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HomeMy WebLinkAbout2022-034 - Resolution • RESOLUTION NO. 2022-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE MANAGEMENT GROUP WHEREAS, representatives of the City of Rancho Cucamonga (City) and the Executive Management Group have met and conferred pursuant to the provisions of the Meyers-Milias- Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, representatives of the City and the Executive Management Group have agreed upon and presented to this City Council a Side Letter Agreement(see attached Side Letter Agreement) that Amends the Current Memorandum of Understanding effective July 1, 2019, to June 30, 2022, related to adding provisions for severance compensation into Section 29 and 30 of the MOU. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Side Letter Agreement with the Executive Management Group is hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. Resolution No. 2022-034 - Page 1 of 2 PASSED, APPROVED, and ADOPTED this 16th day of March 2022. • 4nni Michael, Mayor / ATTEST: Janiqe C. FZ ernolds, City Cle6k:)'' STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF ' NCHO 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 March 2022. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 17th day of March, 2022, at Rancho Cucamonga, California. ,J„4nicp'C. Reynolds, ity Clerk '// Resolution No. 2022-034 - Page 2 of 2 • Resolution_ 2022-034 City of Rancho Cucamonga CONTRACT NUMBER SIDE LETTER OF AGREEMENT 2019-125 BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP The City of Rancho Cucamonga ("City") and the Executive Management Employee Group (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2019, and expires on June 30, 2021, a side letter agreement that extended the MOU from July 1, 2021,to June 30, 2022, and a subsequent side letter agreement adding new vacation buyback language. The Parties have agreed to incorporate the following provisions for severance compensation into Section 29 and 30 of the MOU: Article 29: Severance All Executive employees are at-will employees who may be terminated with or without cause, and who have no appeal rights. Executive employees with over one (1) year of continuous employment with the City from July 1, 2022, who are terminated, will be eligible to receive severance pay of 90 calendar days of their base salary if the terminated employee voluntarily executes a Compromise and Release Agreement, which includes a waiver of all claims against the City and/or challenges to their termination, within ten (10) calendar days of receiving notice of tei„iination. Executive employees with over five (5) years (60+ months) of continuous employment with the City from July 1, 2022, who are teiniinated, will be eligible to receive severance pay of 120 calendar days of their base salary if the terminated employee voluntarily executes a Compromise and Release Agreement, which includes a waiver of all claims against the City and/or challenges to their termination, within ten (10) calendar days of receiving notice of termination. Employees are not required to execute the Compromise and Release Agreement since it is an agreement, and its execution is totally voluntary on the part of the employee. However, it is a condition of receiving the severance pay. The severance pay is consideration for the Agreement. Section 30: Senior Department Head Additional Duties Pay Department Heads who work and provide guidance during the transition of a new Department Head within their Department are eligible to receive $2,600 a year($100 per pay period) in Senior Department Head additional duties pay for taking on the added responsibilities of assisting the new Department Head while retaining the duties of their current position. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council and the membership of the Executive Management Group. For the City of Rancho Cucamonga For the Executive Management Group John Gillison, City Manager Jennifer Hunt-Gracia Executive Management Group Representative Darryl Polk Executive Management Group Representative