HomeMy WebLinkAboutAgenda Report - December 19, 2018 H-03CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA ITEM
H-3
AGENDA TITLE: Adopt Resolution Approving Side Letter Amending the Memorandum of
Understanding between the City of Lodi and the Police Officers Association of Lodi
for the Period January 1, 2018 through June 30, 2019
MEETING DATE: December 19, 2018
SUBMITTED BY: Human Resources Manager
RECOMMENDED ACTION
Adopt resolution approving side letter amending the Memorandum
of Understanding between the City of Lodi and the Police Officers
Association of Lodi for the period January 1, 2018 through June 30,
2019.
BACKGROUND INFORMATION. The Memorandum of Understanding between the City of Lodi and
Police Officers Association of Lodi (POAL) allows for employees in
the bargaining unit to cash out vacation leave within the calendar
year. The calculation of the cash -out was based on the employee's
base rate of pay and did not include any incentives.
The law offices of Mastigni Holstedt APC, filed a formal grievance on behalf of all affected POA members
requesting that the City of Lodi include all incentives in the vacation cash -out calculation.
Representatives from the City and POAL met and conferred and have come to a mutual resolution to
include incentives in the calculation of vacation cash -out.
Staff recommends that the Council approve the Side Letter between the City and POAL.
FISCAL IMPACT: Total cost of the proposed agreement is approximately $1,100 for 2018.
FUNDING AVAILABLE: Funding available through the Police Department budget.
Adele Post, Human Resources Manager
Andrew Ks, Deputy City Manager
APPROVED:
Step en Schwa -b: Manager
Side Letter Agreement Amending the Memorandums of Understanding
Between the City of Lodi and Police Officers Association of Lodi
January 1, 2018 — June 30, 2019
This Side Letter Agreement is entered into between the City of Lodi, a municipal corporation
("City"), and the Police Officers Association of Lodi ("POAL"), and is effective upon approval
by the City Council.
RECITALS
WHEREAS, the Memorandum of Understanding between POAL and the City has a term of
January 1, 2018 through June 30, 2019 (MOU), and
WHEREAS, effective January 1, 2013, the POAL MOU was amended to include the option for
POAL unit members to cash out a certain amount of their accrued vacation leave, and
WHEREAS, the City has historically used the employee's base hourly rate for payment of the
vacation cash out and did not include all incentive pays in the calculation, and
WHEREAS, the POAL filed a formal grievance requesting the City to include all incentive pays
in the calculation for vacation cash out, similar to how cash out of holiday leave and
compensatory time are paid due to statutory requirements under the Fair Labor Standards Act,
and
WHEREAS, the City wishes to resolve the grievance, although we do not have a statutory or
contractual requirement to include incentives in the cash out of vacation leave, and
WHEREAS, the City and POAL have agreed to amend Article XXVI, Section 26.1 of the POAL
MOU to reflect the agreement of the Parties.
NOW THEREFORE, the Parties agree that:
ARTICLE XXVI - VACATION LEAVE
26.1 Vacation accruals shall be as follows:
0-5 years
6-11 years
12-14 years
15-20 years
21 years
22 years
23 years
24 years
25 years
3.08 hours per pay period
4.62 hours per pay period
5.24 hours per pay period
6.16 hours per pay period
6.47 hours per pay period
6.78 hours per pay period
7.09 hours per pay period
7.40 hours per pay period
7.71 hours per pay period
26.2 During the first continuous 12 months of employment, vacation days shall be earned but
may not be taken. An employee who terminates employment for any reason during the
first 12 months of employment shall be entitled to cash out of accrued and unused
vacation leave.
26.3 At the completion of 12 continuous months of employment, the employee is eligible to
take his/her accrued vacation leave in accordance with department policy.
26.4 The maximum amount of unused vacation hours that an employee may accrue, at any
given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount, the
employee shall stop accruing any additional vacation. Accrual will automatically resume
once the employee uses some vacation and the accrual balance falls below the maximum
accrual amount.
Under extenuating circumstances, requests to accrue vacation leave over the maximum
may be authorized by the City Manager. For all other issues regarding Vacation Leave
refer to the City's Policy on Vacation Leave.
26.5 All persons hired after October 10, 1994, shall only accrue a maximum of 6.16 hours of
vacation per pay period.
26.6 Employees shall be eligible to annually cash out all accrued vacation hours in excess of
80 hours in October of the calendar year. The cash out payment will include the
employee's incentive pay(s) in the calculation.
All other terms and provisions of the POAL MOU remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Side Letter Agreement as of
the dates as set forth herein.
CITY OF LODI, Police Officers Association of Lodi
a municipal corporation
Stephen Schwabauer Date Adam Locke Date
City Manager President, POAL
Adele Post Date
Human Resources Manager
ATTEST: MASTAGNI HOLSTEDT, A.P.C.
