HomeMy WebLinkAbout12/19/2001 - STAFF REPORTS (20) Date: December 19, 2001
To: City Council
From: City Manager
MEMORANDUM OF UNDERSTANDING—GENERAL UNIT
RECOMMENDATION:
It is recommended that City Council adopt a Resolution approving a Memorandum of
Understanding with the General Unit (CLOCEA) for an eighteen month period, January 1,
2002, through June 30, 2003, subject to the Unit's ratification and signing of the proposed
Memorandum of Understanding.
SUMMARY:
This action would result in an eighteen month contract with the General Unit employees
(CLOCEA), effective January 1, 2002 through June 30, 2003.
BACKGROUND:
Representatives of the General Unit (CLOCEA) have met and conferred in good faith with
the Municipal Employee Relations Representative (MERR) and have reached agreement
for the period January 1, 2002, through June 30, 2003, subject to the Unit's ratification and
signing of the proposed Memorandum of Understanding.
DAVID H. READY '
City Manager
ATTACHMENTS:
1. Resolution —Approving General Unit (CLOCEA) Memorandum of
Understanding, subject to Unit's ratification .
iyA
MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS
REPRESENTATIVE AND THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 700
REPRESENTING THE GENERAL UNIT
JANUARY 1, 2002 — JUNE 30, 2003
A. The Palm Springs chapter of the Service Employees International Union
Local 700 (hereinafter called "Union") is the recognized employee organization for members
it represents employed by the City within the General Unit (herein called "UNIT") as defined
in Resolution 16438 (Employer-Employee Relations Resolution), as amended by Resolution
17793,
B. The Palm Springs chapter of UNION and the Municipal Employee Relations
Representative (hereinafter called "MERR") have met and conferred in good faith on wages,
hours and other terms and conditions of employment for the employees represented by
UNION in the Unit and have reached agreements which are set forth in this Memorandum
of Understanding (hereinafter called "MOU").
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1. This MOU constitutes a joint recommendation by UNION and the MERR, to be
submitted to the City Council of the City of Palm Springs for its determination and
approval by one or more resolutions, as the City Council may deem fit and proper.
2. This MOU recommended to the City Council shall be for the period commencing
January 1, 2002 and terminating at midnight, June 30, 2003; provided, however, that
specific sections of this MOU may have later effective dates as specified herein.
3.1 CPI Increase
Effective June 23, 2002, Unit employees represented by UNION will be
granted a cost of living salary increase of no less than two percent (2%), nor
more than four percent (4%), based on the increase, if any, in the Consumer
Price Index for All Urban Consumers, Los Angeles-Riverside-Orange, CA for
the period April 2001 to April 2002.
3.2 Classification and Position Adjustments
Effective June 23, 2002, Unit classification and position salary adjustments
shall be made as set forth in Attachment"A" hereto.
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4.1 Health Insurance
Effective January 1, 2002, City and UNION agree to the following maximum
contributions by City and represented Unit employees towards the premiums
for health and hospitalization coverage as selected by UNION and approved
by the City Council as follows:
PPO PLAN
Employee Contribution City Contribution
Single Party $ 5.00 Single Party 1 $252.62
Two-Party $10.00 Two-Party $501.87
Family $30.00 Family $563.76
HMO PLAN
Employee Contribution City Contribution
Single Party $ -0- Single Party $134.27
Two-Party $ -0- Two-Party $279.29
Family $ -0- Family $418.67
In the event that the premium charges for the health or dental program
exceed the City's maximum rate of contribution by 15% annually, the amount
of excess shall be paid by the employee through a payroll deduction.
The City of Palm Springs agrees to add Domestic Partner Coverage to the
current health, dental, and vision coverages, in accordance with the City of
Palm Springs Ordinance No. 1578. In addition to the requirements of
Ordinance 1578, the enrollee must provide a copy of the Declaration of
Domestic Partnership, Statement of Financial Liability for Domestic Partner
Health Benefits and Affidavit of Eligibility for Economically Dependent
Children to the City. The City will use the same enrollment policies for
domestic partners as are currently used for traditional marriages.
