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03.61 OPMA Letter of Understanding 7-1-2019 ` oF oR � �rr.�.`'��G�RF�q,qTFO�1'� *`�� AGENDA ITEM ' ..`* �..��:.x� /g �ytil r ���;;;' �F���.e,,���� � ���.�� June 11, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: Will Kolbow, Administrative Services Director �✓,`.��?a�� REVIEW: City Manager Finance �� 1. SUBJECT Resolution No. 11165—A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the City of Orange Police Management Association effective July 1, 2019, to June 30, 2022. 2. SUMMARY Resolution No. 11165 establishes a Letter of Understanding between the City of Orange and the City of Orange Police Management Association effective July 1, 2019, to June 30, 2022. 3. RECOMMENDED ACTION Approve Resolution No. 11165. 4. FISCAL IMPACT Costing summary: Fiscal Year 2019-20 Cost Descri tion General Fund All Other Funds Cost of Base Sala Increase $222,000 $6,600 Cost of Ne otiated Benefits 196,300 5,800 Total Annual Cost $418,300 $12,400 Fiscal Year 2020-21 Cost Descri tion General Fund All Other Funds Cost of Base Sala Increase $484,900 $14,400 Savin s from CaIPERS Cost Sharin 77,200 2,300 Cost of Ne otiated Benefits 287,300 8,600 Total Annual Cost $695,000 $20,700 ITEM 3 . �� 1 06/11/2019 Fiscal Year 2021-22 Cost Descri tion General Fund All Other Funds Cost�of Base Sala Increase I$757,000 $22,500 Savin s from CaIPERS Cost Sharin � 159,600 4,800 Cost of Ne otiated Benefits � 390,400 11,600 Total Annual Cost I$987,800 $29,300 5. STRATEGIC PLAN GOALS Goal 1: Provide for a safe community. b: Provide staffing and resources to deliver services that ensure public safety. Goal 2: Be a fiscally healthy community. a: Expend fiscal resources responsibly. 6. DISCUSSION AND BACKGROUND In March 2019, the City began the collective bargaining process with the City of Orange Police Management Association. The current contract between the parties expires on June 30, 2019. After seven meetings, on May 15, 2019, the parties reached agreement on the terms and conditions of a three-year labor contract that includes the following: ' • • � - � • Term of Agreement July 1, 2019 through June 30, 2022. Salary Across-the-board base salary increase of 3% effective June 23, 2019, the first pay period containing July 1. Effective the pay periods beginning June 21, 2020 and June 20, 2021, a 3.5% base salary increase shall be granted to sworn members. Effective the pay periods beginning June 21,-2020 and June 20, 2021, a 2% base salary increase shall be granted to non- sworn members. Monthly Salary Tables are attached as Appendix "A". Bilingual Pay Increase the bilingual pay bonus from $225 to $275 per month. ITEM 2 06/11/2019 Longevity/ Create a monthly premium for longevity/retention incentive Retention Incentive pay for years of full-time service as follows: Pay � � . . . June 23,.2019 $150 $300 $500 June 21, 2020 $200 $400 $650 June 20, 2021 � $250 $500 $800 Career Development Increase the monthly career development incentive amounts pay as follows: . .. - . . � . . POST Advanced Certificate $600 $700 and Bachelor's Degree POST Advanced Certificate �725 $950 and Master's Degree Vacation Conversion Modify provision to provide that each employee may, during the 2019-20, 2020-21 and 2021-22 fiscal years, convert up to 50% of the amount of vacation the employee earns during each applicable fiscal year into cash in lieu of the time off with pay. Sick Leave Hours into Modify provision to provide a portion of the payout of sick Retirement Health leave hours upon separation, as determined by the Savings Plan Association, may be deposited into a retirement health savings plan to be established by the City for all covered by this MOU. ITEM 3 06/11/2019 Health Insurance Increase the City's monthly contributions as follows: ' • � • - � � � • � • Current $1,655 January 1, 2020 $1,730 January 1, 2021 $1,805 January 1, 2022 $1,880 PERS Cost Sharing Modify provision to incorporate sworn "Classic members" to pay an additional 3% cost sharing toward the City contribution as follows: • 1.5% effective June 21, 2020; • 1.5% effective June 20, 2021. PERS Level 4 The City will provide the PERS 1959 Survivor Benefit at the Survivor Benefit for Third Level Option for miscellaneous members. The City Miscellaneous shall increase the 1959 Survivor Benefit to the Fourth Level Members Option (California Government Code Section 21574) for miscellaneous members; miscellaneous members shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: in the event the employer portion exceeds $6.00 monthly, miscellaneous members agree to pay any portion of the employer portion that exceeds $6.00 monthly. This benefit shall be contingent upon all affected bargaining units contractually agreeing to this provision. Association