HomeMy WebLinkAboutReso 38-20 Adopting Amendment No. 1 to MBPOA MOU 2018-20RESOLUTION NO. 38-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING AMENDMENT NO. 1
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MORRO BAY
AND THE MORRO BAY PEACE OFFICERS' ASSOCIATION,
FOR THE PERIOD OF JULY 1, 2018 THROUGH JUNE 30, 2020
THE CITY COUNCIL
City of Morro Bay California
WHEREAS, the City of Morro Bay (hereinafter the "City") has, and continues to, recognize
the Morro Bay Peace Officers Association ("POA") as the sole exclusive bargaining agent for
those City employees designated as being in the Law Enforcement Unit, including the
classifications of Police Officer, Senior Officer, and Sergeant, for all matters concerning wages,
hours and working conditions; and
WHEREAS, the current Memorandum of Understanding between the City and the POA
("POA MOU 2018-2020"), which was duly approved by the City Council on September 11, 2018,
is set to expire on June 30, 2020; and
WHEREAS, the California Governor on March 4, 2020 proclaimed a State of Emergency
to exist in California due to the COVID-19 pandemic, and
WHEREAS, the President of the United States on March 13, 2020 declared the outbreak
of COVID-19 in the United States constituted a national emergency; and
WHEREAS, on March 13, 2020, the San Luis Obispo County Emergency Services
Director issued a Proclamation of Local Emergency due to the spread of COVID-19 in the
County of San Luis Obispo; and
WHEREAS, on March 14, 2020, the Morro Bay City Manager proclaimed a declaration
of the existence of a local emergency within the City of Morro Bay due to the threat posed to the
City from COVID-19, and that declaration was subsequently ratified by the City Council on
March 19, 2020; and
WHEREAS, the City and POA have met and conferred to negotiate the terms of a limited
extension of duration and term of the POA MOU 2018-20 along with a temporary salary
reduction in light of the COVID-19 pandemic; and
WHEREAS, the City and POA have agreed to the following: i) effective May 2, 2020, the
base salary for each employee represented by POA shall be reduced in the amount of five
percent (5%) and ii) the term of the POA MOU 2018-2020 shall be extended from June 30, 2020
until December 31, 2020; and
WHEREAS, the City's labor relations representatives and POA representatives desire to
memorialize this agreement by means of an amendment to the POA MOU 2018-2020
("Amendment No. 1' ), pursuant to both the Meyers-Milias-Brown Act ("MMBA") (Gov't Code
Section 3500-3511) and the City's Employer -Employee Relations Resolution, Resolution No.
08-17; and
WHEREAS, pursuant to Gov't Code § 3505.1, the City Council must approve the terms
of any memorandum of understanding or amendment thereto reflecting an agreement between
the City and POA.
N OW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay,
California, as follows:
S ection 1. The Amendment No. 1 to the POA MOU 2018-2020, attached hereto as
Exhibit "A," is hereby approved.
S ection 2. Except as expressly provided in the Amendment No. 1 to the POA MOU
2018-2020, all other provisions of the POA MOU 2018-2020 shall remain in full force and effect.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a special meeting
thereof held on the 28th day of April 2020 by the following vote:
AYES. Headding, Addis, Davis, McPherson
NOES: Heller
ABSENT: None
JOHN H ; t D ayor
ATTEST:
rA1A/ MA$1r
NA SWANSON, City Clerk
AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN TI lE CITY OF' MORRO BAY AND THE MORRO BAY PEACE
OFFICERS' ASSOCIATION, FOR THE PERIOD OF
JULY 1, 2018 THROUGH JUNE 30, 2020
WHEREAS, the City of Morro Bay (hereinafter the "City') has, and continues to, recognize
the Morro Bay Peace Officers' Association ("POA") as the sole exclusive bargaining agent for
those City employees designated as being in the Law Enforcement Unit, including the
classifications of Police Officer, Senior Officer, and Sergeant for all matters concerning wages,
hours and working conditions; and
WHEREAS the current Memorandum of Understanding between the City and the POA
("POA MOU 2018-2020"), which was duly approved by the City Council on September 11, 2018,
is set to expire on June 30, 2020; and
WHEREAS, the California Governor on March 4, 2020 proclaimed a State of Emergency to
exist in California due to the COVID-19 pandemic; and
WHEREAS, the President of the United States on March 13, 2020 declared the outbreak of
COVID-19 in the United States constituted a national emergency; and
WHEREAS, on March 13, 2020, the San Luis Obispo County Emergency Services
Director issued a Proclamation of Local Emergency due to the spread of COVID-19 in the County
of San Luis Obispo; and
WHEREAS, on March 14, 2020, the Morro Bay City Manager proclaimed a declaration of
the existence of a local emergency within the City of Morro Bay due to the threat posed to the City
from COVID-19, and that declaration was subsequently ratified by the City Council on March 19,
2020; and
WHEREAS, the City and POA have met and conferred to negotiate the terms of an extension
of the duration and term of the POA MOU 2018-20 and a temporary salary reduction in light of
the COVID-19 pandemic; and
WHEREAS, the City and POA have agreed to the following: i) effective May 2, 2020,
through December 31, 2020, the base salary for each employee represented by the POA shall be
reduced in the amount of five percent (5%) and ii) the term of the POA MOU 2018-2020 shall be
extended from June 30, 2020 until December 31, 2020; and
WHEREAS, the City's labor relations representatives and POA representatives desire to
memorialize this agreement by means of an amendment to the POA MOU 2018-2020
("Amendment No. 1"), pursuant to both the Meyers-Milias-Brown Act ("MMBA") (Go Code
Section 3500-3511.) and the City's Employer -Employee Relations Resolution, Resolution No, 08-
17; and
WHEREAS, the Amendment No. 1 was ratified by the POA on April 20, 2020; and
WHEREAS, this Amendment No. 1 shall not be in full force and effect until adopted by
resolution by the City Council of the City; and
WHIREAS, except as provided in this Amendment No. 1, all other provisions of the POA
MOU 2018-2020 shall remain in full force and effect.