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A. A represented Unit employee who attains age fifty (50) and leaves
active service as a Palm Springs employee after 20 years of
continuous service, the City shall reimburse the member for 75% of
the cost of two party "retirees" health premium being covered at the
time of retirement as follows:
For those members who are enrolled in Blue Shield HMO:
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In the event the employee becomes eligible for Medicare, the
employee must enroll in Medicare Part A & Part B to remain
eligible for this benefit. The City shall reimburse the member
for 75% of the actual cost of Medicare Part A and Part B
being charged to the member, as well as 75% of the cost of
the Blue Shield single party premium being charged for
dependent coverage.
For those members who are enrolled in Blue Shield PPO:
The City shall reimburse the member for 75% of the cost of
two party retirees health Premium being covered at the time
of retirement.
B. A represented Unit employee who attains age fifty (50) and leaves
active service as a Palm Springs employee after 25 years of
continuous service, the City shall reimburse the member for 100%
of the cost of two party "retirees" health premium being covered at
the time of retirement.
For those members who are enrolled in Blue Shield HMO:
In the event the employee becomes eligible for Medicare, the
employee must enroll in Medicare Part A & Part B to remain
eligible for this benefit. The City shall reimburse the member
for 100% of the actual cost of Medicare Part A and Part B
being charged to the member, as well as 100% of the cost of
the Blue Shield single party premium being charged for
dependent coverage.
For those members who are enrolled in Blue Shield PPO:
The City shall reimburse the member for 100% of the cost of
two party retirees health premium being covered at the time
of retirement.
4.1.1 Health Premium Charqes
In the event that the premium charges for the health program exceed
the City's maximum rate of contribution at any time during the term of
this Agreement, the amount of the excess shall be paid by the
employee through a payroll deduction.
4.1.2 Health Program Billings
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Blue Shield, through its broker, will provide billings and coverage
information to the City.
4.1.3 Chanqe In Provider
UNION agrees that the City may change health care providers from
Blue Shield to Blue Cross, without further meeting and conferring;
provided, however, that the deductible for emergency room services
and preventative care remain the same as is under the existing Blue
Shield plan.
4.2 Dental Coveraqe
For the term of this Agreement, City agrees to contribute up to the following
maximum amounts toward the premiums for dental insurance coverage as
follows:
DENTICARE DENTICARE
Employee Contribution City Contribution
Single Party -0- Single Party $12.96
Two-Party -0- Two-Party $22.43
Family -0- Family $29.40
METLIFE METLIFE
Employee Contribution City Contribution
Single Party -0- Single Party $28.34
Two-Party $5.20 Two-Party $55.10
Family $11.48 Family $83.36
UNION is agreeable to a change to Delta Dental as long as any dental
provider issues are satisfactorily addressed.
4.3 Vision Plan
City agrees to provide Unit employees a fully funded vision plan through any
carrier of its choice as long as the Plan provides annual eye examinations
and glasses every two years.
4.4 Retiree Health
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Employees in the Unit shall be permitted, at their expense, to participate in
the City-provided group health plans after retirement except as otherwise
provided in Paragraph 4.1 above.
4.5 Life Insurance
For the term of this Agreement, City agrees to provide term life insurance
coverage of Twenty Thousand Dollars ($20,000.00) for each represented
employee in the Unit.
4.6 Short Term Disabilitv
For the term of this Agreement, City agrees to continue Short Term Disability
insurance coverage at its current level.
4.7 Lonq Term Disabilitv
City agrees to continue Long Term Disability insurance coverage through any
carrier of its choice as long as coverage remains the same or greater without
further meet and confer required.
4.8 Retirement
4.8.1 Retirement Plan
The City has previously agreed to contract with PERS for the 2% @
55 Formula at no additional cost to the represented Unit employee.
The City agrees to contract as soon as practical with PERS for the
2.70% @ 55 Formula. Because the City's PERS account is
superfunded, the City is agreeing to provide the 2.70% @ 55 Formula
at no additional cost to the Unit employees. Both parties acknowledge
that should superfunding cease to exist, the parties will meet and
confer to discuss the cost of the retirement plan.
