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HomeMy WebLinkAboutReso 2016-136 - Redding Police Managers RESOLUTION NO. 2016-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDDING AND THE REDDING POLICE MANAGERS ASSOCIATION EMPLOYEES RELATIVE TO THE CONDITIONS OF PAYMENT FOR HOLIDAY PREMIUM PAY WHEREAS, Redding Police Managers 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 Police Managers Association Employees, where wages, hours, and terms and conditions of employment were set and approved by City Council effective June 7, 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. 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 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 Police Managers Association Employees to include language indicating the conditions for calculation and payment of holiday premium pay, the City of Redding will be in compliance with California Code of Regulations §571; and WHEREAS, the City of Redding and Redding Police Managers Association Employees Q.) agreed to and approved the amendment to the Memorandum of Understanding to comply with G California Code of Regulations §571 to include language indicating the conditions for calculation and payment of holiday premium pay as follows: 6 Article 12:Hours and Overtime 12.4 (a) Overtime. Exempt employees shall not receive any compensation for overtime work, except for c employees who are eligible to receive one and one-half(1' ) times their regular pay when assigned to perform service on a non-work day or beyond normal work hours. The foregoing provision shall only apply when such service is eligible for reimbursement through the State of California or the Federal government, regardless of the actual amount reimbursed to the City, if any. This provision shall also apply to hours worked on programs that are pre-approved for finding through a State or Federal grant if a supervisor's service is required by the grant or by police management. In either case, police management must approve the overtime prior to the employee being eligible for the overtime. 12.4 (b) 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. Article 21:Holidays 21.1 Regular employees may be scheduled to work on the holidays listed below. Employees will be compensated at the regular rate of pay for all time worked on such days, and for those specifically scheduled to work on a fixed holiday, the holiday will be deferred at a rate of one-half(1/2) hour for each hour worked(up to 6 hours deferred): HOLIDAY FIXED OR A January IS` Fixed _B The third Mondayin January, known as Martin Luther King,Jr. Day Fixed C Lincoln Day Floating D The third Monday in February, known as President's Day Fixed E The last Monday in May, known as Memorial Day Fixed F July 4" Fixed G First Monday in September, known as Labor Day Fixed H Employee's Birthday Floating _I The second Monday in October, known as Columbus Day Floating J November 11th, known as Veteran's Day Floating K Thanksgiving Fixed L Friday after Thanksgiving Fixed M The last half of the normal work shift before Christmas Fixed N December 25`h Fixed 21.2 An employee may observe the employee's birthday holiday on the employee's birthday or anytime during the pay period in which the birthday occurs, or the holiday 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. Birthday holiday pay is not considered reportable 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 Police Managers 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. 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 WE R, Mayor ATTEST: FORM APPROVAL: `1 PAMELA MIZE, City Clerk ARR E. De T, City Attorney