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2003-235RESOLUTION NO. 2003R- 235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLTUION NO.92R-17 ADOPTING PERSONNEL RULES APPLICABLE TO EMPLOYEES IN MANAGEMENT, CONFIDENTIAL AND NON-REPRESENTED PART-TIME CLASSIFICATIONS WHEREAS, the Human Resources Director has recommended in a staff report dated December 9, 2003, that Resolution No. 92R-17 be amended in the manner hereinafter set forth; and WHEREAS, the City Council of the City of Anaheim does find that amending Resolution No. 92R-17 is in the best interest of the City of Anaheim; and WHEREAS, as a result thereof, the need exists to amend Resolution No. 92R-17 which adopted Personnel Rules for Management, Confidential and Non-Represented Part-time classifications. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. That, Section 17.93 be amended and Section 17.93.1 be added to Personnel Rule 17, Sick Leave to read as follows: "17.93 An employee in a classification designated as confidential or management who has more than ten (10) years of continuous City service may elect o,",c~ o~ch c~!c,",d~r yea¢ to receive all or a portion of his/her Employee Sick Leave Trust Fund account. When requested, such payments may be diverted to the employee's Deferred Compensation account, or paid in cash by separate check subject to standardized withholding taxes. When partial payment is requested, the amount shall not be less than 25% of the balance, and a maximum of four (4) such partial payments shall be allowed with the fourth payment paying the entire remaining balance in the account. 17.93.1 Be.qinning with tax year 2004 and thereafter, employees may no longer receive a portion of the Sick Leave Trust Fund amount and shall be paid any remaining balance only upon separation from City service." BE IT FURTHER RESOLVED that the effective date of this Resolution shall be the date this Resolution is adopted by City Council. AND, BE IT FURTHER RESOLVED that, except as amended herein, Resolution No. 92R-17 shall remain in full force and effect. I:\VKILMUR\OT2828VK.DOC THE FOREGOING RESOLUTION is approved and adopted by the City Council this day of Decembez: , 2003. MAYOR OF THE CITY :_IM A"I-I'EST: /6~ CLECRK OF~THE CITY OF ANAHEIM APPROVED AS TO FORM: I:~VKILMUR\OT2828VK.DOC LETTER OF UNDERSTANDING between the ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION and the CITY OF ANAHEIM The Anaheim Municipal Employees Association (AMEA), General Employees and Clerical Employees, and the City of Anaheim (ANAHEIM) after meeting and conferring, have reached an understanding to amend Article 39.10 (Sick Leave) of the Memorandums of Understanding between the Parties, dated September 29, 2000 through January 1, 2004, to reflect a change in the manner in which employees may cash in their sick leave trust fund account. The PARTIES have reached an understanding as follows: Article 39.10 of the Memorandums of Understanding between the AMEA and ANAHEIM will be amended, effective the first pay period following City Council approval of this Letter of Understanding, as follows: 39.10 Effective December 19, 1980 accrued Sick Leave hours shall be entered in a new Sick Leave plan and regular full-time employees with an average regular workweek of forty (40) hours who were employees as of that date, shall have up to one hundred seventy-five (175) hours transferred to the usable Sick Leave account. The remainder (over 175 hours) shall be credited as follows: seventy-five percent (75%) to be reported as service credit at retirement; twenty-five percent (25%) converted to cash value at the employee's current (December 19, 1980) regular hourly rate of pay and paid with interest at retirement, layoff or to their beneficiary, as designated by Public Employee's Retirement System records if the employee dies while employed. 39.10.1 Employees who retire shall receive service credit for all hours up to one hundred seventy-five. 39.10.2 An employee who has more than ten (10) years of continuous City service may elect ....... ~ ~-'~"~ ....... to receive all or a portion of their Employee Sick Leave Trust Fund amount. '"'~ ......... ~ Such payments m~y ~ ~"^~^~ ~ e~ shall be paid in cash by separate check subject to standardized withholding taxes. When partial payment is requested, the amount shall not be less than 25% of the balance, and a maximum of four (4) such partial payments shall be allowed with the fourth payment paying the entire remaining balance in the account. 