4.8.2 Employer-Paid Member Contributions
Pursuant to Government Code sections 20636 (c)(4), 20691 and
20692, City agrees as soon as practical to pay all of the normal PERS
contributions of Unit members represented by UNION and to report
the Employer-Paid Member Contributions ("EPMC") to PERS as
additional compensation for all members of Unit as soon as practicable
under the provisions and requirements of these statutes. City will
continue to make all PERS mandated Employer-Paid Employer
Contributions ("EPEC"), including any increase in such contributions
occasioned by the conversion.
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5.1 Standby Pay
Whenever a Unit employee is scheduled for standby duty on weekends
and/or holidays, such employee shall be paid for two (2) hours per day for
standby at the employee's regular hourly rate, not subject to overtime
premium.
5.2 Call Back Pay
A Unit employee called back to work shall be paid a minimum of two (2) hours
per incident, at one and one-half(1 1/2) times such employee's regular hourly
rate.
5.3 Travel Time
A Unit employee called back to work shall be paid for no more than one (1)
hour of travel time. Such employee shall be paid at one and one-half (1 1/2)
times such employee's regular hourly rate.
6.1 General Leave for Unit Employees
6.1.1 Definition
General leave is any approved absence with pay from regularly
scheduled work for any purpose. For employees in the Unit, general
leave shall substitute for either annual leave or sick leave as covered
under Personnel Rule 6 as amended herein.
6.1.2 Holidays While on General Leave
If a recognized holiday for which the employee is eligible falls within an
approved leave, the Unit employee shall be paid for that day as a
holiday and the accrual for general leave shall not be debited for that
day.
6.1.3 General Leave for Recalled (Re-emploved) and Reinstated Unit
Employees
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Notwithstanding other provisions of these rules, for general leave
purposes only, eligible recalled (re-employed) and reinstated Unit
employees shall receive service credit for the most recent leave
commencing with the effective date of such reinstatement or
reemployment at the current accrual rate applicable to the service
credit they received.
6.1.4 General Leave General Provisions
General leave must be approved by the department head. For
purposes of computing general leave usage regularly assigned days
off shall not be counted as "working days." General leave shall be paid
at the member's straight time hourly rate of pay in effect during the
leave program. Unit employees shall be eligible to use general leave
after the successful completion of the initial probationary period.
Dispatcher I and Dispatcher II incumbents shall be eligible to use
General Leave after the completion of 6 months.
6.1.5 Maximum Accrual and Minimum Use
General leave shall accrue to the credit of an eligible Unit employee up
to, but not to exceed, a maximum accrual of four hundred forty (440)
hours. City will expedite leave requests submitted by Unit employees
who are at maximum accrual. During each calendar year, each Unit
employee shall use at least forty (40) consecutive hours of General
Leave and shall make a request for said leave to the department head
in sufficient time to plan work schedules. Consequently, department
heads are responsible for planning work schedules to allow each Unit
employee to take at least forty (40) consecutive hours of General
Leave each calendar year. Approval of general leave shall not be
unreasonably withheld. Failure to use at least forty consecutive hours
of general leave shall result in City Manager review of the
circumstances surrounding such failure. Regular Unit employees who
work 20 hours or less per week shall use twenty (20) consecutive
hours of general leave as provided herein.
6.1.6 Notification of Supervisor
Each department head shall establish reasonable written requirements
for reporting an absence or tardiness. Those written requirements
must be approved by the Personnel Officer. In order to receive
compensation while absent on general leave, the employee must
comply with the official written notification requirements of that
department. City agrees to work towards standardization of the official
written notification requirements.
6.1.7 Accrual Rates
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General leave shall accrue and vest on the basis of the following
schedule:
HOURS ACCRUED
YEARS OF & VESTED FOR
SERVICE EACH FULL
MONTH WORKED
0 through 3 12
4 through 7 14
8 through 10 16
11 through 14 18
15 through 17 20
18 and over 20.67
6.1.8 General Leave Cash-In
Unit employees shall have the option of converting hours of accrued
and vested general leave into cash.
