RES-2020-107 RESOLUTION NO. 2020 - 107
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ADOPTING A
LETTER OF UNDERSTANDING
BETWEEN THE CITY OF ANAHEIM AND
THE ANAHEIM FIREFIGHTERS ASSOCIATION
CONCERNING HOLIDAY PAY
WHEREAS, the City of Anaheim ("City") and the Anaheim Firefighters Association, Local
2899, ("AFA") executed a Memorandum of Understanding ("MOU") on wages, benefits, and other
terms and conditions of employment for employees represented by the AFA on July 10, 2019; and
WHEREAS, Article 29, Holidays, of the MOU provides for additional compensation in-lieu of
paid time off for holidays; and
WHEREAS, the City was notified by the California Public Employees Retirement System
("Ca1PERS")that Article 29 did not fully meet California Code of Regulations 20636 requirements for
the reporting of special compensation in a labor agreement; and
WHEREAS, a Letter of Understanding ("LOU") is required to clearly indicate the conditions
for reporting special compensation in a labor agreement; and
WHEREAS, the City and AFA have met and conferred in good faith on the terms of the LOU;
and
WHEREAS, as a result thereof, a LOU dated August 28, 2020 between the parties has been
prepared and signed; and
WHEREAS, the changes incorporated in the LOU are reflective of previous and current
practice; and
WHEREAS, the City Council of the City of Anaheim finds that approval of the LOU between
the City of Anaheim and the AFA is in the best interest of the City of Anaheim.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that the
LOU dated August 28,2020 between the City of Anaheim and AFA, a copy of which is attached hereto
and incorporated by reference herein, is hereby approved.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 15`x' day of September, 2020, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman,
Moreno, Kring, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
4 ,0,1 / 1x _
M /'.R'. v Y li' NAHEIM
ATTEST:
Y CLERK O THE CITY OF ANAHEIM
LETTER OF UNDERSTANDING between the
ANAHEIM FIREFIGHTERS ASSOCIATION, Local No. 2899
and the
CITY OF ANAHEIM
The Anaheim Firefighters Association, Local No. 2899("AFA")and the City of Anaheim
("ANAHEIM"),agreed to a Memorandum of Understanding("MOU")for the period July 1,2015
through June 29, 2017 ("2015-17 MOU"), on terms and conditions of employment for employees
represented by the AFA. Following expiration of the 2015-17 MOU,AFA and ANAHEIM agreed
on a successor MOU, for the period July 1, 2017 through June 23, 2022 ("2017-22 MOU").
Article 29 - Holidays, of the AFA MOU provides employees in certain classifications additional
compensation in-lieu of holiday time off. This "in-lieu"pay is reportable to the California Public
Employees Retirement System(PERS)as special compensation per Title 2 CCR section 571(a)(5).
ANAHEIM was recently notified by PERS that Article 29 of the AFA MOU did not fully comply
with Government Code section 20636,which stipulates that special compensation must be reported
pursuant to a labor agreement. According to PERS, providing in-lieu pay at the "regular hourly
rate of pay", as stated in Article 29, is unclear and not in compliance.
AFA and ANAHEIM have met and conferred and reached a tentative agreement on modifying
ARTICLE 29 - Holidays, to the 2015-17 MOU and 2017-22 MOU, for the purpose of clarifying
the meaning of"regular hourly rate of pay"as it pertains to reporting in-lieu pay. Upon ratification
by the City Council of the City of Anaheim, AFA and ANAL IEIM agree to the following:
Article 29, holidays, of the 2015-17 MOU and 2017-2022 MOU, shall be amended to add the
following provision:
29.6 For purposes of this ARTICLE, regular hourly rate of pay as referenced in
ARTICLE 29.4 shall be defined as the base hourly wage plus the hourly assignment
pay. including but not limited to, paramedic, 40-hour staff assignment, SWAT,
hazardous materials, USAR, fire/arson investigator, and training assignment.
The effective date of the amendment will be retroactive to July I, 2015.
STAFF OFFICIALS of the CITY OF ANAHEIM FIREFIGHTERS
ANAHEIM,a Municipal Corporation ASSOCIATION, LOCAL No. 2899
AIO f iA. '� By: p4.-
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Date Date
8/27/20
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2020-107 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 15th day of September, 2020 by the following vote of the members
thereof:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno,
Kring, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of September, 2020.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)