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2003-162RESOLUTION NO. 2003R- 162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM POLICE ASSOCIATION AND THE CITY OF ANAHEIM WHEREAS, the City of Anaheim and the Anaheim Police Association, have met and conferred and reached an understanding to mitigate the extraordinary impact of CalPERS investment losses on employees represented by the Anaheim Police Association; and WHEREAS, the Anaheim Police Association is in agreement with the recommendations contained in said Letter of Understanding; and WHEREAS, as a result thereof, the Letter of Understanding dated ,2003 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 ,2003, between the Anaheim Police Association 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 this5t.h d/~f .__~/~ .. 2003. MAYOR~'~'~ ~TT H~OF ,F ANAHEIM ATTEST: (31TY CLE'tS, K O¢ THE CITY OF ANAHEIM APPROVED AS TO FORM: ? CfTY ATTORNE~ OF THE'CITY OF .~AH~-v H:\STAFFREP\SF6460LN LETTER Of UNDERSTANDING between the ANAHEIM POLICE ASSOCIATION and the CITY OF ANAHEIM The Anaheim Police Association ("APA") and the City of Anaheim ("CITY") have met and conferred, and reached an agreement to amend provisions of the Memorandum of Understanding between the parties to mitigate the extraordinary impact of CalPERS investment losses on employees in classifications represented by the APA. The Parties hereby agree to the following mitigations: Article 44.1 of the Memorandum of Understanding between the Parties shall be amended to read: ARTICLE 44 PAID LEAVE PROGRAM 44.1 The Paid Leave program for regular, fuft-time employees in classifications listed in Appendix "A" shaft be administered in accordance with the following provisions: 44.1.1 Effective Ju!y !0, !99~ August 1, 2003. employees shaft accrue Paid Leave time as follows: 44.1.1.1 44.1.1.2 For c,mplc~,~cs ~'~'~ ..... ~,,, ,,,,, ~n ~o~. Flor the first four (4) years of continuous, fuft-time service employees shaft accrue Paid Leave at the rate of nine (9) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (236 hours per year). The maximum amount of Paid Leave that may be accrued shaft be twice the annual accrual. Upon completion of four (4) years of continuous, full-time service, employees shaft accrue Paid Leave at the rate of c!c',~ (? I) ten (10) hours for each complete biweekly pay pedod plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (2~ 262 hours per year). The maximum amount of Paid Leave that may be accrued shaft be .~;/.cc thc ............... five hundred seventy six (576) hours. 44.1.1.3 Upon completion of eight (8) years of continuous, full-time service, employees shall accrue Paid Leave at the rate of twelve-(-12-) eleven (ll) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (3!; 288 hours per year). The maximum amount of Paid Leave that may be accrued shaft be ~'";"~ thc ............... slx hundred twenty eight (628) hours. 44.1.1.4 Upon completion of fourteen (14) years of continuous, fuft-time service, employees shaft accrue Paid Leave at the rate of ~ twelve (12) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (3,!.0 Cw:C\LO Us~APA"P E RS"mitigation.doc Revised 7/24/03 314 hours per year). The maximum amount of Paid Leave that may be accrued shall be .~:.'!ce thc ~n~uc! ccc."J~! six hundred e~qhtv (680) hours. 44.1.1.5 44.1.1.6 Effective August l, 2003, Uu_pon completion of ¢~ twenty (20) years of continuous, full-time service, employees shall accrue Paid Leave at the rate of ~ thirteen (~3) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (355 340 hours per year). The maximum amount of Paid Leave that may be accrued shall be twice-the c.-.':.',.'c! ~ccr','c! seven hundred thirty two (732) hours. Effective Ju!y 2!, 2000 August ~, 2003, upon completion of ~ twenty-five (25) years of continuous, full-time service, such employees shall accrue Paid Leave at the rate of 8fteeR-Tc1~ fourteen (~4) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (392 366 hours per year). The maximum amount of Paid Leave that may be accrued shall be ~;:icc thc ennui! ccc;ut! seven hundred eighty four (784) hours. APA and ANAHEIM agree that employees who are within forty (40) hours of their Paid Leave accrual maximums as of the first day of the pay period following City Council approval of this Letter of Understanding shall be paid for all Paid Leave hours accrued but not used that are within forty hours of their maximum accrual. (For instance, an employee whose Paid Leave accrual maximum is 680 hours, and whose current Paid Leave accrual is 660 hours, shall be paid for 20 hours, resulting in a Paid Leave hours balance at the end of the pay period of 640 hours.) Article 44.9.2 of the Memorandum of Understanding between the Parties shall be amended to read: 44.9.2 Employees may request to be compensated for up to ei~hty-(8~ sixty (60) accrued Paid Leave hours ee6e twice per calendar q'.