Release Provide association 80 hours of release time per calendar Time year. Limited Reopener Either party can reopen the following economic articles in the MOU for negotiations during the 2020-2021 fiscal year through a limited reopener subject to the requirements set forth in this article: Articles III and XIV (Section 3). In order for either party to invoke this limited reopener: 1)there must be a fiscal year-over-year (from 18-19 to 19-20) increase or decrease in sales tax revenue received by the City greater than 10%, and 2) either party must provide written notice of its request and intent to reopen MOU negotiations for this limited purpose in writing to either party during the following dates: December 15, 2020 through January 15, 2021. ITEM 4 46/11/2019 Language Changes Implement mutually agreed language clean-up to conform MOU to current practices or agreements. The City of Orange Police Management Association took this to a vote of their membership and ratified the proposal on May 30, 2019. City Council approval is required to finalize this agreement in the form of a Letter of Understanding. 7. ATTACHMENT • Resolution No. 11165 ITEM s 06/11/2019 RESOLUTIQN NO. 11165 A RESOLUTION OF TI�� CITY COUNCIL OF TH� CITY OF ORANG� ESTA$LISHING A L�TT�R OF UN�ERSTANAING BETWEEN TH� CITI' OF QRANGE AND TH� CITY OF QR�INGE POLICE 11�ANAGEM�NT ASSOCIATIQN, EFF�CTI��E JULY 1, 2019 TH�ZOL]GH JUNE 3p,2p22 WHEREAS, tl�e Cit� of Orange, hereinafter referred to as "City," and the City of Orange Police Management Association hereafter referred to as the "Association" have met and conferred in accordance with the requirements of tl�e Meyers-1klilias-Brown Act; and WHEREAS,the City and the Association have reached agreement on wages, salaries, and other terms and conditions of employment effective July 1, 2019 through June 30, 2022; and WHEREAS, the City Council of the City of Orange has consulted with the Administrative Services Director and Assistant Human Resources I�irector concerning the proposed employment terms contained in the attached Letter of Understanding; NOW, THEREFORE, BE IT RESQLVED by the City Council of the City of Orange that the attached Letter of LJnderstanding is approved and incorporated by reference as Exhibit"A." i ADOPTED this l l�h day of June 2019. Mark A. Murphy, l�rlayor of the City of Orange ATTEST: Pamela Coleman, City Clerk of the City of Qrange 1 / I, PAMELA COLEMAN, 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 l lt" day of June 2Q19 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL 1�!IE1�rIBERS: ABSTAINED: COUNCIL MEMBERS: Pamela Coleman, City Clerk of the City of Orange 2 EXHIBIT "A" A L�TTER OF UNDERSTANDING BETVVEEN TH� CITY OF ORANGE AND THE CITY OF QRANGE PpLICE MANAGE1kIENT ASSOCIATION EFFECTIVE JULY 1, 2019 THROUG�I JUNE 30,2022 This Letter of Understanding ("LOU") is entered into by and between the City of Orange and the City of Orange Police Management Association. Recitals A. The City of Orange (hereafter, "City") and the City of Orange Police Management Association("Association") hereby enter into this LOU effective July 1, 2019. B. The parties agree to incorporate the language addressed in this LOU into a new Memorandum of Understanding ("New 1�rI0U"), once both parties have the opportunity to review and concur on any and all language changes that will become part of the New MOU. A New MOU document will be presented to the City Council at a future meeting for its approval. C. All references to the "MOLJ" in this LOU shall be to that Memorandum of Understanding by and between the City and the Association adopted by City Council Resolution No. 11110. Except as to those provisions which expressly expired and/or those provisions expressly addressed by this LOU, the terms and conditions of the MOU remain operative until the New MOU is approved and adopted. A�reement 1. Term and Effective Date The term of this LOU shall be from July 1, 2019 to June 30, 2022 and will become effective upon ratification by the Association membership and approval of the City Council. 2. Salary (Attached as Apnendix "A"1 Implement an across the board base salary increase of 3% effective June 23, 2019. Effective the pay periods beginning June 21, 2020 and June 20, 2021, a 3.5% base salary increase shall be granted to sworn members. Effective the pay periods beginning June 21, 2020 and June 20, 2021, a 2% base salary increase shall be granted to non-sworn members. 3. SWAT Team (MOU Article X, Section 1(A)) Modify Article X, Section 1(A) of the MOU to eliminate the six (6) position cap for Police Lieutenant and/or Police Sergeant classifications. 3 4. Bilin$ual Pav (MOU Article X, Section 2) Modify Article X, Section 2 of the MOU to increase bilingual bonus from $225.00 to $275.00 per month. 