CC RESOLUTION 5039 RESOLUTION NO. 5039
A RESOLUTION UNILATERALLY IMPLEMENTING TERMS AND
CONDITIONS OF THE CITY OF EL SEGUNDO'S ONE (1) YEAR LAST,
BEST AND FINAL OFFER TO THE EL SEGUNDO CITY EMPLOYEEES
ASSOCIATION
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: Recitals:
A. The Memorandum of Understanding between the City of El Segundo and
the El Segundo City Employees Association expired on September 30,
2014;
B. In accordance with the Meyers-Milias-Brown Act governing labor-
management relationships in California local governments, the parties
have met and conferred in good faith beginning on August 24, 2014;
C. The City, after eleven (11) meet and confer sessions, presented its Last,
Best and Final Offer on December 9, 2015;
D. The Last, Best and Final Offer contained a three (3) year offer and a one
(1) year offer;
E. The Last, Best and Final Offer was rejected by the El Segundo City
Employees Association;
F. Mediation was conducted on March 14, 2016, March 28, 2016, and April
12, 2016;
G. Fact Finding was conducted on June 21, 2016;
H. The Advisory Fact Finding Repot was issued on November 5, 2016;
I. The City Council has final and binding determination on all issues at
impasse; and
J. The City Council has determined that it is appropriate to implement the
City's last, best and final offer for a one-year term.
SECTION 2: Adoption. The City Council adopts the terms and conditions of
employment for the El Segundo City Employees Association, attached as Exhibit A to
this resolution and incorporated herein by this reference.
SECTION 3: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions; and make a minute of the
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adoption of the Resolution in the City Council's records and minutes of this meeting.
SECTION 4: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
PASSED, APPROVED AND ADOPTED RESOLUTION No. 5039 this 9th day of May,
2017.
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t-uzarwe Fuentes, Mayor
ATTEST,
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Tracy '"�N, . �, - ,
APPROVED AS TO FORM:
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Mark D. Hensl ;_)�ity Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, 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. 5039 was duly passed, approved and adopted by said City Council at a
special meeting held on the 9th day of May, 2017, approved and signed by the Mayor,
and attested to by the City Clerk, by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Boyles, Council Member Dugan, and
Council Member Pirsztuk
NOES: Council Member Brann
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 44 day of May,
2017.
Tray � r,...City Cler
of he City of El Segundo,
California
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EXHIBIT"A"
TERMS AND CONDITIONS OF THE CITY OF EL SEGUNDO'S ONE (1)
YEAR LAST, BEST, AND FINAL OFFER TO THE EL SEGUNDO CITY
EMPLOYEES ASSOCIATION.
1. Clarify approval procedures for release time and membership meeting attendance as
follows:
Upon timely request and for suitable reasons, the City Manager or designee may
authorize release of the Association President or his/her authorized representative from
normal duties to assist in personnel matters involving Association members and for
which union representation is allowable by law. The Association President or his/her
authorized representative shall inform their immediate supervisor, with as much advance
notice as possible, of approval to engage in such matters during work hours to ensure
minimal operational impact.
2. Overtime Calculation.
An employee who is required to work more than forty(40) hours during any given work
week shall be compensated at the rate of one and one-half times his/her regular rate of
pay.
Any paid leave time taken shall not count as hours worked for purposes of time and one-
half overtime (Paid Leave Exclusions)
The City does not pay the employee's seven percent (7%) PERS member contribution
and consequently the employer paid member contribution of seven (7%) does not apply
to this bargaining unit and is not to be calculated as part of the regular rate of pay nor
shall it be applied to any leave payouts.
Rate of pay for all leave payouts (Sick, Vacation, Termination) shall be at base salary
hourly rate of pay and 7% EMPC shall not apply.
Regular Rate of Pay is defined in 29 CFR 778.108 et seq. The definition used in this
Resolution is for general reference and does not override the specific definitions set forth
in the Fair Labor Standards Act (FLSA). Therefore, as used in this Resolution, the
"regular rate of pay" is the total inclusive compensation paid to or on behalf of the
employee except gifts, travel expenses, other reimbursable expenses, payments not
mandated by the former MOU or other rules/regulations, retirement and insurance
contributions by the City, overtime and holiday pay. These are examples only and not
intended to be an all-inclusive definition of the "regular rate of pay." Applicable
statutes/case law shall prevail over any definitions inconsistent with statutes/case law.
3. The Settlement Agreement and Side Letter dated September 17, 2013 between the City of
El Segundo and the El Segundo City Employees Association is incorporated as a term
and condition of employment.
4. Family Emergency Care Sick Leave Utilization to be updated as follows to reflect "Kin
Care" and AB 1522, Paid Sick Leave Law:
The City shall comply with the Federal and State regulations of the Family and Medical
Leave Act, California Family Rights Act, Healthy Workplaces, Healthy Families Act of
2014 ("Paid Sick Leave Law" -AB 1522) and other applicable family leave laws.
Affeetcd employees shall be entitled to utilize accumulated sick leave for providing
t"amlly medical necessity-rclated care. Depending upon the applicable leave law, "family
rnenriber" may be defined as iticluding but not, limited to children, parents, (of employee,
spouse, or registered domestic partner),, spouse, registered domestic partner, siblings,
grandchildren, or grandparents.
Utilization of said sick leave shall be contingent upon the employee making application
for sick leave use in accordance with the City's policies and providing the required
documentation evidencing that the sick leave is to be distributed because of a family
member receiving medical attention by any type of health care provider.