Jennifer M. Ferraiolo Date David Kruckenberg Date
City Clerk Associate, Mastagni Holstedt A.P.0
APPROVED AS TO FORM:
Janice D. Magdich
City Attorney
Date
RESOLUTION NO. 2018-252
A RESOLUTION OF THE LODI CITY COUNCIL AMENDING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF LODI AND THE POLICE OFFICERS ASSOCIATION OF
LODI THROUGH A SIDE -LETTER AGREEMENT EFFECTIVE
JANUARY 1, 2018 THROUGH JUNE 30, 2019
WHEREAS, the Lodi City Council approved a successor Memorandum of
Understanding (MOU) with the Police Officers Association of Lodi (POAL) on August 15, 2018;
and
WHEREAS, the POAL filed a grievance with the City regarding the calculation used for
the cash out of vacation as allowed within the POAL MOU; and
WHEREAS, representatives from the City and POAL engaged in discussion and have
agreed on a resolution to the grievance whereby the City will include all incentive pays in the
cash out of vacation; and
WHEREAS, it is recommended that Council approve revisions to the Memorandum of
Understanding with POAL through a Side -Letter Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the attached Side -Letter Agreement (Exhibit A) between the City of Lodi and the Police Officers
Association of Lodi.
Date: December 19, 2018
I hereby certify that Resolution No. 2018-252 was passed and adopted by the Lodi City
Council in a regular meeting held December 19, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
JENNIFERI M. FERRAIOLO
City Clerk
2018-252
LEH!BIT Rl
Side Letter Agreement Amending the Memorandums of Understanding
Between the City of Lodi and Police Officers Association of Lodi
January 1, 2018 — June 30, 2019
This Side Letter Agreement is entered into between the City of Lodi, a municipal corporation
("City"), and the Police Officers Association of Lodi ("POAL"), and is effective upon approval
by the City Council.
RECITALS
WHEREAS, the Memorandum of Understanding between POAL and the City has a term of
January 1, 2018 through June 30, 2019 (MOU), and
WHEREAS, effective January 1, 2013, the POAL MOU was amended to include the option for
POAL unit members to cash out a certain amount of their accrued vacation leave, and
WHEREAS, the City has historically used the employee's base hourly rate for payment of the
vacation cash out and did not include all incentive pays in the calculation, and
WHEREAS, the POAL filed a formal grievance requesting the City to include all incentive pays
in the calculation for vacation cash out, similar to how cash out of holiday leave and
compensatory time are paid due to statutory requirements under the Fair Labor Standards Act,
and
WHEREAS, the City wishes to resolve the grievance, although we do not have a statutory or
contractual requirement to include incentives in the cash out of vacation leave, and
WHEREAS, the City and POAL have agreed to amend Article XXVI, Section 26.1 of the POAL
MOU to reflect the agreement of the Parties.
NOW THEREFORE, the Parties agree that:
ARTICLE XXVI - VACATION LEAVE
26.1 Vacation accruals shall be as follows:
0-5 years
6-11 years
12-14 years
15-20 years
21 years
22 years
23 years
24 years
25 years
3.08 hours per pay period
4.62 hours per pay period
5.24 hours per pay period
6.16 hours per pay period
6.47 hours per pay period
6.78 hours per pay period
7.09 hours per pay period
7.40 hours per pay period
7.71 hours per pay period
26.2 During the first continuous 12 months of employment, vacation days shall be earned but
may not be taken. An employee who terminates employment for any reason during the
first 12 months of employment shall be entitled to cash out of accrued and unused
vacation leave.
26.3 At the completion of 12 continuous months of employment, the employee is eligible to
take his/her accrued vacation leave in accordance with department policy.
26.4 The maximum amount of unused vacation hours that an employee may accrue, at any
given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount, the
employee shall stop accruing any additional vacation. Accrual will automatically resume
once the employee uses some vacation and the accrual balance falls below the maximum
accrual amount.
Under extenuating circumstances, requests to accrue vacation leave over the maximum
may be authorized by the City Manager. For all other issues regarding Vacation Leave
refer to the City's Policy on Vacation Leave.
26.5 All persons hired after October 10, 1994, shall only accrue a maximum of 6.16 hours of
vacation per pay period.
26.6 Employees shall be eligible to annually cash out all accrued vacation hours in excess of
80 hours in October of the calendar year. The cash out payment will include the
employee's incentive pay(s) in the calculation.
All other terms and provisions of the POAL MOU remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Side Letter Agreement as of
the dates as set forth herein.
CITY OF LODI, Police Officers Association of Lodi
a municipal corporation
Stephen Schwabauer Date Adam Locke
City Manager President, POAL
Adele Post Date
Human Resources Manager
Date
ATTEST: MASTAGNI HOLSTEDT, A.P.C.
Jennifer M. Ferraiolo Date David Kruckenberg Date
City Clerk Associate, Mastagni Holstedt A.P.0
APPROVED AS TO FORM:
Janice D. Magdich Date
City Attorney