Loading...
RES-11194 OMA LOU 1-1-20 to 12-31-22RESOLUTION NO. 11194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ESTABLISHING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE MANAGEMENT ASSOCIATION EFFECTIVE JANUARY 1, 2020 THROUGH DECEMBER 31, 2022. WHEREAS, the City of Orange, hereinafter referred to as "City," and the Orange Management Association, hereafter referred to as the "Association" have met and conferred in accordance with the requirements of the Meyers-Milias-Brown Act; and WHEREAS,the City and the Association have reached agreement on wages, salaries, and other terms and conditions of employment effective January 1, 2020 through December 31, 2022; and WHEREAS,the City Council of the City of Orange has consulted with the Assistant City Manager and Human Resources Director concerning the proposed employment terms contained in the attached Letter of Understanding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached Letter of Understanding is approved and incorporated by reference as Exhibit A, ADOPTED this 12th day of November 2019. Mark A Murphy, Mayor, City ange ATTEST: Pamela Coleman, City Clerk, City of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE 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 12'day of November 2019,by the following vote: AYES: COiJNCILMEMBERS: Alvarez, Murphy,Nichols, Monaco NOES: COUNCILMEMBERS: None ABSENT: COiJNCILMEMBERS: None ABSTAINED: COiJNCILMEMBERS: None Pamela Coleman, City Clerk, City of Orange Resolution No. 11194 2 EXHIBIT "A" A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE MANAGEMENT ASSOCIATION EFFECTIVE JANUARY 1,2020 THROUGH DECEMBER 31, 2022 This Letter of Understanding ("LOU") is entered into by and between the City of Orange and the Orange Management Association. Recitals A. The City of Orange (hereafter, "City") and the Orange Management Association Association") hereby enter into this LOU effective January 1, 2020. B. The parties agree to incorporate the language addressed in this LOU into a new Memorandum of Understanding ("New MOU"), 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 "MOU" in this LOU shall be to that Memorandum of Understanding by and between the City and the Association adopted by City Council Resolution No. 11056. 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 January 1, 2020 to December 31, 2022 and will become effective upon ratification by the Association membership and approval of the City Council. 2. Salary(Attached as Anpendix "A"1 Effective January 5, 2020, implement a 3%across the board base salary increase. Effective January 3, 2021, implement a 3%across the board base salary increase. Effective January 2, 2022, implement a 3% across the board base salary increase. 3. Certification Bonuses (MOU Article III, Section 10) Modify Article III, Section 10 to create Subsection G entitled Crane Operator Pay and read as follows: Resolution No. 11194 3 Public Works Water Division employees may be assigned at the discretion of the Deparhnent Head or designee to perform Crane Operator duties. An employee who possesses an active crane operator certificate issued by National Commission for the Certification of Crane Operators (NCCCO) shall receive $50.00 per month during the period of such special assignment. Employees not assigned will not receive this special assignment pay. This form of compensation, also referred to as "Heavy/Special Equipment Operator Premium" shall be reported to CaIPERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System(PERS) Regulations, Section 571(a)(4). 4. Educational Incentive Pro ram (MOU Article III, Section 111 Modify Article III, Section 11 (Existing Section 11 will move to new Section 12) and create monthly premium for educational incentive to read as follows: Employees covered by this Resolution with postgraduate degrees (i.e. Master's degree or higher) shall be eligible to receive $300.00 per month. This form of compensation, also referred to as "Educational Incentive", shall be reported to Ca1PERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System(PERS) Regulations, Section 571(a)(2). 