5. Longevitv/Retention Pav (MOU Article X, Section 5) Modify Article X, Section 5 to create monthly premium for longevity/retention pay for years of service. (Existing Article 5 will move to new Section 6.) I • 1 � � i June 23, 2019 $150.Op $300.00 $500.00 June 21, 2020 $200.00 $40p.00 $650.00 June 20, 2021 $250.0Q $500.00 $800.00 For purposes of this benefit, years of service is defined as follows: 1) for miscellaneous/non- sworn members, years of full-time service with the City of Orange; and 2) for sworn members, years of service as a full-time paid sworn law enforcement officer. For years of sworn service other than the City of Orange, employee shall provide City with proof of eligible service. The Police Chief shall have final approval of eligible service. 6. Career Development Program (MOU Article XI, Section 1) Modify Article XI, Section 1 as follows: � � � POST Advanced Certificate and $600.00 $700.00 Bachelor's De ree POST Advanced Certificate and $725.00 $950.00 Master's De ree 7. Vacation Conversion (MOU Article XIV, Section 3) Modify Article XIV, Section 3 as follows: Each employee may, during the 2019-20, 2020-21 and 2021-22 fiscal years, convert up to 50% of the amount of vacation the employee earns during each applicable fiscal year into cash in lieu of the time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Sections 1 and 2 above, and may so convert twice in a calendar year, within the cap provisions stated above. 4 8. Sick Leave Hours into Retirement Health Savings Plan (MOU Article XVI, Section 5(G)) Modify Article XVI, Section 5(G) of tl�e MOLJ to provide, effective no later than July 1, 2020, a portion of sick leave payout upon separation, as determined by the Association, may be deposited into a retirement health savings plan to be established by the City for all covered by this MOU. 9. Bereavement Leave (MOU Article XVI, Section 6) Modify Article XVI, Section 6 of the MOU to broaden the definition of"immediate "family" by including: 1) any relation by blood, marriage or adoption, who is a member of the employee's household (living at the same address); or 2) any parent, substitute parent, parent-in-law, grand parent, aunt, uncle, spouse, child, brother, sister, domestic partner, the employee's, spouse's or domestic partner's child, grandchild, parent, substitute parent, grandparent, sibling, aunt, or uncle of the employee, regardless of residence. Provision will mirror that of the City of Orange Police Association. 10. Health Insurance(MOU Article XVIII, Section 1(B)) Modify Article XVIII, Section 1(B) of the MOU to increase the City's monthly contributions as follows: � � � � Current $1,655.00 Januar 1, 2020 $1,730.00 Janu 1, 2021 $1,805.00 Janua 1, 2022 $1,880.00 11. PERS Cost Sharin� (MOU Article XIX Section 1 (D)) Modify Article XIX Section 1(D) Retirement - PERS Member Contribution — Tier lA to add: Effective the pay period beginning June 21, 2020, safety employees who are "classic members" shall contribute an additional 1.5% of their PERS-reportable income, on a pre-tax basis toward the City contribution pursuant to the cost sharing arrangement set forth in California Government Code Section 20516(�, increasing the employee contribution to 10.5% of PERS-reportable income. Effective the pay period beginning June 20, 2021, safety employees who are "classic members" shall contribute an additional 1.5% of their PERS-reportable income, on a pre-tax basis toward the City contribution pursuant to the cost sharing arrangement set forth in California Government Code Section 20516(�, increasing the employee contribution to 12% of PERS- reportable income. 12. PERS Leve14 Survivor Benefit for Miscellaneous Members (MOU Article XIX, Section (H)) Modify Article XIX, Section 19.1 by adding Subsection H to the MOU to read: The City will provide the PERS 1959 Survivor Benefit at the Third Level Option for miscellaneous members. The City shall increase the 1959 Survivor Benefit to the Fourth Level 5 Option (California Goverr�ment Code Section 21574) �or miscellaneous members; miscellaneous members shall pay their $2.00 monthly cqntribution through payroll deduction. The City shall pay the employer portion subaect to the following limit: in the event the employer portion exceeds $6.00 monthly, miscellaneous members agree tq pay any portion of the employer portion that exceeds $6.00 monthly. T$is benefit shall be contingent upon all affected bargaining units contractually agreeing to this provision. 