39.;LO.2.:L Beqinninq with tax year 2004 and thereafter, employees may no Ionqer elect to receive a portion of the Sick Leave Trust Fund amount and shall be paid any remaininq balance only upon separation from City service. This Agreement constitutes the entire Agreement between the PARTIES. No modification of this Agreement shall be valid unless in writing and signed by the PARTIES. Any representation, warranty, promise, or statement of information shall not bind the PARTIES unless it is specifically set forth in this Agreement. 11/20/2003 The PAR'I-~E$ to this Agreement have read this Agreement and are signing it voluntarily, with full knowledge of its significance, acknowledging a full understanding of the contents contained herein. STAFF OFFICIALS of the CITY OF ANAHEIM, a Municipal Corporation By: ~ By: Dated :~.Z~ ~ ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, General and Clerical Employees 2 LETTER OF UNDERSTANDING between the ANAHEIM POLICE ASSOCIATION and the CITY OF ANAHEIM The Anaheim Police Association (APA), and the City of Anaheim (ANAHEIM) after meeting and conferring, have reached an understanding to amend Article 43 (Sick Leave) of the Memorandum of Understanding between the Anaheim Police Association and the City of Anaheim, dated ]anuary 19, 2001 through 3anuary 13, 2005, to reflect a change in the manner in which employees may cash in their sick leave trust fund account. The PARTIES have reached an understanding as follows: 1. APA and Anaheim agree that effective the first pay period following City Council approval of this Letter of Understanding, Article 43 shall be amended as follows: ARTICLE 43 LEAVE 43.1 Effective December 19, 1980, accrued sick leave hours shall be entered in a new sick leave plan and regular full-time employees with an average regular work week of forty (40) hours who were employees as of that date shall have up to one hundred seventy-five (175) hours transferred to the usable sick leave account. The remainder (over 175 hours) shall be credited as follows: seventy-five percent (75%) to be reported as service credit at retirement; twenty-five percent (25%) converted to cash value at the employee's current (December 19, 1980) regular hourly rate of pay and paid with interest at retirement, layoff or to his or her beneficiary, as designated by Public Employee's Retirement System records if the employee dies while employed. 43.1.1 An employee who has more than five (5) years of continuous City service and is age 50 or older may elect ....... ~' """'"'~ ....... ,~, ,,.~ ,~u,.,, ,.u,,-, ,~, 1'-~, to receive all or a portion of his or her Employee Sick Leave Trust Fund amount. When partial payment is requested, the amount shall not be less than 25% of the balance, and a maximum of four (4) such partial payments shall be allowed with the fourth payment paying the entire remaining balance in the account. ~Beqinninq with tax year 2004 and thereafter, emolovees may no longer elect to receive a portion of the Sick Leave Trust 1 8/26/2003 Fund amount and shall be paid any remaininq balance only upon separation from City service. 2. This Agreement constitutes the entire Agreement between the PART[ES. No modification of this Agreement shall be valid unless in writing and signed by the PARTIES. Any representation, warranty, promise, or statement of information shall not bind the PARTIES unless it is specifically set forth in this Agreement. 3. The PARTIES to this Agreement have read this Agreement and are signing it voluntarily, with full knowledge of its significance, acknowledging a full understanding of the contents contained herein. STAFF OFFZ(;:ZALS of the CZTY OF ANAHE:[F4 POLZCE ASSOCZATZON ANAHEIIq,By: ~a~ ~/~.a Hunici~al Corporation_ By' //t~ ?~/~c~, By: Dated: Dated' ~' Z~l 201~.~ 2 8/26/2003 LE1-FER OF UNDERSTANDING between the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47 and the CITY OF ANAHEIM The International Brotherhood of Electrical Workers, Local 47, (IBEW), and the City of Anaheim (ANAHEIM) after meeting and conferring in good faith have reached an understanding to amend Article 40.10 of the Memorandum of Understanding between them dated July 21, 2000, through July 27, 2005, to reflect a change in the manner in which employees may cash in their sick leave trust fund account. The PAR'I~ES have reached an understanding as follows: Article 40.10 of the Memorandum of Understanding between the IBEW and ANAHEIM will be amended, effective the first pay period following City Council approval of this Letter of Understanding, as follows: 40.10 40.10.1 40.10.2 Effective December 19, 1980, accrued sick leave hours shall be entered in a new Sick Leave Plan and regular full-time employees with an average regular workweek of forty (40) hours who were employed as of that date shall have up to one hundred seventy-five (175) hours transferred to the usable Sick Leave account. The remainder (over 175 hours) shall be credited as follows: seventy-five percent (75%) to be reported as service credit at retirement; twenty-five percent (25%) converted to cash value at the employee's current (December 19, 1980) regular hourly rate of pay and paid with interest at retirement, layoff or to his/her beneficiary, as designated by Public Employee's Retirement System records if the employee dies while employed. Employees who retire in calendar year 1984 or thereafter shall receive service credit for all hours up to one hundred seventy-five. An employee who has more than ten (10) years of continuous City service may elect oncc each cale"ndar ye. ar to receive all or a portion of his/her Employee Sick Leave Trust Fund amount. '~'~..,,,.,, ......... ,,.,~,.