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HomeMy WebLinkAboutReso 2016-135 - RPOA RESOLUTION NO. 2016-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDDING AND THE REDDING PEACE OFFICERS ASSOCIATION EMPLOYEES RELATIVE TO THE CONDITIONS OF PAYMENT FOR HOLIDAY PREMIUM PAY AND CANINE OFFICER INCENTIVE PAY WHEREAS, Redding Peace Officers Association Employees has been recognized as the majority representative of an appropriate unit of employees; and WHEREAS, the designated representatives of the City of Redding have conferred with and entered into a Memorandum of Understanding with the designated representatives of Redding Peace Officers Association Employees, where wages, hours, and terms and conditions of employment were set and approved by City Council effective April 19, 2016 as required by the provisions of the Meyers-Milias-Brown Act of 1968; and WHEREAS, California Code of Regulations §571 defines special compensation and requires the written labor agreement contain language indicating the conditions for calculation and payment of holiday premium pay and Canine Officer incentive pay. Further, Ca1PERS has advised that labor agreements need to contain detailed language on how regular rate of pay is calculated, as the calculation impacts holiday premium pay and Canine Officer incentive pay; and WHEREAS, California Code of Regulations §571 further specifies the special compensation be contained in a written labor policy or agreement and duly approved and adopted by the City of Redding's governing body. By amending the Memorandum of Understanding between the City of Redding and Redding Peace Officers Association Employees to include language indicating the conditions for calculation and payment of holiday premium pay and Canine Officer incentive pay, the City of Redding will be in compliance with California Code of Regulations §571; and WHEREAS, the City of Redding and Redding Peace Officers Association Employees agreed to and approved the amendment to the Memorandum of Understanding to comply with California Code of Regulations §571 to include language indicating the conditions for calculation and payment of holiday premium pay and Canine Officer pay as follows: 0 Article 9:Hours and Overtime 9.5(a) Overtime. Overtime compensation shall be paid at a rate equivalent to one and one-half (11/2) times the regular rate of pay or, at the employee's option, the employee may elect to receive compensatory time off (CTO) with pay at the rate of one and one-half (1 '/2) hours off for each overtime hour worked. Regular Rate of Pay. Items included in determining the regular rate of pay for purposes of calculating overtime, retirement and other regular pay calculations (i.e. holiday pay) shall include the pay rate as established in the pay range by the employee's classification, education incentive pay, bilingual pay incentive, and shift differential pay, as applicable to each individual employee covered under this MOU. 9.10 Canine Officers shall be compensated for and required to spend one-half(1/2) hour per day in the routine care and maintenance of their police dog. Whenever it becomes necessary for the Canine Officer to perform extraordinary care and maintenance service with their dog, with prior City approval, the Canine Officer shall receive compensation in addition to the regularly scheduled one- half(1/2) hour per day. Compensation shall not include veterinarian fees, feed or other reimbursable expenses for upkeep of the animal. Per California Code of Regulations (CCR) 571(b) Canine incentive pay performed outside of normal hours/days of employment will not be reported as special compensation to Ca1PERS. Canine Pay is calculated by the following example: Effective June 19, 2016: j($ 14.96 Canine Officer Hourly Pay Rate + Education Incentive %) Canine Officer Incentive Pay for *1.51/2 = Rate for ' hour per day. Care and Maintenance Only Article 17:Holidays 17.1 Regular employees, may be scheduled to work on the holidays listed below. Employees will be compensated at one and one-half(11/2) times the regular rate of pay the overtime rate of pay for all time worked on such days. For non-shift employees, the following holidays will require usage of leave accrual balances: New Year's Day, Thanksgiving Day and Christmas Day. Non-shift employees may choose to work or use leave accrual balances on any other holiday. NORMAL SHIFT HOLIDAYS HOURS 8 9 10 A January 15t X X X B The third Monday in January, known as Martin Luther King, Jr. Day X X X C Lincoln Day X X X D The third Monday in February, known as President's Day X X X E The last Monday in May, known as Memorial Day X X X F July 4`h X X X G First Monday in September, known as Labor Day X X X H The second Monday in October, known as Columbus Day X X X I November 11th, known as Veteran's Day X X X J Thanksgiving X X X K Friday after Thanksgiving. X X L The last half of the normal work shift before Christmas. X X M December 25th X X X TOTAL HOLIDAY HOURS PER CALENDAR YEAR 100 112.5 110 "X" means the holiday is observed If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as the holiday, except by those employees who are regularly scheduled to work on Sunday other than on an overtime basis. If any of the foregoing holidays fall on a Saturday, the preceding Friday shall be observed as the holiday, except by those employees who are regularly scheduled to work on Saturday other than on an overtime basis. Departmental minimum staffing levels on all of the above listed holidays is required to ensure appropriate public safety services to the citizens of the City of Redding. Notwithstanding the foregoing, an employee may take off, with pay, on his or her birthday or anytime during the pay period in which the birthday occurs, or the birthday may be deferred and scheduled as vacations are normally scheduled. When an employee works on their birthday, the employee shall receive pay at the regular rate of pay. Employees must be in a paid status on both scheduled workdays immediately adjacent to the day taken as birthday holiday in order to receive pay for the holiday. Birthday holiday pay is not considered reportable special compensation and will not be reported to Ca1PERS. WHEREAS, the City Council deems it to be in the best interest of the City to adopt such recommendation; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council that the City shall approve the amendment to the Memorandum of Understanding between the City of Redding and Redding Peace Officers Association Employees to reflect the statutory requirement of California Code of Regulations §571 to include language indicating the conditions for calculation and payment of holiday premium pay and Canine Officer incentive pay. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 20th day of December, 2016, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan,Winter, & Weaver NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BRENT WEAVER, Mayor ATTEST: FORM APPROVAL: c tJ/ICP6 )4 (�' PAMELA MIZE City Clerk RR .DT City Attorney