6.1.9 Disposition of Accrued and Vested Leave Upon Termination
6.1.9.1 General Leave
Upon termination, all unpaid accrued and vested general leave
will be paid at the employee's current salary rate. All unpaid
accrued and vested general leave of deceased employees
shall be paid to the estate of said deceased except as
otherwise provided by law.
6.1.9.2 Sick Leave
Regular employees who separate shall receive compensation
for one-fourth ("%) of any unused sick leave accrued and vested
to and including the date of November 30, 1973 (referred to as
old sick bank). The unused sick leave will be paid at the
employee's current salary rate. Should an employee use sick
leave so as to reduce the accrued total below that existing as of
November 30, 1973, then the said one-fourth compensation
shall be paid only with respect to the lowest amount of
accumulated sick leave which remained credited to such
employee's account at any time after November 30, 1973.
6.2 Compensatory Time Accumulation
Effective July 1, 2002, the maximum accumulation cap of forty (40) hours as
set forth in Rule 5.11.3 of the Palm Springs Personnel Rules shall be
increased to sixty (60) hours.
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Effective July 1, 1998, and for the term of this Agreement, City agrees to pay a
monthly tool allowance of One Hundred Twenty-Five Dollars ($125.00) per month to
Unit positions in the Fleet Operations Division and the Facilities Maintenance
Division.
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Effective January 1, 2002, and for the term of this Agreement, City agrees to pay a
monthly uniform allowance to each incumbent in the Unit job classifications listed
below, in the amounts indicated, as a reimbursement for expenses incurred for
acquisition and maintenance of uniforms as follows:
UNIFORM ALLOWANCE
As of 1/1/2002
Police Records Technician $85.00
Police Services Supervisor $85.00
Police Services Officer $85.00
Community Services Officer $85.00
Animal Control Officer $85.00
Assistant Animal Control Officer $85.00
Parking Control Officer $85.00
Community Preservation Officer $30.00
The City shall provide all Community Preservation Officers ("CPO") with ten (10)
polo style shirts which shall constitute the required uniform for CPO's during working
hours.
Provided this same rule is applicable to management employees, UNION agrees
that all employees in the Unit shall be prohibited from drinking alcoholic beverages at
any time during the workday, including breaks and lunch; provided, however, that
employees who are attending a conference out of town may have one alcoholic
beverage during the lunch hour.
HOOLTAM"nm 11 TOW 11-1
UNION and City agree that employees in the Unit shall receive mileage
reimbursement in accordance with existing City policy, at the prevailing IRS rate.
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No Unit employee shall receive more than $1,500/fiscal year through the Educational
Reimbursement Program.
11.1 Educational Incentive Pay for Master's Degree
Five percent (5%) Educational Incentive Pay for Master's Degree from an
accredited College or University.
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Effective upon signing of this Agreement, the City shall implement a bilingual pay
program under which Unit employees shall be entitled to premium pay of five percent
(5%) over their regular base salary for their services as bilingual employees. In order
to be eligible for such premium pay, an employee must pass an examination to be
developed and administered by the City demonstrating fluency in reading and
speaking the desired second language. The City Manager shall determine the
language needs, as well as the number of employees eligible.
Effective January 1, 2002, the City shall add sign language to the list of recognized
languages with one (1) position authorized, location to be at the City Manager's
discretion.
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13.1 ICBO Buildinq Inspector Certification
Building Inspectors with International Conference Building Officials ("IBCO")
Building Inspector Certification shall be paid an additional two and one half
percent (2.5%) in salary effective June 23, 2002.
13.2 Notaro
One Unit employee selected at the City Manager's discretion who is a
licensed notary shall be entitled to premium pay of an additional two and one
half percent (2.5%) over their regular base salary for their services effective
June 23, 2002.