~,,.,,,~'~ such payments may ~ A:.,~..~.~ ~.. ~ .... , ..... ,~ ~ .... ~ ~ ....... ~ ....... ~ '";~;~ '~;~ ~'~ ~"' ...... b paid by .~.~,,~, ..,.,,,, ....... .~ ~...,,~,,~ .~ ,... ~, shall e in cash separate check subje~ to standardized withholding taxes. When pa~ial payment is requested, the amount shall not be less than 25% of the balance, and a maximum of four (4) such pa~ial payments shall be 8/26/2003 allowed with the fourth payment paying the entire remaining balance in the account. 40.10.2.1 Beqinninq with tax year 2004 and thereafter, employees may no Ionqer elect to receive a portion of the Sick Leave Trust Fund amount and shall be paid any remaininq balance only upon separation from City service. 2. This Agreement constitutes the entire Agreement between the PARTIES. No modification of this Agreement shall be valid unless in writing and signed by the PARTIES. Any representation, warranty, promise, or statement of information shall not bind the PARTIES unless it is specifically set forth in this Agreement. 3. The PARTIES to this Agreement have read this Agreement and are signing it voluntarily, with full knowledge of its significance, acknowledging a full understanding of the contents contained herein. STAFF OFFICIALS of the CITY of International .Brotherhood of ANAH EI M~ a Mun ici pal Corporation Electrical Wo~r~ By: ~ By: By: Dated:// 8/26/2003 LE1-FER OF UNDERSTANDING between the ANAHEIM FIREFIGHTERS ASSOCIATION, LOCAL NO, 2899 and the CITY OF ANAHEIM The City of Anaheim ("ClTY'~ and the Anaheim Firefighters Association, Local No. 2899, ("AFA'~ after meeting and conferring, have reached an understanding to amend Article 36.8 of the Memorandum of Understanding between the parties dated July 1, 2001 through .lune 30, 2005, to reflect a change in the manner in which employees may cash in their sick leave trust fund account. The PARTIES have reached an understanding as follows: 1. Article 36.8 will be amended, effective the first pay period following City Council approval of this Letter of Understanding, as follows: 36.8 In the event that an employee becomes ill during working hours and is placed on paid sick leave prior to the close of the workday, such paid sick leave shall be calculated to the nearest hour. 36.8.1 An employee who has more than ten (10) years of continuous City service may elect oncc ~' ~'~"'~ ....... .............. 7,-~, to receive all or a portion of his or her Employee Sick Leave Trust Fund amount. ,A,~.,,,~,, ,,.,~,,,.~,,.,,,~ Such ....... ~ '"~- ~^ '=~*' ^'~'~""~'^~ ~"' ...... shall be paid by separate check subject to standardized withholding taxes. When partial payment is requested, the amount shall not be less than twenty five percent (25%) of the balance, and a maximum of four such partial payments shall be allowed, with the fourth payment paying the entire remaining balance in the account. 36.8.2.1 Bec~innincl with tax year 2004 and thereafter, employees may no IQnqer elect tO receive a pgrtion of the Sick [_e~ve TrqJst Fund amount and shall be paid any remaininq balance Qnly upon sez)aration from City 11/21/2003 1 This Agreement constitutes the entire Agreement between the PARTIES. No modification of this Agreement shall be valid unless in writing and signed by the PARTIES. Any representation, warranty, promise, or statement of information shall not bind the PARTIES unless it is specifically set forth in this Agreementi The PARTIES to this Agreement have read this Agreement and are signing it voluntarily, with full knowledge of its significance, acknowledging a full understanding of the contents contained herein. STAFF OFFZCZALS of the CZTY OF ANAHETM, a Municipal Corporation ANAHEZM FTREFI'GHTERS ASSOCZATZON, Local No. 2899 By: .~~. ~ By: By: By: Dated: 11/21/2003 2 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-235 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of December 2003, by the following vote of the members thereof: AYES: MAYOPJCOUNCIL MEMBERS: Pringle, Tait, Chavez, Hernandez, McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ! CITY CEERK c~F THE CITY OF ANAHEIM (SEAL)