-'c,'tcr (J,~nuc~' ~, ,v*~ ,,,~,A~'~v,, v'~;, ,A,~,,~'",, ~, ,~+~ ........... ~ ..... . ................................. vearsu ct to the fo/lowing provisions: 44.9.2.1 44.9.2.2 44.9.2.3 44.9.2.4 The employee must have used a minimum of forty (40) hours of Paid Leave during the preceding twelve (12) months. The employee's Paid Leave balance cannot drop below one hundred seventy-five (175) hours as a result of the request. The Chief of Police or the Chief's designee must approve the employee's request for Paid Leave pay-off. Employees may request to be compensated one time during the remainder of calendar year 2003 for up to sixty (60) hours of accrued Paid Leave. Articles 59.6.6.1 and 59.6.6.2 are struck and replaced with: 59.6.6.~ ANAHEIM and APA agree that employer costs payable to CalPERS in excess of the benefit cost of "2% ~, 50" that are attributable to the benefit differential between "2% ~. 50" and "3% ~. 50" shall be allocated between the Parties. For the purpose of this Section, the benefit cost of "2% ~, 50" is the 2000/2001 fiscal year cost reported by CalPERS of ~3.369 percent. The benefit cost of "3% ~, 50" is the combination of the actuarially determined Normal Cost and Prior Service Cost of the benefit, which shall be allocated between the Parties as set forth in this Letter of Understanding and successor Memoranda of Understanding. Through June 30, ^ Cw:C\LOUs'~,PA PERS mitigation.doc Revised 7/24/03 2022, those costs are 4.5% (Normal Cost) and 8.7% (Prior Service Cost), for a total cost to be allocated between the Parties of 13.2%. ANAHEIM acknowledRes that it is not the intent of this section that APA be allocated additional costs attributable 59.6.6.2 to CalPERS investment losses. The Parties a.qree that the APA's allocation for the term of this A.qreement shall be fully satisfied by the reduction in its member's Paid Leave accruals (1.25% on.qoin.q), the reduction in its member's ability to be compensated for Paid Leave accrued but not used (0.25% on.qoin.q), the deferral of the five percent general salary increase from January 16, 2004 to February fl, 2005, the extension of this Memorandum of Understandin.q without additional compensation and benefits from January 13, 2005 to January 12, 2006, and employee payment of 2.5% of compensation which is part of the employer cost payable to CalPERS. Any employee payroll contribution required as the result of the allocation of costs shall not exceed 2.5% of compensation as required by the Public Employment Retirement Law durin.q the term of this a.qreement. Effective January 1. 2005. ANAHEIM and APA a.qree to meet and confer concernin.q an employee payroll contribution to be effective July 1, 2005. Unless the parties otherwise a~lree in writin.q, an employee payroll contribution effective July 1, 2005 shall not exceed 2.5%. The Parties agree that the general wage increase of five percent (5%) of base wages scheduled January 16, 2004 shall be deferred to February 11,2005. Article 72 of the Memorandum of Understanding between the Parties shall be amended to read: ARTICLE 72 DURA TION 72.1 The terms of this Memorandum are to remain in full force and effect until the -1~ 12~h day of January 2005 2006. Upon adoption of a resolution approving this Memorandum and the terms hereof by ANAHEIM City Council of ANAHEIM, this Memorandum shall be in full force and effect as of the 19th day of January 2001. STAFF OFFICIALS OF THE CITY OF ANAHEIM, a municipal corporation ANAHEIM POLICE ASSOCIATION By: __ Dated: '7 - '~ / - Z.~z~ ~ Cw:C\LOUs~APA^PE RS^mitigation.doc Revised 7/24/03 0 0 0 0 '~ ~; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-162 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of August, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Chavez, Hernandez, McCracken NOES: MAYOR/COUNCIL MEMBERS: Tait ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None /~ITY CLEI~K OF THE CITY OF ANAHEIM (SEAL)