All Unit employees working in the Police Department who were a uniform or receive
a uniform allowance cannot wear a beard. Wearing a beard shall subject these
employees to potential disciplinary action.
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The City shall provide safety shoes that meet the general industry standard ANSI
Z41-1991 to those positions previously designated by UNION as necessitating safety
footwear protection. Unit members are to wear these safety shoes at all times while
performing usual and customary duties and failure to do so shall subject employees
to potential disciplinary action.
16.1 Normal Work Week
The normal work week for fiall-time employees is forty (40) hours consisting of
five (5), eight (8) hour work days during the seven (7) day period starting
12:01 a.m. Sunday and ending 12:00 midnight of the following Saturday.
16.2 Alternate Work Schedules
The City currently provides alternate work schedules for various Unit
members and may increase, decrease and/or eliminate such schedules at the
discretion of the City Manager after the required meet and confer with
UNION.
16.3 No Guarantee of Hours
Nothing contained in this MOU shall be construed to constitute a guarantee of
hours of work per day or per work week or of days of work per work week.
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In the event that all units agree to a change in the pay periods during the term of this
Agreement, UNION agrees to said change, as long as there is no loss of pay due to
a changeover. UNION also agrees that should the City advance any pay, the said
amount of advance will be deducted from the employee's last paycheck.
Upon completion of upgrade to current financial system (P2K), UNION agrees to
discuss simplifying current SCODC formula.
UNION agrees that Recreation Aide, Recreation Program Aide, Recreation Program
Assistant and Recreation Program Specialist positions shall require possession of a
commercial driver's license with a P endorsement. For incumbent employees, they
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shall have six (6) months to obtain the required endorsement. Failure to obtain the
required endorsement shall subject the employee to disciplinary action.
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UNION and City agree that the following conduct is prohibited:
20.1 UNION, or any of its officers, agents, representatives and/or Unit employees
agree that during the term of this Agreement, they will not cause or condone
any strike, walkout, slowdown, sick out, or any unlawful job action by
withholding or refusing to perform services.
20.2 In the event that UNION, its officer, agents, representatives, or Unit
employees engage in any of the conduct prohibited in Section 12.1, UNION
shall immediately instruct any such person engaged in such conduct that their
conduct is in violation of this Agreement, and that they must immediately
cease engaging in conduct prohibited in such Section 12.1 and return to
work.
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The City will provide a bank of one hundred twenty (120) hours per year to be
allocated by UNION among the 13 stewards on UNION'S Board of Stewards to carry
out stewards' functions under this Agreement. A steward who intends to use any
part of the hours bank shall obtain the prior permission of the supervisor and such
permission shall not be unreasonably withheld. The individual steward shall be
personally responsible for notifying the City's Human Resources Department of the
use of such hours.
It is understood and agreed by the parties hereto that this MOU is subject to all
present and future applicable Federal and State laws and regulations and the
provisions hereof shall be effective and implemented only to the extent permitted by
such laws and regulations. If any part of this MOU is in conflict or inconsistent with
such applicable provisions of Federal or State laws or regulations, or otherwise held
to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or
provisions shall be suspended and superseded by such applicable laws and
regulations and the remainder of this MOU shall not be affected thereby and shall
remain in full force and effect.
11. -I.. MOM-M 111
The status of all existing benefits and conditions of employment now enjoyed by the
employees in the Unit represented by UNION shall not be deemed to be affected by
this MOU, except as specifically modified by provisions hereof or by actions taken in
the implementation hereof.
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•1 .1 - • Il-uWEIRS
All Unit employees who are members of UNION shall continue and maintain their
membership in UNION for the duration of this Agreement, except that any employee
who is or becomes a member of UNION during the term of this agreement may,
during the period of December 16 through December 31, 2001, withdraw his/her
membership in UNION by notifying the City and UNION in writing of such withdrawal
and that after such withdrawal said employee will no longer be required to remain a
member of UNION.