5. The City's contribution for medical insurance will be as follows:
a. $1115.67 for full-time members and $557.84 for permanent part-time members.
Contribution will be used for medical premiums only; $9.52 EAP will not be
deducted. City will provide mental health benefit at a basic level and at City cost.
Enrollment in EAP Outpatient Tier is voluntary. Replaces former MOU Article
2.06 (C) in its entirety.
b. Eliminate language in former MOU Article 2.06 reflecting maximum future
health contribution.
6. Three percent (3%) base salary increase and employees pay full seven percent (7%)
PERS Members Share.
a. The City's one-year Last, Best and Final Offer presented on December 7, 2015
stated in part:
"6. Year 2 — 3% base salary increase and employees pay full 7% PERS Member
Share (EPMC= 0%).
The reference to Year 2 is a typographical error; it should read "Year 1". The
City recognizes that it can only implement a one (1) year offer. Pursuant to
Government Code Section 3505.7, the unilateral implementation of a one year
offer does "not deprive a recognized employee organization of the right each year
to meet and confer..."
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b. The retroactive calculation of the 7% EMPC owed far exceeds the value of the
3% salary increase. Rather than retroactively recapture this overage, the 3%
salary incretXSe and the 7% EPMC contribution will be implemented on a "going
forward" basis, starting wi th the pay period beginning May 13, 2017.
7. Permanent part-time employees shall accrue 48 hours sick leave per year; 1.85 hours per
pay period.
8. Step Advancement, Class Series Classifications — Modify former MOU language to
reflect "incumbent must meet minimum requirements posted on class specification, in
addition to listed criteria, to be eligible for advancement to Level II."
9. Floating Holidays, delete former MOU Article 2.16 4(b)related to obsolete 2011 holiday
schedule one-time event.
10. Memorialize current vacation practice that permanent part-time employees receive
vacation accrual at 50% of the established full-time vacation schedule.
IL. Eliminate Educational Incentive Pay for future employees hired on or after May 10,
2017. Remove October 15, 2000 Bachelor Degree award cutoff date in former MOU
Article 2.25.
12. Memorialize current longevity practice that permanent part-time employees receive
longevity pay at 50% equivalent to the longevity pay amounts applicable to permanent
full-time employees. Eliminate longevity pay for future employees hired on or on after
May 10, 2017. '
13. Add Facilities Systems Mechanic classification to list eligible to receive-$50.00 monthly
stipend for possessing a Class `B" license and subject to Department of Transportation
(DOT)requirements.
Revise Facilities Systems Mechanic Class Specification to reflect Class `B" license
requirement.
14. Work schedule will change to 9/80 work week with every other Friday dark/closed.
15. Termination pay shall be made at the base salary hourly rate and 7% EPMC shall not be
calculated into the payout rate.
16. "No Layoffs" language to be removed from former MOU Article 3.21.
17. OTHER:
a. Institute a voluntary rotation program in the Public Works Department for certain
classes.
b. Police Cadet classification removed from unit
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c. The currently vacant Network Assistant classification will be upgraded to
Information Systems Specialist and removed from CEA bargaining unit and
placed in the Supervisory and Professional Employees Bargaining Unit.
18. CLEAN UP LANGUAGE:
a. Remove Cost of Living Adjustment, former MOU Article 2.01
b. Remove Wellness Program, former MOU Article 2.05
c. Add PEPRA Retirement language, former MOU Article 2.07
(b) Tier II — The City has amended its contract with the California Public
Employees' Retirement System (Ca]PERS) to implement the 2%@60
ret.irenient formula in accordance with Government Code Section 21353.
This formula applies to all employees hired on or after December 30, 2012
who are already members of Ca1PERS.
Tier I and Tier II participants will have their final compensation based upon
the "single highest year"pursuant to Government Code Section 20042.
(c) Tier III — Members of this bargaining unit who are first employed by the
City on or after January J, 2013, and are "new employees" and/or "new
members" as (:lefuied by AB 3401 (Public Employees Pension Reform Act)
shall be provided witli the 2%@62 retirement formula. Members shall be
subject to all other statutory requirements established by A13340, which
includes paying 50% of the normal cost as determined by CalPERS.
Members' final cumpensation slial.l be based on the highest annual average
compensation carnablc (iuring the 36 consccr,tive montlis i1nnnediatcly
preceding t.11e effective date of reti,rcu'iemit, or some other 36 consecutive,
month period designated by the member.
d. Correct Sick leave reference to "one-half' to correctly reflect 100% payment of
over-accrual, fonner MOU Article 2.10(3)
e. Update to reflect current benefit is in place for Health Care and Dependent Care
Spending Accounts,former MOU Article 2.11
f. Move former MOU Article 2.14, Minimum Service with City of El Segundo to
Receive Pay for a Designated Percentage of Accumulated Sick Leave to former
MOU Article 2.10, Sick Leave
g. Convert Vacation days to hours accrued each pay period, former MOU Article
2.18 to meet EDEN system setup structure.
h. Revise Vacation Time Accumulation and Sale language to reflect approval by the
City Manager or"designee", former MOU Article 2.19
19. Effective Dates.
As set t orth in paragnapla 6(b) alcove, (lie value of retroactive monies an employee
owes fay- exceeds the value of new monies owed by the City. To calculate these
inil osed tari s out a two an(] half(2 V) year retroactive basis would be incredibly time
consuming. Rather than retroactively recapturing these overages, all issues set forth
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above will be implemented on a "going forward" basis, starting with the pay period
beginning May 13, 2017.
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