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HomeMy WebLinkAboutPOA MOU July 1 2014 through Dec 31 2015 - Side Letter - Sick LeaveSide Letter Agreement City of National City and National City Police Officers' Association (July, 2015) Pursuant to the provisions of the Meyers-Milias-Brown Act ("MMBA"), effective July 1, 2015, this Side Letter of Agreement is entered into between the City of National City of National City ("City") and the National City Police Officers' Association ("POA") ("Side Letter Agreement") as an amendment to the Memorandum of Understanding ("MOU") effective July 1, 2014 through December 31, 2015. The POA and the City are collectively referred to herein as the "Parties". It is understood and agreed that the specific provisions contained in the Side Letter Agreement shall supersede any previous agreements, whether oral or written, regarding matters contained herein. Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the POA shall remain in full force and effect. The parties have met and conferred in good faith concerning the terms and conditions of this Side Letter Agreement and its implementation and agree that the following language will replace Article 7, Section 4 of the MOU in its entirety. All other sections contained in Article 7 shall remain unchanged. Article 7 Section 1 Sick Leave Defined Sick leave is the necessary absence from duty of an employee and may be approved for: 1. Diagnosis, care, or treatment of the employee's existing health condition or preventive medical or dental care for an employee. 2. The incapacity of the employee while on a scheduled vacation as defined in Section 7 of this Article. 3. Bereavement. 4. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee's family member. For the purposes of using sick leave under this policy only, "family member" shall mean an employee's parent, child, spouse, registered domestic partner, parent -in-law, sibling, grandchild or grandparent. In addition, an employee who is a victim of domestic violence, sexual assault, or stalking may use accrued paid sick leave under this policy for the following reasons: 1. To obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or the victim's child; POA Side Letter — Paid Sick Leave July 1, 2015 Page 1 of 2 2. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; 3. To obtain services from a domestic violence shelter, program, or rape crisis center; 4. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; For the City StaceyStevenson Director of Administrative Services Claudia G. Si va City Attorney For the POA illiam Phillips POA President �l 7 Bradley M. Fields, Esq. POA Attorney POA Side Letter — Paid Sick Leave July 1, 2015 Page 2 of 2 RESOLUTION NO. 2015 — 104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SIDE LETTER AGREEMENT TO ARTICLE 7, SICK LEAVE WITH PAY, OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION WHEREAS, a Side Letter Agreement is necessary to modify Article 7, Sick Leave With Pay, of the Memorandum of Understanding ("MOU") between the City of National City and the National City Police Officers' Association ("POA"), to comply with the provisions of Assembly Bill 1522, the Healthy Workplaces, Healthy Families Act of 2014, which became effective July 1, 2015; and WHEREAS, the proposed modifications, as agreed to by the POA, provide for an expanded definition of family and an expanded category of allowable sick leave uses; and WHEREAS, the MOU currently references Labor Code Section 233 for the definition of family: child, parent, spouse, and domestic partner, but Under AB 1522, the definition is expanded to include parents -in-law, siblings, grandchildren, and grandparents; and WHEREAS, AB 1522 also expands the allowable uses of sick leave to include use by an employee who is the victim of domestic violence, sexual assault, or stalking. WHEREAS, although the sick leave accrual rates established under the current MOU are greater than those established under AB 1522, the accruals will remain the same as previously agreed to by the City of National City and the POA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Side Letter Agreement to Article 7, Sick Leave with Pay, of the Memorandum of Understanding between the City of National City and the National City Police Officers' Association. PASSED and ADOPTED this 4th day of August, 2015. ATTEST: i� s /(N Mic ael R. Dalla, Ci y Clerk PPROVED S TO FORM: udia Gacit ity Attorney on Morrison, lyo Passed and adopted by the Council of the City of National City, California, on August 4, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California N City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-104 of the City of National City, California, passed and adopted by the Council of said City on August 4, 2015. City Clerk of the City of National City, California By: Deputy Cc CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 4, 2015 AGENDA ITEM NO. 2 ITEM TITLE: Resolution of the City Council of the City of National City approving a Side Letter Agreement to Article 7 of the Memorandum of Understanding (MOU) between the City and the National City Police Officers' Association, Sick Leave With Pay. PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: EXPLANATION: The purpose of this Side Letter Agreement is to modify to Article 7 of the Memorandum of Understanding (MOU) between the City and the National City Police Officers' Association (POA), Sick Leave With Pay, in compliance with the provisions Assembly Bill 1522, the Healthy Workplaces, Healthy