5. Actin Pav (Working out of Class) (MOU Article IX) Modify Article IX, Sections 2 and 3 (Note: Section 4 will be eliminated) of the existing MOU and bifurcate Acting Pay/Working out of class pay to Temporary Upgrade Pay and Out-of- Class Appointment Pay to be consistent with Ca1PERS criteria. New Sections 2 and 3 to read as follows: SECTION 2. Acting Time Pa An employee shall receive acting time pay, as further defined below, at "A" Step of the higher class, or 5% above the employee's regular salary, whichever is greater, for work performed in the higher classification on the l lth consecutive day out of class,and for each consecutive day thereafter an employee works out of class. The Department Head or his designee shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment. A. Temporary Upgrade Pay. When an employee is working out of classification due to an incumbent's approved leave of absence, said employee shall receive Temporary Upgrade Pay. Temporary Upgrade Pay, as defined by California Code of Regulations 571(a)(3), is compensation to employees who are required by their employer or governing board or body to work in an upgraded position/classification of limited duration." The above form of compensation shall be reported to Ca1PERS as special compensation and therefore compensation earnable. However, Temporary Upgrade Pay will not be reported to Ca1PERS as pensionable compensation for "new members" hired on or after January 1, 2013, as defined by the Public Employees' Pension Reform Act of 2013 PEPRA). Resolution No. 11194 4 B. Out-of-Class Appointment. Out-of-class appointments shall only be made for positions vacated due to voluntary resignation, promotion, demotion or termination. Gov. Code section 20480 of the Public Employees' Retirement Law (PERL) defines an "out-of-class appointment" to mean an appointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a "vacant position" refers to a position that is vacant during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence (see "Temporary Upgrade Pay" above). SECTION 3. Eli i v Period. During the 10 consecutive working day eligibility period before an employee is entitled to receive acting time pay, absence for compensatory time and/or vacation shall break consecutiveness and cause the 10 consecutive working day eligibility period to start over. Absences for regularly scheduled holidays, regular days off, jury duty, and/or verifiable sick leave shall not constitute a break in consecutiveness for acting pay eligibility. 6. Vacation Conversion (MOU Article XII, Section 3) Modify Article XII, Section 3 to read as follows: Effective July 1, 2019, an employee may convert up to 50% of his current annual vacation accrual into cash in lieu of time off with pay during the 2019-2020 fiscal year. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 2, and may so convert twice during the 2019-2020 fiscal year. Effective July 1, 2020, an employee may convert up to 50% of his current annual vacation accrual into cash in lieu of time off with pay during the 2020-2021 fiscal year. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 2, and may so convert twice during the 2020-2021 fiscal year. Effective July 1, 2021, an employee may convert up to 50% of his current annual vacation accrual into cash in lieu of time off with pay during the 2021-2022 fiscal year. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 2, and may so convert twice during the 2021-2022 fiscal year. Effective July 1, 2022, an employee may convert up to 50% of his current annual vacation accrual into cash in lieu of time off with pay during the 2022-2023 fiscal year. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 2, and may so convert twice during the 2022-2023 fiscal year. 7. Administrative Leave (MOU Article XIV, Section 9) Modify Article XIV, Section 9 of the MOU to increase administrative leave from 40 to 45 hours. 8. Health Insurance (MOU Article XVI, Section 1) Resolution No. 11194 5 Modify Article XVI, Section 1(A) of the MOU to increase the City's monthly retiree premium contribution to $139.00 and adjust annually thereafter as determined by the Ca1PERS Board of Administration. Modify Article XVI, Section 1(B) of the MOU to increase the City's monthly contributions as follows: 1 i i Current 1,610.00 Janua 1, 2020 1,685.00 Janu 1, 2021 1,760.00 Janu 1, 2022 1,835.00 Modify Article XVI, Section 1(E) of the MOU to reflect: Employees hired after January 1, 2020 who elect to waive medical insurance shall receive 500.00 per month. Employees with a hire date prior to January 1, 2020 shall remain at the amount of$1,610.00. 9. Retirement Health Savings Plan Trust(MOU Article XVI, Section 4) Modify Article XVI, Section 4 of the MOU to create Subsection B (Existing Section 4(1) to become 4(A)) and provide for the cash value of the employee's unused floating holiday hours up to 18 hours) upon retirement from City service and entering the Public Employees' Retirement System shall be deposited into the Retirement Heath Savings Plan. 10. Educational Assistance Prosram (MOU Article XVII, Section 2) Modify Section XVII, Section 2 of the MOU to increase educational assistance program from 1,250.00 to $1,500.00 per fiscal year. 11. PERS Leve14 Survivor Benefit(MOU Article XVIII, Section 51 Modify Article XVIII, Section 5 of the MOU to read as follows: 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 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. 12. Limited Reonener(MOU Article XXXIII) Resolution No. 11194 6 Modify Article XXXIII to add new Section 2 into MOU to read as follows: Either party can reopen Article III and Article XII, Section 3 of the MOU for negotiations during the 2020-2021 or 2021-2022 fiscal years through a limited reopener subject to the requirements set forth in this article. 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 parly 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: June 15, 2021 through July 15, 2021, or December 15, 2021 through January 15, 2022. 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 December 31, 2022. Any inclusion of a like or similar article in future MOUs will be subject to the meet and confer process. 13. Emulovee Handbook The City to present a draft of an updated Employee Handbook. 14. Lansuase Chan es Implement mutually agreed language clean-up to conform MOU to current practices or agreements. 15. Status of MOU Except as specifically provided and amended herein, the terms 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 LOU and the new MOU shall expire on December 31, 2022. Resolution No. 11194 7 City of Orange Orange Management Association Dated: Dated: a'7 ° By:gy; Mon Espinoza, Human Resources Director Bridgette Washington, OCEA Advisor By:ByG/'(lf,2 /1.-/ Will Kolbow,Assistant City Manager Mark Winters, President By:By: Christina Lopez, Senior Hum Re ources Analyst Lisa Tam i, Vice President By: By• .'^ Susan Galvan, Economic Development Manager Tom Taulbee, Secretary By: Lisa Aduna, Treasurer By. — Eduardo Lope , Director at Large Approved as to form: G A. S a , City A ey Resolution No. 11194 8 APPENDIX "A" ORANGE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JANUARY 5,2020 3.0%Across the Board Sala Increase RANGE STEP STEP S''EP , STEP STEP STEP CLASSIFICATION TITLE A B C D E F Building Inspection Supervisor 574 6245 6563 6898 7250 7620 8008 Code Compliance Supervisor 574 6245 6563 6898 7250 7620 8008 Construction Inspection Supervisor 563 5911 6213 6530 6863 7213 7581 Development Project Manager 575 6276 6596 6933 7286 7658 8049 Environmental Program Manager 627 8134 8550 8985 9443 9926 10431 Equipment Maintenance Supervisor 573 6214 6530 6864 7214 7582 7969 Facilities Maintenance Supervisor 563 5911 6213 6530 6863 7213 7581 Finance Coordinator 550 5541 5823 6120 6432 6760 7105 Historic Preservation Planner 598 7039 7399 7775 8172 8589 9026 Information Technology Specialist 549 5513 5795 6089 6401 6727 7070 Landscape Coordinator 575 6276 6596 6933 7286 7658 8049 Legal Secretary 509 4516 4746 4988 5243 5510 5791 Library Manager I 578 6371 6696 7037 7396 7773 8170 Library Manager II 588 6696 7039 7397 7774 8171 8588 Library Tech & Support Services Mgr. 588 6696 7039 7397 7774 8171 8588 Parks Maintenance Supervisor 563 5911 6213 6530 6863 7213 7581 Payroll Specialist 542 5324 5595 5881 6181 6496 6827 Project Development Coordinator 575 6276 6596 6933 7286 7658 8049 Public Works Maintenance Supervisor 563 5911 6213 6530 6863 7213 7581 Real Property Agent 598 7039 7399 7775 8172 8589 9026 Recreation Services Supervisor 568 6061 6370 6695 7036 7395 7772 Senior Accountant 566 6001 6307 6629 6966 7322 7695 Senior Buyer 550 5541 5823 6120 6432 6760 7105 Senior Civil Engineer 627 8134 8550 8985 9443 9926 10431 Senior Contract Administrator 595 6935 7289 7659 8050 8461 8892 Senior Fire Inspection Specialist 584 6564 6899 7251 7621 8009 8418 Senior GIS Analyst 618 7778 8175 8590 9029 9490 9974 Senior Landscape Coordinator 595 6935 7289 7659 8050 8461 8892 Senior Plan Check Engineer 598 7039 7399 7775 8172 8589 9026 SeniorPlanner 598 7039 7399 7775 8172 8589 9026 Senior Water Quality Inspector 563 5911 6213 6530 6863 7213 7581 Traffic Operations Superintendent 583 6531 6865 7215 7583 7970 8377 Tree Services Coordinator 553 5624 5911 6212 6529 6862 7212 Water Maintenance Supervisor 563 5911 6213 6530 6863 7213 7581 Water Quality Inspector 543 5351 5623 5910 6212 6528 6861 Resolution No. 11194 9 APPENDIX "A" (Continued) ORANGE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JANUARY 3,2021 3.0%Across the Board Sala