UNION agrees to enforce this provision and to indemnify, defend, and hold the City
of Palm Springs, its officer, and MERR harmless from any claims, demands,
expenses, losses, liabilities, and/or damages arising from the operation of this
Section. Provided further, however, that the City reserves the right to file suit in the
Superior Court of the State of California for Riverside County for the purpose of
seeking declaratory relief as to whether or not this Section is legal and valid under
the laws of the State of California, and if said Section is declared invalid or unlawful,
it shall be of no force nor effect.
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The rules governing overtime and compensatory time are found in the Personnel
Rules and included herein by this reference.
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The UNION agrees to reopen negotiations, at the request of the City during this
Agreement, concerning issues involving application of Police Department Manual to
those Unit Members who work in the Police Department.
SERVICEEEMPLOYEES'tIV7ERNATIONAL,UNION LOCAL 7Q0.
Date: By:
UNION REPRESENTATIVE
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PHONE NO. 909 2969193
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NEGOTIATOR I'iEt4lJTIP�T y� �
NEGOTIATOR NEGOTIATOR
MUNICIPAL EMPLOYEE RELATIOW REPRESENTATIVE
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HUMAN R�S�JURCES DIRE?CTC_R�� 8y'01=y MANGER
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ATTACHMENT A
CLASSIFICATION AND POSITION SALARY ADJUSTMENTS
1. Building Inspector to range 42.
2. Senior Building Inspector to range 46.
3. Permit Center Technician to range 42.
4. Senior Permit Center Technician to range 46.
5. Recreation Aide reclassified to Recreation Program Aide at range 24.
6. Parts Courier reclassified to Parts & Office Assistant at range 26.
7. Assistant Automotive Equipment Technician and Fleet Services Technician be
reclassified to Fleet Maintenance Technician I at range 35.
8. Cogeneration Plant Operator to Cogeneration Plant Technician to range 36.
9. Create Traffic Engineering Coordinator Position at range 43.
10. Fleet Operation Storekeeper reclassified to Part Specialist II at range 30.
11. Equipment Technician reclassified to Fleet Maintenance Technician II at range
39.
12. Auto/Emergency Equipment Technician reclassified to Fleet Maintenance
Technician II at range 39.
13. Heavy Equipment Technician reclassified to Fleet Maintenance Technician III at
range 42.
14. Senior Heavy Equipment Technician reclassified to Fleet Maintenance Technician
IV at range 46.
15. Assistant Street Maintenance Supervisor to range 38.
GENERAL UNIT MOU-2002-2003
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RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A MEMORANDUM OF
UNDERSTANDING RELATIVE TO WAGES, HOURS, AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE GENERAL UNIT (CLOCEA), FOR THE
PERIOD OF JANUARY 1, 2002 THROUGH JUNE 30, 2003,
SUBJECT TO UNIT'S RATIFICATION AND SIGNING OF
PROPOSED MEMORANDUM OF UNDERSTANDING.
WHEREAS Resolution 16438 designates the City Manager (acting personally or through a
delegee) as the Municipal Employee Relations Representative (MERR) who shall be the City's
principal representative on all matters of employer-employee relations, with authority to meet
and confer in good faith on matters within the scope of representation, including, wages, hours,
and other terms and conditions of employment; and
WHEREAS The City Council, through its Municipal Employee Relations Representative (MERR)
has met and conferred in good faith on wages, hours, terms and other conditions of employment
with the California League of City Employee Associations (CLOCEA) representing the General
Unit; and
WHEREAS as a result of such good faith negotiations the MERR and CLOCEA have reached
agreement on the terms and conditions of a Memorandum of Understanding (MOU) governing
employees of the City of Palm springs within such General Unit, subject to ratification by the
Unit; and
WHEREAS CLOCEA and the MERR jointly recommend adoption of such MOU by the City
council.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs,
California, that the Memorandum of Understanding between CLOCEA and MERR, for the period
January 1, 2002 through June 30, 2003, on file with the City Clerk and incorporated herein by
this reference is hereby approved upon ratification and execution of said Memorandum of
Understanding.
ADOPTED this day of December, 2001.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED & APPROVED AS TO FORM
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