NOW, TI-IEREFORE, it is hereby agreed that the POA MOU 2018-2020 are amended in the
following particulais only•
Section 1. Article 7 of the POA MOU 2018-2020, entitled "Term," shall be amended
to read in its entirety as follows:
"ARTLCLE 7- TERM
Except as otherwise specifically provided herein, the term of this MOU shall be from July 1,
2018, through December 31, 2020. '
Section 2. A new section 18.7 is added to Article 18 of the POA MOU 2018-2020,
entitled "Salaries," to read as follows:
"18.7 Effective May 2, 2020 through December 31, 2020, the base salaries then in effect
for all employees shall be reduced by the amount of five percent (5%).
18.8 The City will defer the 5% salary reduction for any member who submits written
notification to the City on or before May 1, 2020 of their intention to retire by August 31,
2020, In the event the employee reconsiders and does not ►etire by August 31, 2020 the
previously waived salary reduction amount shall be imposed along with the remaining 5%
salary reduction over the remaining contract period."
Section 3. City will provide lump sum cash paybacks to employees in October 2020,
upon review of the following information and should either or both of the following conditions
exist:
1. To the extent that the City closes FY 2019/20 with these already budgeted revenues
over expenditures, excluding Stimulus relief as described in #2 below, a lump sum
distribution to emplo)ees, will be discussed and determined during the October
financial update to the POA.
2. City receives Stimulus relief fir projected loss revenue (at least covering 50% of the
protected or actual loss in revenue from the pandemic from the key revenue sources of
sales tax Transient Occupancy Tax (` TOT"), and permit revenues). This is stimulus
relief funds not to be confused with FEMA reimbursements for expenses incurred for
response related efforts. If stimulus relief is provided, 10% of the amount received
will be divided equally by the number of full-time equivalent employees then working
at the City and paid to Unit members in the thrm of a one -time -lump sum payment not
to exceed the salary reduction amount experienced by each employee.
2
The City commits to providing a financial update with FY 2019/20 year-end closure results
to the 1'OA on October 15, 2020, to determine the amount of the lurnp sum payback, if
any. These projections will provide more detail as to the actual impacts of COVID-19 on
City revenues, as well as FY 2019/20 actual year-end closure results, and will provide a
1
basis for possible lump sum repayments as well as contract discussions for negotiation
purposes for contract beginning January 1, 2020.
The City and sniff recognize that these are unprecedented times with a number of large
variables not being clearly defined. We committed to working with our employee groups
Y p
and, through discussions, providing a clear picture of the City's finances and probability
o l' salary paybacks.
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Section 4, In order to reflect salary reductions implemented by this Amendment No.
1, a new Attachment "A-1" shall be added to the POA MOU 2018-2020, which is attached hereto
and incorporated herein by this reference,
Section 5. Except as expressly provided in this Amendment No. 1, all other provisions
of the POA MOU 2018M2020 shall remain in full force and effect.
Section 6 This Amendment No, 1 shall not be in hill force and effect until adopted by
resolution by the City Council of the City.
A
IT IS SO AGREED:
MORRO I3AY PEACE OFFICERS' CITY OF MORRO BAY
ASSOCIATION
Will Marvos, President
.,
Abel. a ',v..
tacic Casabian, Chief Labor Negotiator Colin J, Tanner, Deputy City
a r
Scot 1T's, C:ily M��ger
Representative
Attorney/Labor Negotiator
avt,Shim-Ser''
Dana Swanson, City Clerk
3
CITY OF MORRO BAY
SALARY SCHEDULE
POLICE DEPARTMENT
May 2, 2020 - December 31, 2020
S ergeant
S pecial Office Assignn
School Resource
Detective
Senior
Police Officer
Total
Step
6
5
4
3
2
1
6
5
4
3
2
1
6
5
4
3
2
1
P ositions in BOLD are filled and budgeted
-5.00%
Annual
$98,762
$94,059
$89,580
$85,314
$81,251
$77,188
$83,153
$79,194
$75,422
$71,831
$68,410
$64,989
$79,193
$75,422
$71,830
$68,410
$65,152
$61,894
Salary rollback
Monthly
$8,230.17
$7,838.25
$7,465.00
$7,109.50
$6,770.92
$6,432.33
$6,929.42
$6,599.50
$6,285 17
$5,985.92
$5,700.83
$5,415.75
$6,599.42
$6,285.17
$5,985.83
$5,700.83
$5,429.33
$5,157.83
Biweekly
$3,798.54
$3,617.65
$3,445.38
$3,281 31
$3,125.04
$2,968.77
$3,198.19
$3,045.92
$2,900.85
$2,762.73
$2,631.15
$2,499.58
$3,045.88
$2,900.85
$2,762.69
$2,631.15
$2,505.85
$2,380.54
Hourly
$47.48
$45.22
$43.07
$41.02
$39.06
$37.11
$39.98
$38.07
$36.26
$34.53
$32.89
$31.24
$38.07
$36.26
$34.53
$32.89
$31.32
$29.76