13. Association Release Time (MOU Article XXII, Section 3) Modify Article XXII to add new Section 3 of the MOU to provide 80 hours of association release time per calendar year. 14. Limited Reonener(MOU Article XXXI, Section 2) Modify Article XXXI to add new Section 2 into MOU as follows: Either party can reopen the following economic articles in the MOU for negotiations during the 2020/2021 fiscal year through a limited reopener subject to the requirements set forth in this article: Articles III and XIV (Section 3). In order for either party to invoke this limited reopener: 1) there must be a fiscal year-over-year (from 18/19 to 19/20) increase/decrease in sales tax revenue received by the city greater than 10%, and 2) either party must provide in written notice of its request and intent to reopen MOU negotiations for this limited purpose in writing to either ; party during the following dates: December 15, 2020 through January 15, 2021. Upon receipt of such timely request, the parties agree to meet and confer in good faith on the article(s) requested for reopening. Any changes to the MOU arising out of this limited reopener shall be by mutual written agreement. It is the expressed intent of the parties that the language pertaining to this limited reopener is included in the current MOU only and expires June 30, 2022. Any inclusion of a like or similar article in future MOiJs will be subject to the meet and confer process. 15. Lan�ua�e Chanses Implement mutually agreed laMguage clean-up to conform MOU to current practices or agreements. 16. Status of MOU Except as specifically provided and amended herein, the terxns and conditions of the MOU shall govern the provisions of wages, salaries and other benefits for all covered employees. This LOU shall not be interpreted to extend and/or limit any other rights, benefits, or compensation of either party except as specifically provided herein and both this LpU and the New MOU shall expire on June 30, 2022. 6 City of Qrange City o� Qrange PoliGe Management Association Dated: �ated: By: By: �Vill Kolbow,Administrative ServicEs Director Stephen$lfelt, President By: $y: Monica Espinoza,Assistant Human Resources Director Scott Trausch, Board Member By: By: Susan Galvan,Economic Development Manager Ray Winick, Board 1�/Iember By: By: Cody Kleen, Human Resources Analyst II Aaron Towner, Board Member Approved as to form: Gary A. Sheatz, City Attorney 7 Appendix "A" CITY OF QRANGE POLICE MANAGEMENT ASSQCIATION MONT�iLY SALARY RANG�S EFFECTIVE JULY 8, 2018 Increase Current Step G 1.5% for Captains and Non-Sworn Increase Current Step H 1.5% for Lieutenants and Sergeants STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H After 1 After After 1 After 1 After 1 After 1 After 1 Salary Year Year Year Year Year Year Year � Classification Title Ran e Forensic Services Supv 603 7217 7586 7971 8378 8806 9254 9578 N/A Police Captain 715 12616 13261 13935 14647 15394 16179 16745 N/A Police Lieutenant 675 10335 10863 11415 11998 12610 13253 14048 14539 Police Records Manager 596 6969 7325 7697 8091 8504 8937 9250 N/A Police Sergeant 633 838] 8810 9258 9730 10227 10748 11393 11792 EFFECTIVE JUNE 23, 2019 3.0% Across the Board Salary Increase STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H After 1 After 1 After 1 After 1 After 1 After 1 After 1 Salary Year Year Year Year Year Year Year Classification Title Ran e Forensic Services Supv 609 7436 7816 8213 8633 9073 9535 9869 N/A Police Captain 721 12999 13664 14359 15092 15862 16670 17254 N/A Police Lieutenant 681 10648 11193 11762 12362 12993 13655 14475 14981 Police Records Manager 402 7181 7548 7931 8336 8762 9208 9531 N/A Police Sergeant 639 8636 9078 9539 10026 10538 ]1075 11739 12150 8 Appendix "A" (Continued) CITY OF ORANGE POLICE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JUNE 21, 2020 2.0% Increase for Non-Sworn Classifications 3.5% Increase for Sworn Classifications STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H Salary After 1 After 1 After 1 After 1 . After 1 After 1 After 1 Classification Title Ran e Year Year Year Year Year Year Year Forensic Services Supv 613 7586 7974 8379 8807 9256 9727 10068 N/A Police Captain 728 13461 14149 14869 15628 16425 17263 17867 N/A Police Lieutenant 688 11027 11590 12180 12802 13455 14140 14989 15513 Police Records Manager 606 7325 7700 8091 8504 8938 9394 9723 N/A Police Sergeant 646 8943 9400 9878 10382 10912 11468 12156 12582 EFFECTIVE JUNE 20, 2021 2.0% Increase for Non-Sworn Classifications 3.5% Increase for Sworn Classifications STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H After 1 After 1 After 1 After 1 After 1 After 1 After 1 Salary Year Year Year Year Year Year Year Classification Title Ran e Forensic Services Supv 617 7739 8134 8547 8984 9443 9924 10271 N/A Police Captain 735 13939 14652 15397 16184 17009 17876 18502 N/A Police Lieutenant 695 11418 12002 12612 13257 13933 14643 15521 16065 Police Records Manager 610 7473 7855 8254 8676 9119 9583 9919 N/A Police Sergeant 653 9261 9734 10229 10751 11300 11875 12588 13029 9