Families Act of 2014 which became effective July 1, 2015. The proposed modifications, as agreed to by the POA, provide for an expanded definition of family and an expanded category of allowable sick leave uses. The MOU currently references Labor Code Section 233 for the definition of family: child, parent, spouse and domestic partner. Under AB 1522, the definition is expanded to include parents -in-law, siblings, grandchildren and grandparents. AB 1522 also expands the allowable uses of sick leave to include use by an employee who is the victim of domestic violence, sexual assault or stalking. The Side Letter agreement incorporates the above expanded definitions. The sick leave accrual rates established under the current MOU are greater than those established under AB 1522. As such, the accruals will remain the same as previously agreed to by the City of National City and the POA. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution approving Side Letter Agreement to Article 7 of the labor agreement with the National City Police Officers' Association BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Side Letter Agreement Resolution r Olt;,•\O`1 Side Letter Agreement City of National City and National City Police Officers' Association (July, 2015) Pursuant to the provisions of the Meyers-Milias-Brown Act ("MMBA"), effective July 1, 2015, this Side Letter of Agreement is entered into between the City of National City of National City ("City") and the National City Police Officers' Association ("POA") ("Side Letter Agreement") as an amendment to the Memorandum of Understanding ("MOU") effective July 1, 2014 through December 31, 2015. The POA and the City are collectively referred to herein as the "Parties". It is understood and agreed that the specific provisions contained in the Side Letter Agreement shall supersede any previous agreements, whether oral or written, regarding matters contained herein. Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the POA shall remain in full force and effect. The parties have met and conferred in good faith concerning the terms and conditions of this Side Letter Agreement and its implementation and agree that the following language will replace Article 7, Section 4 of the MOU in its entirety. All other sections contained in Article 7 shall remain unchanged. Article 7 Section 1 Sick Leave Defined Sick leave is the necessary absence from duty of an employee and may be approved for: 1. Diagnosis, care, or treatment of the employee's existing health condition or preventive medical or dental care for an employee. 2. The incapacity of the employee while on a scheduled vacation as defined in Section 7 of this Article. 3. Bereavement. 4. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee's family member. For the purposes of using sick leave under this policy only, "family member" shall mean an employee's parent, child, spouse, registered domestic partner, parent -in-law, sibling, grandchild or grandparent. In addition, an employee who is a victim of domestic violence, sexual assault, or stalking may use accrued paid sick leave under this policy for the following reasons: 1. To obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or the victim's child; POA Side Letter — Paid Sick Leave July 1, 2015 Page 1 of 2 2. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; 3. To obtain services from a domestic violence shelter, program, or rape crisis center; 4. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; For the City Stacey Stevenson Director of Administrative Services Claudia G. Silva City Attorney For the POA /')/1. C1/43 Wi iam Phillips POA President Bradley M. Fields, Esq. POA Attorney POA Side Letter — Paid Sick Leave July 1, 2015 Page 2 of 2 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SIDE LETTER AGREEMENT TO ARTICLE 7, SICK LEAVE WITH PAY, OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION WHEREAS, a Side Letter Agreement is necessary to modify Article 7, Sick Leave With Pay, of the Memorandum of Understanding ("MOU") between the City of National City and the National City Police Officers' Association ("POA"), to comply with the provisions of Assembly Bill 1522, the Healthy Workplaces, Healthy Families Act of 2014, which became effective July 1, 2015; and WHEREAS, the proposed modifications, as agreed to by the POA, provide for an expanded definition of family and an expanded category of allowable sick leave uses; and WHEREAS, the MOU currently references Labor Code Section 233 for the definition of family: child, parent, spouse, and domestic partner, but Under AB 1522, the definition is expanded to include parents -in-law, siblings, grandchildren, and grandparents; and WHEREAS, AB 1522 also expands the allowable uses of sick leave to include use by an employee who is the victim of domestic violence, sexual assault, or stalking. WHEREAS, although the sick leave accrual rates established under the current MOU are greater than those established under AB 1522, the accruals will remain the same as previously agreed to by the City of National City and the POA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Side Letter Agreement to Article 7, Sick Leave with Pay, of the Memorandum of Understanding between the City of National City and the National City Police Officers' Association. PASSED and ADOPTED this 4th day of August, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk POLICE OFFICERS ASSOCIATION Side Letter to MOU Esther Clemente (City Clerk) Forwarded Copy of Side Letter to Stacey Stevenson (HR)