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HomeMy WebLinkAbout2020-141 - ResolutionRESOLUTION NO. 2020-141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPLEMENTATION OF THE TERMS SET FORTH IN THE CITY'S LAST, BEST, AND FINAL OFFER TO THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION WHEREAS, the City's Memorandum of Understanding with the Rancho Cucamonga City Employees Association (RCCEA) expired on June 30, 2020(MOU); and WHEREAS, City staff and representatives from RCCEA have negotiated over a successor MOU, beginning in January 2020, which included over twelve meetings over seven months; and WHEREAS, impasse was declared by RCCEA on July 20, 2020; and WHEREAS, the City and RCCEA participated in a 1-day fact finding hearing, including subsequent good faith attempts at reaching agreement facilitated by the neutral Factfinding Chairman's recommendations, but were unsuccessful, and the panel provided a report made public on December 10, 2020, and WHEREAS, the City Council held a public hearing on the impasse on December 16, 2020; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that: 1. the following terms of the City's Last, Best, and Final Offer, as presented to RCCEA on July 6. 2020 shall be implemented effective the first full pay period after Council adoption of this resolution: MEDICAL • $75 increase for medical = $1,175/month and $542.31/pay period (PP) rounded • No Change to use of funds VACATION LEAVE • Eliminate language requiring 6 months of service before being able to use vacation leave • Add Constructive Receipt language - VACATION BUYBACK Annually, any employee that wants to have the City buy back vacation hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City's Human Resources Department on or before December 15 and shall indicate the number of hours of vacation that the employee expects to earn in the following calendar year that the employee wants the City to buy back, with a minimum buy back of 20 hours up to a maximum of 160 hours. This buy back shall occur twice annually, in April and November in equal amounts of 50% of the total requested. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buy back time. Resolution No. 2020-141— Page 1 of 4 • City Manager may provide an accrual rate for new Management and Supervisory/Professional employees up to the equivalent of a five-year employee upon hire. This is important as many experienced candidates have significant time in the public sector and might have to begin at a much lower accrual rate than they receive at their current agency. ADMINISTRATIVE LEAVE • Eliminate language requiring 6 months of service before being able to use administrative leave All Management Leave not used by June 30, 2020, expired; however, if the City and RCCEA execute a new MOU before September 30, 2020, unused management leave balances as of June 30, 2020, will be credited towards employee management leave balances and employees will have six (6) months to use the restored accrued management leave. COMPENSATORY TIME OFF • An employee that works overtime may decide to accrue compensatory time off (CTO) at 1.5 times the number of overtime hours worked instead of receiving immediate payment for overtime worked. The maximum CTO that an employee may accrue is 240 hours. Once an employee reaches that accrual cap, all additional overtime worked shall be paid. Employees may use CTO as time off, subject to supervisor approval. Supervisors shall not unreasonably withhold approval for use of accrued CTO, and the need to replace the employee using CTO with another employee on overtime shall not be the basis for denying a requested use of CTO. • Those employees above the maximum accrual amount at the beginning of this MOU period will be paid out for hours exceeding the maximum accrual amount. CALL BACK PAY (nonexempt) • If an employee is required to be called back to work after completing his or her normal shift or after having left City premises or the employee's work location, the employee shall be compensated at the appropriate rate for each hour worked on call back with a minimum of two (2) hours call back compensation at the appropriate rate, regardless of whether the employee actually works less than two (2) hours. This provision shall be applicable to employees although the employee's regular work week is not completed but shall not apply to employees who are continuing on duty for their normal work shift. T-hi6 PFGViGi9R Shall be ra npliGabl to empl 7 6 ees whe aFe GORtinunn n duty fnr their ReFFR el shift The � � time starts when the call back call is received by the employee. Employees must arrive at the worksite and perform the work required in order to receive callback pay. • When an employee is called on his/her day off or after hours for work purposes, the employee shall be compensated at the appropriate rate of pay or in comp time if applicable for the actual time worked, rounded to the nearest quarter hour (.25). UNIFORMS • 4-5 shirts per year for positions required to wear City shirts (Community Improvement Officers (Senior, I & II), Business License Technicians, Building Inspectors (I & II) and Technicians, Public Works Inspectors (I & II)) Resolution No. 2020-141— Page 2 of 4 SHOE ALLOWANCE • Increase shoe allowance from $200 per year to $350 per year. TUITION REIMBURSEMENT • Add Side Letter language to allow for out of State accreditation ENCOURAGING PROFESSIONAL DEVELOPMENT (New Section) • Promotions are movements to a different classification with a higher pay range. Bargaining unit employees are encouraged to seek regular performance feedback from their direct supervisors and other Department leadership for professional development and in order to prepare to compete for future promotional opportunities. If a member applies for a promotion to a bargaining unit position and is not selected for an interview or has an interview but is not selected for the job, the employee is encouraged to request feedback from their supervisor as to the reasons why they were not selected. The supervisor will work with other Department personnel and/or Human Resources to provide a response to the requesting employee within 30 days of the request. Bargaining unit employees are encouraged to register on the City's employment portal to be informed of promotional opportunities by email, and to check their City email account regularly for information regarding promotional opportunities. CONFIDENTIAL EMPLOYEES • Update list of Confidential positions: Confidential employees may be employed in some of the following positions: Account Technician, Administrative Assistant, Administrative Technician, Budget Analyst, Deputy Director of Human Resources, Executive Assistant I, Executive Assistant II, Finance Manager, Principal Accountant, Human Resources Technician, Management Analyst Series, Payroll Supervisor, Revenue Manager, Risk Analyst, Risk Management Coordinator, Senior Account Technician, Senior Accountant, Senior Executive Assistant, and Senior Risk Management Analyst DIRECT DEPOSIT ONLY FOR NEW EMPLOYEES • checking or debit card. Vacation buy back and comp time payouts can be by paper check. 2. The City Council hereby affirms that the imposition of these terms in no way signals any unwillingness on the part of the City to meet and confer with RCCEA regarding a successor agreement to the current terms and conditions of employment. The City Council hereby directs City staff to initiate the negotiations process as soon as possible with the goal of reaching an equitable agreement consistent with City budgetary restrictions and long-term goals. 3. The MOU has expired under its own terms. The terms and conditions of employment set forth in the MOU shall continue in full force and effect except to the extent modified by the imposition of the City's Last, Best and Final offer. The terms and conditions of employment set forth in the MOU, as modified by this imposition, shall be deemed an agreement between the parties. Resolution No. 2020-141— Page 3 of 4 PASSED, APPROVED, and ADOPTED this 16m day of December 2020. ATTEST: nice C. Reynolds, City Clerk STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 16th day of December 2020. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 17th day of December, 2020, at Rancho Cucamonga, California. fl)e-z- --- �� J ice C. Reynolds, City Clerk Resolution No. 2020-141— Page 4 of 4 5