RES-2009-179RESOLUTION NO. 2009- 179
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVING A LETTER OF
UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION, CLERICAL AND GENERAL UNITS AND THE CITY OF ANAHEIM
WHEREAS, the City of Anaheim and the Anaheim Municipal Employees
Association (AMEA), Clerical and General Units, have met and conferred and reached an
agreement concerning the terms and conditions of employment for certain employees in
classifications represented by the AMEA ; and
WHEREAS, the Anaheim Municipal Employees Association, Clerical and
General Units are in agreement with the recommendation contained in said Letter of
Understanding; and
WHEREAS, as a result thereof, the Letter of Understanding dated December 7,
2009 between the parties has been prepared and 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 December 7, 2009 between the Anaheim
Municipal Employees Association, Clerical and General 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 15th day of December 2009 by the following roll call vote.
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
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CITY CLERK OF THE CI Y OF AKIAHEIM
(�A
MAYOR OF THE CITAV ANAHEIM
APPROVED AS TO FORM:
CRISTINA L. TALLEY, CITY ATTORNEY
BY: '-- C. --
FAOT1016C .DOC
LETTER OF UNDERSTANDING
between the
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION
and the
CITY OF ANAHEIM
The Anaheim Municipal Employees Association (AMEA), General & Clerical Employees, and the City
of Anaheim (ANAHEIM) have met and conferred in good faith and reached an understanding on
wages and other terms and conditions of employment for certain employees in classifications
represented by the AMEA. The PARTIES hereby agree that regular, full time employees in
classifications represented by the AMEA may participate in a voluntary furlough program subject to
the following terms and conditions:
The voluntary furlough program shall be limited to regular, full -time employees in classifications
represented by the AMEA who request to participate, and whose participation is approved by the
employee's Executive Manager. Furlough requests shall be approved if the Executive Manager
determines that granting the request is in the best interest of ANAHEIM and that the absence will
not impose an undue hardship on the City. In the event a request is denied, the employee shall
be notified, in writing, of the denial and the reasons therefore.
Voluntary furloughs may be approved as a planned and recurring reduction of the employee's
regularly scheduled work day or work week, or as a non - recurring absence of at least two (2)
consecutive work days. In no event shall any employee exceed one hundred seventy five (175)
voluntary furlough hours in any fiscal year. An employee shall be required to provide a minimum
of two (2) weeks advance notice to cancel or modify a scheduled furlough.
3. Voluntary furloughs shall NOT be granted for any of the following reasons or in any of the
following circumstances:
a. In substitution for a disciplinary suspension;
b. For any planned or unplanned medical absence, including the elimination period for
qualifying for Short Term Disability benefits;
c. For the purpose of extending an employee's entitlement to Family Medical Leave; or
d. During the pendency of an investigation into allegations of employee misconduct or
unsatisfactory work performance.
4. Voluntary furloughs taken in a fiscal year shall accumulate towards any obligation an employee
may have in the event the ANAHEIM and AMEA agree to implement a mandatory furlough
program during that fiscal year. For the purpose of this paragraph, any voluntary furlough hours
taken from the date of the execution of this Letter of Understanding through June 30, 2010 shall
be credited to Fiscal Year 2010/2011.
5. Voluntary furloughs shall count as hours worked for the purpose of City- provided health and
welfare benefits, paid leave accruals, and City/departmental seniority. ANAHEIM shall comply
with all CalPERS reporting requirements with respect to furloughs, and makes no warranties or
promises with respect to individual impact on compensation reportable or service credit earned
under the provisions of any furlough program.
6. ANAHEIM shall establish an "Unpaid Furlough" time sheet code for the purpose of tracking and
reporting voluntary furlough hours taken by employees in classifications represented by the
AMEA. ANAHEIM shall provide AMEA with an accounting of hours taken and monies saved on
a periodic basis.
7. Denial of an employee's request for a voluntary furlough shall not be considered to be matter
subject to review through the grievance procedure. At its option, the AMEA may request that the
City Manager review a decision to deny a furlough request, and the City Manager's
determination shall be final and binding. The City Manager may, at his sole discretion, delegate
such a review to any Executive or Administrative Manager outside of the effected employee's
direct chain of command.
8. ANAHEIM and AMEA agree to meet periodically to review and discuss the Voluntary Furlough
Program, and to make those adjustments to the program that may be necessary for effective
administration.
9. The City Manager may discontinue the voluntary furlough program at any time he determines it
no longer serves the City's interest. The AMEA will be provided with at least thirty (30) calendar
days notice in the event the City Manager decides to discontinue the program.
STAFF OFFICIALS of the CITY of
ANQ .. ^ ..-
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By:
ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION
Y:
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By:
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Dated: _/Z