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RES-2020-108 RESOLUTION NO. 2020 - 108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM FIREFIGHTERS ASSOCIATION AND THE CITY OF ANAHEIM CONCERNING VACATION ACCRUALS 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 AFA on July 10, 2019; and WHEREAS, Article 36, Paid Leave Time, of the MOU increased paid time off accrual rates as a result of MOU negotiations for employees who work an average regular work week of fifty-six (56)hours; and WHEREAS, Article 35, Vacation, of the MOU provides for vacation leave time for employees who work forty (40)hours per week; and WHEREAS, Article 35, Vacation, of the MOU was inadvertently not contemplated by the City and AFA during MOU negotiations resulting in an inequitable proportional accrual of paid leave for employees assigned to work forty (40) hour per week assignments; and WHEREAS, the City and AFA have met and conferred in good faith on the terms of the Letter of Understanding("LOU") to correct the issue; and WHEREAS, as a result thereof, a LOU dated July 27, 2020 between the parties has been prepared and signed; and WHEREAS, the City Council of the City of Anaheim finds 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 LOU dated July 27, 2020 between AFA 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 15`h 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 411/4 , A,. 1 _ • • s , I 'sr ; ANAHEIM ATT CITY CLERK 0 THE CITY OF ANAHEIM LETTER OF UNDERSTANDING between the ANAHEIM FIREFIGHTERS ASSOCIATION, Local 2899 and the CITY OF ANAHEIM The Anaheim Firefighters Association, Local 2899 ("AFA") and the City of Anaheim ("ANAHEIM") reached a tentative agreement for a successor Memorandum of Understanding ("MOU") in June 2019, and the MOU was approved by the City Council of the City of Anaheim on July 16, 2019. One of the MOU changes that was agreed to by AFA and ANAHEIM was an increase of paid leave accruals for employees who work fifty-six (56) hours per week. AFA and ANAHEIM inadvertently did not contemplate a proportional increase in paid leave accruals for employees who work forty(40)hours per week. This has resulted in an inequitable accrual of paid leave time for employees assigned to work forty (40) hour assignments. AFA and ANAHEIM have met and conferred and reached tentative agreement on modifying ARTICLE 35 — Vacation of the Memorandum of Understanding between AFA and ANAHEIM dated July 1, 2017 through June 23, 2022. Specifically, upon ratification by the City Council of the City of Anaheim, AFA and ANAHEIM agree to the following: 1. Vacation accrual rates listed in Article 35 will be increased by one and a quarter(1.25) hours per bi-weekly pay period. The maximum amount of vacation that may be accumulated will be adjusted accordingly to reflect two (2) times the annual accrual amount. 2. The updated vacation accrual rates will be effective the pay period beginning July 26, 2019. 3. Article 35.1 will be modified to read: 35.1 Regular, full-time employees in the classified service with an average, regular workweek of forty (40) hours shall receive annual vacation with pay in accordance with the following provisions: 35.1.1 For the first four (4) years of continuous, full-time service, such employees shall accrue paid vacation at the rate of five and a quarter (5.25) hours for each complete bi-weekly pay period plus two (2) hours of paid vacation at the close of the final complete bi-weekly pay period of each fiscal year (138.5 hours or 17.3 working days per year). The maximum amount of vacation that may be accumulated shall be two hundred seventy-seven (277) hours. 35.1.2 Upon completion of four (4) years of continuous, full-time service, such employees shall accrue paid vacation at the rate of six and a quarter(6.25) hours for each complete bi-weekly pay period (162.5 hours or 20.3 working days per year). The maximum amount of vacation that may be accumulated shall be three hundred twenty-five(325) hours. 35.1.3 Upon completion of eight (8) years of continuous, full-time service, such employees shall accrue paid vacation at the rate of seven and a quarter (7.25)hours for each complete bi-weekly pay period(188.5 hours or 23.6 working days per year). The maximum amount of vacation that may be accumulated shall be three hundred seventy-seven (377)hours. 35.1.4 Upon completion of fourteen (14) years of continuous, full-time service, such employees shall accrue paid vacation at the rate of eight and a quarter (8.25)hours for each complete bi-weekly pay period(214.5 hours or 26.8 working days per year). The maximum amount of vacation that may be accumulated shall be four hundred twenty-nine(429)hours. 35.1.5 Upon completion of nineteen (19)years of continuous, full-time service, such employees shall accrue paid vacation at the rate of nine and a quarter (9.25)hours for each complete bi-weekly pay period(240.5 hours or 30.1 working days per year). The maximum amount of vacation that may be accumulated shall be four hundred eighty-one(481)hours. 35.1.6 Upon completion of twenty-four (24) years of continuous, full-time service,such employees shall accrue paid vacation at the rate of ten and a quarter (10.25) hours for each complete bi-weekly pay period (266.5 • hours or 33.3 working days per year). The maximum amount of vacation that may he accumulated shall be five hundred thirty-three(533)hours. STAFF OFFICIALS of the CITY OF ANAHEIM FIREFIGHERS ANAHEIM,a Municipal Corporation ASSOCIATION, LOCAL#2899 By: Au By: rie," By: B)': By: Dated: � Z0 Dated: —1/2,77U:?___ 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. 2020-108 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 O THE CITY OF ANAHEIM (SEAL)