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Home My WebLink AboutAGENDA REPORT 2001 0321 CC REG ITEM 11GTO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM I I • CIO of Acs Deborah S. Traffenstedt, ATCM /City Clerk G✓� March 9, 2001 (CC Meeting of 3/21/01) SUBJECT: Consider Amendment to Five -Year Memorandum of Agreement (MOA) with Service Employees International Union AFL -CIO, CLC Local 998 Pertaining to adding a Cesar Chavez Holiday BACKGROUND On July 7, 1999, the City Council approved a five -year Memorandum of Agreement (MOA) ending June 30, 2004, with Service Employees International Union AFL -CIO, CLC Local 998. An Addendum to that MOA was authorized by the City Council on April 5, 2000, to incorporate retirement benefit and corresponding salary amendment language. A Second Addendum was authorized on May 17, 2000, to approve time off with pay on July 3, 2000. DISCUSSION A Third Addendum is now proposed (see attachment) to add a Cesar Chavez holiday as proposed at the September 20, 2000, Council meeting. The attached Third Addendum to the MOA incorporates revisions to Section 1101 (Paid Assigned Holidays), Section 1102 (Work on Holidays) , and Section 1103 (Holiday Policy for Regular Part -Time Employees) of the MOA. For State employees, March 31 is the designated holiday, with the following exceptions: If March 31 falls on a Sunday, the following Monday is the holiday; when March 31 falls on a Saturday, a state employee shall, regardless of whether he /she works on the holiday, only accrue an additional eight hours of personal holiday credit per fiscal year for the holiday. Staff is proposing a variation from the State Government Code language for State employees to maintain either a Monday or Friday holiday for City employees as follows: If March 31 falls on a Sunday, Monday, Tuesday, or Wednesday, then the holiday will be observed on Monday of that same week; if March 31 falls on Thursday, Friday, or Saturday, the holiday will be observed on Friday of that same week. Honorable City Council March 9, 2001 Page 2 Staff is requesting that the City Council approve the Third Addendum to the MOA and authorize the City Manager to sign the amendment, with the final language to be approved by the City Manager. STAFF RECOMMENDATION Authorize the City Manager to approve the Third Addendum to the MOA to add a Cesar Chavez holiday, with the final language of the Addendum to be approved by the City Manager. Attachment: Draft Third Addendum to MOA THIRD ADDENDUM TO JULY 1999 MEMORANDUM OF AGREEMENT BETWEEN SERVICE EMPLOYEES INTERNATIONAL UNION AFL -CIO, CLC, LOCAL 998, AND CITY OF MOORPARK THIS THIRD ADDENDUM, made and entered into this day of 2001, by and between Service Employees International Union AFL -CIO, CLC, Local 998 ( "Local 998 ") and the City of Moorpark ( "City "), a Municipal corporation, located in the County of Ventura, State of California, which is entered into with reference to the following recitals. RECITALS WHEREAS, Local 998 entered into a Memorandum of Agreement ( "MOA ") with the City, effective from date of ratification by both the employees and the City Council in July 1999 up to and including Midnight, June 30, 2004; and WHEREAS, on April 5, 2000, the City Council authorized the City Manager to approve an amendment to the MOA to incorporate language adding a 2% at age 55 retirement benefit, revising the salary adjustments for Fiscal Year 2000 -2001 and 2001 -2002, and adding language pertaining to a revision of Section 4.6 of the Personnel Rules; and WHEREAS, on May 17, 2000, the City Council authorized the City Manager to approve a second amendment to the MOA to incorporate revisions to Section 1101, Paid Assigned Holidays, Section 1102, Work on Holidays, and Section 1103, Holiday Policy for Regular Part -time Employees; and WHEREAS, on March 21, 2001, the City Council authorized the City Manager to approve a third amendment to the MOA to incorporate revisions to Section 1101 (Paid Assigned Holidays) , Section 1102 (Work on Holidays), and Section 1103 (Holiday Policy for Regular Part -Time Employees) , to add a March 31 holiday, consistent with Attachment 1 to this Third Addendum. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, BENEFITS AND PREMISES CONTAINED HEREIN, THE PARTIES AGREE TO THE FOLLOWING REVISIONS TO THE MOA: The MOA between Local 998 and the City shall be amended consistent with Attachment 1 to this Third Addendum, which Third Addendum to MOA between Local 998 and City of Moorpark Page 2 attachment shows with legislative format (left margin line and underlining) the language added to the MOA. