.
With the following singular exception, use of vacation time off shall be
governed by Authority rules and regulations. The singular exception is
that any City employee demonstrating that on or before February 1, 2010,
the employee has purchased non - refundable transportation tickets and /or
made non - refundable lodging arrangements, shall be authorized to use
vacation in connection with these pre- existing arrangements. If the
subject employee does not have sufficient purchased /earned vacation
credit with the Authority, the vacation shall be unpaid.
7. Employment of City Employees — City employees successfully
completing the above background /medical examinations, shall be offered
Authority employment.
IT IS AGREED:
PRallphhMailloux, ty:
xecutive Director
Date: 3118 9 //U
Page 3 of 3
394492.1 EL140 -038
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March 23, 2010
Exhibit 2
SEPARATION AGREEMENT
Employees who opt to separate from the City of El Segundo and accept
employment with the South Bay Regional Public Communications Authority ( "Authority "),
are being offered the following one -time payment subject to the terms of a Release and
Waiver Agreement:
• One -time Payment. Cash payment equal to three thousand dollars ($3,000), paid
in two installments of one thousand five hundred dollars ($1,500) each.
Receipt of this payment is subject to the terms set forth below.
RELEASE AND WAIVER AGREEMENT
This Release and Waiver Agreement ( "Agreement ") made this day
in the month of March, 2010, between ( "you" or "your ") and the City of El
Segundo, a municipal corporation ( "City ").
Section A: Consideration
In consideration for your release, waiver and promise set forth in this Agreement,
the City will:
1. Pay you a one -time payment equal to one thousand five hundred dollars ($1,500)
upon acceptance and commencement of employment with the Authority. The provisions of
the Agreement become effective upon commencement of employment with the Authority.
The total gross dollar amount of pay is one thousand five hundred dollars ($1,500), less
any deductions required by law.
(a) Employees opting to purchase vacation and /or sick leave in accordance
with the Agreement between the City and the Authority may request to have the cost of
such purchase deducted from the initial one thousand five hundred dollars ($1,500). This
purchase shall be coordinated by the City of El Segundo Finance Department.
(b) Employees opting to purchase vacation and /or sick leave in accordance
with the Agreement between the City and the Authority may request to have the cost of
such purchase deducted from their leave cash outs upon separation from the City of El
Segundo. This purchase shall be coordinated by the City of El Segundo Finance
Department.
2. Pay you a one -time payment equal to one thousand five hundred dollars ($1,500)
upon completion of six (6) months of employment with the Authority. The total gross dollar
amount of pay is one thousand five hundred dollars ($1,500), less any deductions required
by law.
Separation Release and Waiver Agreement
02 -2010, Rev. 3 -23 -2010
Separation Agreement
Page 2
Section B: Release and Covenant not to Sue
1. This Agreement will not in any way be construed as an admission by City, its
officers, agents, employees, insurers, representatives or attorneys that they
have acted wrongfully with respect to you or any other person, or that you
have any rights whatsoever against City or any of its current or former
officers, agents, employees, insurers, representatives or attorneys; and City
and its current and former officers, agents, employees, insurers,
representatives and attorneys specifically disclaim any liability to or for
wrongful acts against you or any other person, on the part of City, its officers,
agents, employees, insurers, representatives and attorneys.
2. Each party forever releases and discharges each and every other party, as
well as all direct or indirect successors, officers, officials, directors, heirs,
predecessors, assigns, agents, insurers, employees, attorneys and
representatives, and each of them, past and present, from any and all
causes of action, actions, judgments, liens, indebtedness, damages, losses,
claims, liabilities, and demands of whatsoever kind or character, known or
unknown, suspected to exist or not brought before any state or federal court
or before any state or federal agency or other governmental entity, and from
all claims arising from or related or attributable to your employment with the
City or termination, which shall include layoff from employment with the City,
and from any grievance or other dispute between the parties, whenever such
claims may have occurred.
3. You understand and agree that you are expressly waiving your rights
and, without limitation, to any and all claims whether based on tort,
contract, or any federal, state, common law or local law, statute or
regulation or based on a breach of public policy or based on or related
to the Age Discrimination in Employment Act (ADEA) (29 USC §§ 621-
634); Title VII, Civil Rights Act of 1964 (42 USC §§ 2000- 2000(e) 1 -17);
and the California Fair Employment and Housing Act (Government
Code §§ 12900 - 12996).
Employee's Initials:
4. Each party understands that this Agreement extends to all grievances,
disputes or claims of every nature and kind, known or unknown, suspected
or unsuspected, past, present or future, arising from or attributable to your
employment with the City or termination which includes any layoff therefrom.
5. Each party understands and expressly agrees that this Agreement also
extends to any other matter, event or claim occurring prior to the date of
execution of this Agreement. Each party further acknowledges that any and
all rights granted under Section 1542 of the California Civil Code, or any
other analogous federal or state law or regulation, are hereby expressly
waived. Said Section 1542 of the California Civil Code reads as follows:
2
Separation Agreement
Page 3
SECTION 1542. A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM MUST HAVE MATERIALLY AFFECTED
HIS SETTLEMENT WITH THE DEBTOR.
6. Each party understands and expressly agrees that this Agreement binds and
benefits his, her or its spouse, children, heirs, agents, attorneys,
representatives and assigns.
7. Each party acknowledges that he, she, or it has carefully read this
Agreement and has been advised fully of the legal and binding effect of its
terms. Each party acknowledges that the only promises made to induce her,
him, or it to sign this Agreement are those stated herein. Having been fully
advised and informed, each party voluntarily enters into this Agreement,
including the waiver of rights covered by this Agreement.
