RES-10772 Memorandum For Orange City Fire FightersRESOLUTION NO. 10772
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING THE
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ORANGE AND THE ORANGE CITY
FIREFIGHTERS, LOCAL 2384 OF THE
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, AFL -CIO RELATING TO HOLIDAY
PAY AND HOLIDAY PAY IN LIEU OF TIME OFF.
WHEREAS, there presently is in full force and effect a labor contract (i.e.,
Memorandum of Understanding" or "MOU ") between the City of Orange, hereinafter
referred to as "City," and the Orange City Firefighters, Inc., Local 2384, International
Association of Firefighters, AFL -CIO, hereinafter referred to as the "Fire Union," that
sets forth wages, hours, and other terms and conditions of employment of employees
represented by the Fire Union for the period between July 1, 2012 and June 30, 2015; and
WHEREAS, Article IX, Section 9.2 provides that fire suppression personnel
shall be entitled to receive "holiday pay in lieu of holiday time off ...pursuant to policies
established by the Fire Department and the Fire Union "; and
WHEREAS, for the past several years, through and including the present time,
this holiday pay in lieu of time off (holiday pay) has been compensated at the same rate
and in the same amount an employee would have received had he /she taken the day off as
a paid holiday, which compensation included the individual's base salary plus all
attendant forms of premium pay or other additional cash compensation entitled the
employee in return for services rendered; and
WHEREAS, at all such times, the City reported to Ca1PERS as compensation
earnable this holiday pay, as calculated above, in accordance with Section 20636(c)(6) of
the California Government Code and Section 571(a)(5) of the Regulations promulgated
by Ca1PERS; and
WHEREAS, in August 2013, Ca1PERS notified the City that it was only treating
the portion of the holiday pay calculated based upon the individual's base pay as
compensation earnable; and
WHEREAS, Ca1PERS informed City staff that a viable option to remedy the
situation would be for the City to amend the applicable MOU "to include the details on
what is used in the calculations of the holiday pay "; and
WHEREAS, the parties desire to satisfy the concerns of Ca1PERS in the manner
described above in the previous paragraph so as to cause the entire holiday pay to
continue to be regarded as compensation earnable by Ca1PERS by amending the MOU to
reflect the exact manner in which holiday pay is calculated; and
WHEREAS, the City Council of the City of Orange has consulted with the City's
Chief Negotiator concerning the proposed agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange:
1. The MOU between the City of Orange and the Orange City Firefighters, Inc.
Local 2384 of the International Association of Fire Fighters, AFL -CIO shall be
amended to add as a new subparagraph "D" to Article IX, Section 9.2, the
following:
D. As set forth in this Memorandum of Understanding, the terms `holiday
pay' or `holiday pay in lieu of time off' shall be defined as cash
compensation in the same amount the affected employee would have
received had he /she taken the holiday off with pay, which would include
the individual's base pay, plus premiums that qualms as `special
compensation' as defined in the PERL (California Public Employees'
Retirement Law).
2. This MOU Amendment shall be subject to approval by the City Council of the
City of Orange at a public meeting in accordance with California Government
Code Section 20049.
ADOPTED this 11 day of March 2014.
Teresa E. 9mith, Mayor, City of Orange
ATTEST:
Mary E u , City Clerk, i range
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I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council
of the City of Orange at a regular meeting thereof held on the 11 day of March 2014 by
the following vote:
AYES:COUNCIL MEMBERS:Alvarez, Whitaker, Smith, Murphy, Bilodeau
NOES:COUNCIL MEMBERS:None
ABSENT:COUNCIL MEMBERS:None
ABSTAIN:COUNCIL MEMBERS:None
Mary hy, City Clerk-, f Orange
City of Orange
Dated: f
By: '
Tere a E. Smith, Mayor
Attest:
Mary hy, City Cler
Approved as to form:
Wayne inthers, City Attorney
Orange City Firefighters
U
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Dated: