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RES-10716 Memorandum For Orange Police Management AssociationRESOLUTION NO. 10716 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE RESOLVING A FAILURE BY REPRESENTATIVES OF THE CITY AND THE ORANGE POLICE MANAGEMENT ASSOCIATION TO AGREE UPON THE TERMS AND CONDITIONS FOR A FISCAL YEAR 2012 -2013 MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF THE CITY AND THE ORANGE POLICE MANAGEMENT ASSOCIATION. WHEREAS, the representatives of the City of Orange and the Orange Police Management Association have engaged in multiple meet and confer sessions and did so in good faith and in compliance with Government Code §3500 et. seq. in an effort to negotiate a successor agreement to the 2010 -2012 Memorandum of Understanding between the parties; and WHEREAS, after numerous meet and confer sessions between the period of September 2012 through January 2013 the parties failed to reach an agreement and declared an impasse in the negotiations process on April 4, 2013; and WHEREAS, the Orange Police Management Association did not request mediation procedures contained in the City of Orange Employee Relations Resolution No. 3611 in a timely fashion; and WHEREAS, the Orange Police Management Association did not request Fact - finding procedures in a timely fashion; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange does resolve, declare, determine, and order as follows: Section 1 . Unless otherwise indicated in this Resolution, the following changes in wages, hours, and terms and conditions of employment for those employees in the unit represented by the Orange Police Management Association shall be implemented concurrent with City Council passage, approval and adoption of this Resolution. This Resolution shall take precedence over any conflicting Municipal Code sections, rules, regulations, Memoranda of Understanding or other documentary provisions. Section 2 . Concurrent with City Council adoption of this Resolution, the unilaterally implemented changes in terms and conditions of employment for those employees in the unit represented by the Orange Police Management Association are as follows: Term — there is no agreement and thus no term. Implementation shall be consistent with the provisions of Government Code §3505.4. Salary - No salary increases. Uniform Allowance — MOU Article XII Section 1 — The value of uniform allowance is no longer pension reportable for new PERS members hired after January 1, 2013. Vacation Conversion — MOU Article XIV Section 3 — Employees shall not be able to convert vacation time to pay as provided in Article XIV Section 3 of the 2010 -2012 MOU. Sick Leave Payout Program — MOU Article XVI Section 5F — Change intro paragraph as follows: "Sick leave shall be paid at the current rate of pay and be paid off according to the following programs..." This language removes the 8% and 9% pay increases involved in converting sick leave to compensation. Health Insurance — MOU Article XVIII Effective January 1, 2013, the City shall contribute toward the payment of premiums under the PERS Health Benefits Plan to each eligible retiree annuitant of PERS, to the extent required by law, a contribution of $115.00 per month. Flexible Benefits Plan. The City's allowance for health insurance premiums shall be increased by $60 per employee effective June 1, 2013 (from $1,210 to $1,270 per month). Retirement — MOU Article XIX Section IA - Safety PERS Formula — Delete references to employee payment of a portion of the City's PERS Employer Contribution Rate (currently 8.5 %) Section IC - Miscellaneous PERS Formula — Delete references to employee payment of a portion of the City's PERS Employer Contribution Rate (currently 7.5 %) Section 1D — Employee Paid PERS Contribution — Rewrite section as follows: Employee -paid PERS member contributions for all employees covered by this MOU shall be made pursuant to Section 414(h)(2) of the Internal Revenue Code, to enable the employee's taxable income to be reduced by the amount of the employee -paid member contribution." Section I — PERS on PERS (Miscellaneous) — Delete entire section. Section IF — PERS on PERS (Safety) — Delete entire section. Section II — PEPRA Formula for New Miscellaneous Members — Add new section: Implement Miscellaneous (non -sworn) PERS formula pursuant to California Public Employees' Pension Reform Act of 2013 ( PEPRA) for new members (as defined by PEPRA) hired on or after January 1, 2013: New Miscellaneous members will be subject to the 2.0% @ age 62 retirement benefit formula New Miscellaneous members will receive a benefit upon retirement based on the three -year average method W New Miscellaneous members will pay 50% of "normal cost" which, according to Ca1PERS for 2013, shall be 6.75% of pension - reportable salary. This contribution shall be made by payroll deduction, subject to change as dictated by Ca1PERS pursuant to PEPRA. o Section 1 J — PEPRA Formula for New Safety Members —Add new section: Implement Safety PERS formula pursuant to PEPRA for new members (as defined by PEPRA) hired on or after January 1, 2013: New Safety members will be subject to the 2.7% @ age 57 retirement benefit formula New Safety members will receive a benefit upon retirement based on the three -year average method New Safety members will pay 50% of "normal cost" which, according to CalPERS for 2013, shall be 12.0% of pension - reportable salary. This contribution shall be made by payroll deduction, subject to change as dictated by Ca1PERS pursuant to PEPRA. Section 3 . The City Council hereby approves and adopts the above unilaterally implemented changes in Terms and Conditions of Employment for the Orange Police Management Association effective May 15, 2013. APPROVED AND ADOPTED this 14 day of May, 2013 C-) F,t_ J Teresa E. Smith, Mayor, City of Orange ATTEST: Mary E rp City Cle o nge 3 I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution No. 10716 was duly adopted by the City Council of the City of Orange, California at a regular meeting held on the 14 day of May 2013, by the following vote: AYES:COUNCIL MEMBERS:Whitaker, Murphy, Bilodeau NOES:COUNCIL MEMBERS:Alvarez, Smith ABSENT:COUNCIL MEMBERS:None ABSTAIN:COUNCIL MEMBERS:None Mary E. ity Clerk, Ci e Approved as to form: oo Wayne . Winthers, City Attorney, City of Orange 0