8. Each party covenants not to sue or initiate against any other party to this
Agreement or any person or entity described in this Agreement, any action or
proceedings or to participate in same, individually, or as a member of a
class, under any policy, contract, law or regulation, federal, state or local,
pertaining in any manner whatsoever to the subject of these disputes,
including, without limitation, your employment or termination which includes
layoff from employment with the City, any rights you may have under any
policy, or local, state or federal statute, law, or regulation.
9. You agree to dismiss with prejudice and withdraw from consideration by any
state, local or federal agency or court any grievance, claim, charge,
complaint, action, appeal, or notice which you may have filed or could file
complaining of or pertaining to the subject matter of these disputes.
10. You agree to waive any rights you have or may have under the Fair
Employment and Housing Act, Title VII of the Civil Rights Act, United States
or California Constitution as to matters covered by this Agreement, and
agree to refrain from filing any grievance, claim, charge, complaint, action,
appeal, or notice with the California Department of Fair Employment and
Housing, the Equal Employment Opportunity Commission, Department of
Labor, or any other state or federal or local agency relating to any alleged
employment discrimination and /or harassment claim covered by this
Agreement, or to his employment or termination with the City or the matters
released herein.
11. The parties hereby agree that this Agreement, including the covenant not to
sue contained herein, does not extend to acts, events or conditions that may
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arise in the future, i.e., subsequent to the last date this Agreement is
executed.
12. The payment will be paid provided that you have executed this Agreement
and upon expiration of the seven (7) day revocation period provided in
Section B.14 below.
13. You agree to your layoff effective the close of business on ,
2010. You relinquish any and all claims to employment with the City. You
also specifically waive any claim to alleged rights to a hearing to contest your
layoff, or the grounds for your layoff.
14. The following WAIVER OF RIGHTS OR CLAIMS provisions under this
section (a. through d.) shall apply only if you are a covered employee
under TITLE 29 U.S.C. CHAPTER 14, ENTITLED "AGE DISCRIMINATION
IN EMPLOYMENT"
a. You are advised that pursuant to Title 29 of the U.S. Code,
entitled AGE DISCRIMINATION IN EMPLOYMENT," 1) it shall be
unlawful for an employer to fail or refuse to hire or to discharge any
individual or otherwise discriminate against any individual with
respect to his /her compensation, terms, conditions, or privileges of
employment, because of such individual's age; 2) to limit, segregate,
or classify employees in any way which would deprive or tend to
deprive any individual of employment opportunities or otherwise
adversely affect his /her status as an employee, because of such
individual's age; or 3) to reduce the wage rate of any employee in
order to comply with said chapter.
b. You hereby acknowledge and agree that this Agreement
constitutes a knowing and voluntary waiver of any and all rights or
claims that exist or that you have or may claim to have under the
Age Discrimination in Employment Act (ADEA) for acts or omissions
up to the date you execute this Agreement.
C. You further acknowledge the following:
(1) the consideration under section A. of this Agreement is the sole
consideration you will receive from the City; (2) you have been and
are advised that you should consult an attorney regarding this
Agreement before executing it; (3) that you have 45 days from the
date this Agreement is presented to you, in which to consider this
Agreement and whether you will enter into it, although you may, in
the exercise of your own discretion, sign or reject it at any time
before the 45 day period expires; (4) to the extent that you take less
than 45 days to consider this Agreement before execution, you
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Page 5
acknowledge that you had sufficient time to consider this
Agreement with your legal counsel and that you expressly,
voluntarily and knowingly waive any additional time; (5) that, at any
time within 7 days after executing this Agreement, you may revoke
the Agreement; and (6) that this Agreement is not enforceable until
said seven -day revocation period has passed.
15. The parties agree to bear their own costs and attorneys' fees incurred in
connection with all matters resolved by this Agreement, whether or not
incurred as of the date of this Agreement.
16. You will indemnify and hold harmless City, or any of its current or former
officers, agents, employees, insurers, representatives, or attorneys and any
other individual or entity released by this Agreement from and against any
penalties, interest, taxes or additional liability of any kind whatsoever, which
may be imposed by any local, state, or federal authority by reason of the
payment of these funds.
17. This Agreement constitutes a single, integrated contract expressing the
entire agreement of the parties hereto. There are no other agreements,
written or oral, express or implied, between the parties hereto, concerning
the subject matter hereof, except the agreements set forth herein.
18. Each party and attorney for each party to this Agreement has reviewed this
Agreement and accordingly, the normal rule of construction to the effect that
any ambiguities are to be resolved against the drafting parties will not be
employed in any interpretation of this Agreement.
19. This Agreement may be executed in one or more counterparts, and each
such counterpart shall be deemed an original as to the party to be charged.
20. No waiver is binding unless in writing and signed by the party to be charged
or held bound.
21. Should any provision of this Agreement be declared or determined by any
court to be illegal or invalid, the validity of the remaining parts, terms or
provisions shall not be affected and said illegal or invalid part, term or
provisions is deemed not to be part of this Agreement.
22. All parties acknowledge that they are competent to sign this
Agreement, and that they do so voluntarily.
THE UNDERSIGNEDS HAVE READ THE FOREGOING AGREEMENT AND
FULLY UNDERSTAND IT:
Dated:
IN
Employee Signature
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Dated:
APPROVED AS TO FORM
MARK D. HENSLEY, City Attorney
Dated:
CITY OF EL SEGUNDO
Jack Wayt, City Manager
Karl H. Berger, Assistant City Attorney
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