RES-2011-144 RESOLUTION NO. 2011- 144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A
LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION, GENERAL AND CLERICAL UNITS AND THE CITY OF ANAHEIM
WHEREAS, the Human Resources Department met and conferred with officials
and employee representatives of the Anaheim Municipal Employees Association, General and
Clerical Unit, and reached an agreement intended to mitigate the impact of pending labor force
reductions on employees in classifications represented by the Anaheim Municipal Employees
Association; and
WHEREAS, as a result thereof, a Letter of Understanding dated October 18,
2011 between the parties has been prepared and signed; and
WHEREAS, the Union is in agreement with the recommendations contained in
said Letter of Understanding; and as a result thereof, the Letter of Understanding dated October
18, 2011 has been signed; and
WHEREAS, the City Council of the City of Anaheim does find that it is in the best
interest of the City of Anaheim to approve said Letter of Understanding.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Anaheim that the Letter of Understanding dated October 18, 2011 between the Anaheim
Municipal Employees Association, General and Clerical Units and the City of Anaheim, a copy
of which is attached hereto and incorporated by reference herein, is hereby approved.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 25th day of pm-ober 2011, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray
NOES: None
ABSENT: None
ABSTAIN: None
MAYOR OF THE ITY OF ANAHEIM
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CITY CLERK OF THE CITY OF AN HEIM
APPROVED AS TO FORM:
CRISTINA TALLEY, CITY
BY:
F: \OT4231 CS.DOC
LETTER OF UNDERSTANDING
between the
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION
and the
CITY OF ANAHEIM
The Anaheim Municipal Employees Association (AMEA) and the City of Anaheim
(ANAHEIM) have met and conferred and agreed to certain provisions intended to mitigate the
impact of the City's intent to restructure various Library services. The Parties hereby agree to
the following special mitigation provisions:
1. ANAHEIM will offer the Accelerated Separation Program (ASP) as provided for in
the Letter of Understanding entered into by the Parties on January 29, 2010, including
provisions for contributions to post retirement medical benefits through the end of the
2012 calendar year, to classes of employees deemed eligible by the City Manager. The
City Manager shall retain the sole discretion to approve or deny any application and to
close the program at any time. Any decision by the City Manager to deny an
application, or to close the application period with or without notification, shall not be
subject to review through the grievance procedure.
2. ANAHEIM agrees to pay the COBRA costs associated with health benefit
continuation for those qualified employees laid off from their position with ANAHEIM,
including those qualified employees who convert from full -time status to part -time
status. Such payments shall be made by ANAHEIM through the end of the current
calendar year (2011). Effective January 1, 2012, COBRA costs associated with health
benefit continuation shall be the responsibility of the individual COBRA participant.
3. ANAHEIM and AMEA agree that an employee who terminates his or her
employment from the Anaheim Public Library in good standing between the effective
date of this Letter of Understanding and December 31, 2011 and who is reinstated
within one hundred eighty (180) days of his or her separation date shall be considered
to have continuous service for the purpose of all employee benefits with the exception
of FICA Medicare participation, shall not serve a new probationary period, and shall be
credited with the amount of any sick leave forfeited at the time of separation from
service. All other provisions of Article 31 — REINSTATEMENT of the Memorandum of
Understanding dated January 8, 2010 through July 7, 2011 between the parties,
extended at the option of the AMEA, shall remain in full force effect.
4. ANAHEIM and AMEA agree that regular full -time employees laid off in good
standing from their position with the Anaheim Public Library shall be placed on a re-
employment list, and that such list shall remain in effect for a period of two (2) years or
until depleted, whichever occurs first.
The Parties agree that this Agreement is the result of extraordinary circumstances accruing
from the decision by ANAHEIM to restructure specific functions pertaining to Library services,
AMEA General Employees
Letter of Understanding
Library Mitigation Agreement
and that this Agreement is intended solely to mitigate the impact of this decision on affected
employees. The Parties further agree that this Agreement shall not bind ANAHEIM or serve as
precedent in the event such a decision to restructure or otherwise modify any other services or
functions currently provided by ANAHEIM.
Agreement to the foregoing by AMEA does not constitute a waiver and shall not in any way
preclude AMEA from pursuing additional mitigation measures including, without limitation, the
mitigation measures proposed in AMEA's letter to ANAHEIM dated October 12, 2011.
STAFF OFFICIALS of the CITY OF ANAHEIM, ANAHEIM MUNICIPAL EMPLOYEES
a Munici ' . Corporation ASSOCIATION, General & Clerical Employees
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