Increase RANGE STEP STEP STEP STEP STEP STEP CLASSIFICATION TITLE A B C D E F Building Inspection Supervisor 580 6435 6763 7108 7470 7851 8252 Code Compliance Supervisor 580 6435 6763 7108 7470 7851 8252 Construction Inspection Supervisor 569 6091 6402 6728 7072 7432 7811 Development Project Manager 581 6467 6796 7144 7508 7890 8293 Environmental Program Manager 633 8381 8810 9258 9730 10227 10748 Equipment Maintenance Supervisor 579 6403 6729 7073 7433 7812 8211 Facilities Maintenance Supervisor 569 6091 6402 6728 7072 7432 7811 Finance Coordinator 556 5709 6000 6306 6628 6966 7321 Historic Preservation Planner 604 7253 7624 8011 8420 8850 9300 Information Technology Specialist 555 5680 5970 6274 6595 6930 7284 Landscape Coordinator 581 6467 6796 7144 7508 7890 8293 Legal Secretary 515 4653 4890 5140 5402 5677 5967 Library ManagerI 584 6564 6899 7251 7621 8009 8418 Library Manager II 594 6900 7253 7621 8010 8419 8848 Library Tech& Support Services Mgr. 594 6900 7253 7621 8010 8419 8848 Parks Maintenance Supervisor 569 6091 6402 6728 7072 7432 7811 Payroll Specialist 548 5485 5766 6059 6369 6693 7035 Project Development Coordinator 581 6467 6796 7144 7508 7890 8293 Public Works Maintenance Supervisor 569 6091 6402 6728 7072 7432 7811 Real Property Agent 604 7253 7624 8011 8420 8850 9300 Recreation Services Supervisor 574 6245 6563 6898 7250 7620 8008 Senior Accountant 572 6183 6498 6830 7178 7544 7929 Senior Buyer 556 5709 6000 6306 6628 6966 7321 Senior Civil Engineer 633 8381 8810 9258 9730 10227 10748 Senior Contract Administrator 601 7145 7510 7892 8295 8718 9162 Senior Fire Inspection Specialist 590 6764 7109 7470 7852 8253 8673 Senior GIS Analyst 624 8014 8423 8851 9303 9779 10276 SeniorLandscape Coordinator 601 7145 7510 7892 8295 8718 9162 Senior Plan Check Engineer 604 7253 7624 8011 8420 8850 9300 SeniorPlanner 604 7253 7624 8011 8420 8850 9300 Senior Water Quality Inspector 569 6091 6402 6728 7072 7432 7811 Traffic Operations Superintendent 589 6730 7074 7433 7813 8212 8630 Tree Services Coordinator 559 5795 6090 6401 6727 7070 7431 Water Maintenance Supervisor 569 6091 6402 6728 7072 7432 7811 Water Quality Inspector 549 5513 5795 6089 6401 6727 7070 Resolution No. 11194 10 APPENDIX "A" (Continued) ORANGE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JANUARY 2,2022 3.0%Across the Board Sala Increase RANGE STEP STEP STEP STEP STEP STEP CLASSIFICATION TITLE A B C D E F Building Inspection Supervisor 586 6630 6969 7324 7697 8090 8503 Code Compliance Supervisor 586 6630 6969 7324 7697 8090 8503 Construction Inspection Supervisor 575 6276 6596 6933 7286 7658 8049 Development Project Manager 587 6663 7003 7360 7736 8130 8545 Environmental Program Manager 639 8636 9078 9539 10026 10539 11075 Equipment Maintenance Supervisor 585 6597 6934 7287 7659 8050 8461 Facilities Maintenance Supervisor 575 6276 6596 6933 7286 7658 8049 Finance Coordinator 562 5882 6182 6498 6829 7177 7543 Historic Preservation Planner 610 7473 7855 8254 8676 9119 9583 Information Technology Specialist 561 5853 6152 6465 6795 7142 7505 Landscape Coordinator 587 6663 7003 7360 7736 8130 8545 Legal Secretary 521 4794 5039 5296 5566 5850 6148 Library ManagerI 590 6764 7109 7470 7852 8253 8673 Library Manager II 600 7110 7473 7853 8254 8675 9116 Library Tech& Support Services Mgr. 600 7110 7473 7853 8254 8675 9116 Parks Maintenance Supervisor 575 6276 6596 6933 7286 7658 8049 Payroll Specialist 554 5652 5940 6243 6562 6896 7248 Project Development Coordinator 587 6663 7003 7360 7736 8130 8545 Public Works Maintenance Supervisor 575 6276 6596 6933 7286 7658 8049 Real Property Agent 610 7473 7855 8254 8676 9119 9583 Recreation Services Supervisor 580 6435 6763 7108 7470 7851 8252 Senior Accountant 578 6371 6696 7037 7396 7773 8170 Senior Buyer 562 5882 6182 6498 6829 7177 7543 Senior CivilEngineer 639 8636 9078 9539 10026 10539 11075 Senior Contract Administrator 607 7362 7739 8132 8547 8983 9441 Senior Fire Inspection Specialist 596 6969 7325 7697 8091 8504 8937 Senior GIS Analyst 630 8257 8679 9120 9586 10075 10588 Senior Landscape Coordinator 607 7362 7739 8132 8547 8983 9441 Senior Plan Check Engineer 610 7473 7855 8254 8676 9119 9583 SeniorPlanner 610 7473 7855 8254 8676 9119 9583 Senior Water Quality Inspector 575 6276 6596 6933 7286 7658 8049 Traffic Operations Superintendent 595 6935 7289 7659 8050 8461 8892 Tree Services Coordinator 565 5971 6275 6596 6931 7285 7657 Water Maintenance Supervisor 575 6276 6596 6933 7286 7658 8049 Water Quality Inspector 555 5680 5970 6274 6595 6930 7284 Resolution No. 11194 11