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to the MOA between Local 998 and the City to be executed the day and year first above written. ON BEHALF OF THE CITY: Steven Kueny, City Manager ATTEST: Deborah S. Traffenstedt City Clerk ON BEHALF OF LOCAL 998: Robert Vodka, Chief Spokesperson Barry Hammitt, Executive Director John Casillas, President Moorpark Chapter Local 998 Teresa Jones, Local 998 Unit Representative Mario Riley, Local 998 Elected Negotiator Attachment 1: Revisions to MOA shown with legislative format (new language identified by left margin line and underlining) Third Addendum to MOA between Local 998 and City of Moorpark Page 3 ATTACHMENT 1 Sec. 1101 PAID ASSIGNED HOLIDAYS: 1. New Year's Day, January 1; 2. Martin Luther King's Birthday, the third Monday in January; 3. Washington's Birthday celebration, the third Monday in February; 4. Cesar Chavez day, March 31, as follows: a) If March 31 falls on a Sunday Tuesday, or Wednesday, then the holida 45. Fr7 . -78. $9. observed on Monday; b) If March 31 falls on a Thursday, Saturday, then the holiday will be Friday. Memorial Day, the last Monday in May; July 4; Monday, will be Friday, or observed on Labor Day, the first Monday in September; Veteran's Day; Thanksgiving Day, the fourth Thursday in November; 410. The day after Thanksgiving; 141. Christmas Day, December 25; 112. Christmas Eve (December 24) as follows: a) Four hours if this date falls on Tuesday, Wednesday, Thursday or Friday; b) Eight hours if this date falls on Monday; c) No hours if this date falls on Saturday or Sunday. 1-;13. And every day appointed by the President of the United States or Governor of this State for public feast, Thanksgiving or holiday, when specifically authorized by the City Council. Except numbers 11-2. or 1--3 . , above, if a paid assigned holiday falls on a Saturday, the preceding Friday shall be the holiday in lieu of the day observed. Except numbers 14=2. or 1�3., above, if a paid assigned holiday falls on a Sunday, the following Monday shall be the holiday in lieu of the day observed. For those employees regularly scheduled to work Saturday and /or Sunday, the paid assigned holiday shall be the day on which the holiday actually occurs. Third Addendum to MOA between Local 998 and City of Moorpark Page 4 July 3, 2000 will be a paid holiday for regular full - time and part -time staff, subject to the revised holiday pay language in Sections 1102 and 1103. Sec. 1102 WORK ON HOLIDAYS: Full -time employees who are required to work on a paid assigned holiday shall, in addition to receiving straight time, not to exceed eight (8) hours per holiday, be paid in cash at one and one -half their then regular rate of pay for hours actually worked, up to eight (8) hours, not to exceed eight (8) hours per holiday. Any time worked in excess of eight (8) hours on a paid assigned holiday shall be paid in cash at two and one -half (2 1�) times their then regular rate of pay. Any full -time employee, whose regularly scheduled day off falls on a paid assigned holiday and who is not required to work on said holiday, shall be credited with eight (8) vacation leave hours for each such holiday. Full -time employees required to work on July 3, 2000, shall receive straight -time pay, not to exceed eight (8) hours, and shall also be credited with one hour of vacation leave for each hour worked on July 3, 2000, not to exceed eight (8) hours. Full -time employees required to work on the Cesar Chavez holiday shall receive straight -time pay, not to exceed eight (8) hours, and shall also be credited with one hour of vacation leave for each hour worked on Cesar Chavez day, not to exceed eight (8) hours. Any hours worked in excess of eight (8) hours on the Cesar Chavez holiday shall be paid in cash at two and one -half (2 times the employee's regular rate of MOW Sec. 1103 HOLIDAY POLICY FOR REGULAR PART -TIME EMPLOYEES: Employees whose regular schedule is less than full time shall receive holiday credit as set forth in the article on a pro rata basis, receiving pay or vacation based on their scheduled hours or their worked hours in the pay period in which the holiday falls, whichever is greater. Regular part -time employees required to work on July 3, 2000, shall receive straight -time pay for hours worked, not to exceed eight (8) hours, and shall Third Addendum to MOA between Local 998 and City of Moorpark Page 5 receive pro -rated vacation leave as credit for the holiday. _ Regular part -time employees required to work on the Cesar Chavez holiday shall receive straight -time pay for hours worked and shall receive pro -rated vacation leave as credit for the holiday, consistent with applicable provisions in the Personnel Rules.