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CC SR 20171108 L - RPVEA MOU Second AmendmentRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 11/08/2017 AGENDA HEADING: Consent Calendar Consideration and possible action to amend the City's Memorandum of Understanding with the Rancho Palos Verdes Employee Association to revise the dates upon which employees can cash out their earned but unused vacation leave. RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2017-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE RANCHO PALOS VERDES EMPLOYEE ASSOCIATION. FISCAL IMPACT: None. Amount Budgeted: Included in FY17-18 Adopted Budget Additional Appropriation: None Account Number(s): Various ORIGINATED BY: Mary Bradley, Human Resources Manager M1'-,30, REVIEWED BY: Gabriella Yap, Deputy City Manager }- APPROVED BY: Doug Willmore, City Manager AWL -�l ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2017- (page A-1) BACKGROUND AND DISCUSSION: On July 18, 2017, the City Council adopted Resolution No. 2017-39, which approved the MOU between the City and RPVEA for the period of July 1, 2017, through June 30, 2020 (RPVEA MOU 2017-2020). The new MOU contained provisions regarding the cash out of earned but unused vacation leave and set forth specific dates upon which said cash out could occur. The City has met and conferred with the Association regarding the revision of the dates specified in the MOU and both parties desire to revise the language contained therein as the language is currently too restrictive. The MOU currently provides for four vacation cash out window options, with the next window coming up in December. Employees must submit their vacation cash out request the first week in December and said request, once approved, would be paid out the last paycheck in December. The original intent was for employees to have a cash out 1 option before the holiday break but that is not feasible with the current language. Thus the request to modify the language such that employees can cash out their earned but unused vacation leave prior to December. 2 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE RANCHO PALOS VERDES EMPLOYEE ASSOCIATION WHEREAS, the City of Rancho Palos Verdes (City) has and continues to recognize the Rancho Palos Verdes Employee Association (RPVEA) as the exclusive employee organization representing the City's competitive service; and, WHEREAS, the City labor relations representatives and RPVEA representatives have met and conferred and agreed to revise the language listed in the FY 2017-20 MOU pertaining to the available widows for the cash out of earned but unused vacation leave, subject to City Council determination and approval, which is made a part hereof by this reference; and, WHEREAS, the City Council now desires to amend the current MOU between the City and RPVEA to reflect the aforementioned changes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The City Council approves the Second Amendment to the MOU between the City and RPVEA for the period of July 1, 2017 through June 30, 2020 (RPVEA MOU 2017-2020), a copy of which is attached hereto as Exhibit "2". 01203.0021/276084.1 A-1 PASSED, APPROVED and ADOPTED this 8t" day of November 2017. Mayor Attest: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2017- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 8, 2017. City Clerk 01203.0021/276084.1 A-2 SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING City of Rancho Palos Verdes ,O Ml Rancho Palos Verdes Employees Association Expires on June 30, 2020 A-3 SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING between the City of Rancho Palos Verdes and the Rancho Palos Verdes Employees Association Pursuant to the requirements of the Meyers-Milias-Brown Act ("MMBA," commencing at California Government Code § 3500 et seq.) the City of Rancho Palos Verdes ("CITY") has recognized the Rancho Palos Verdes Employees Association ("RPVEA") as the majority or exclusive representative, as those terms are interchangeably used under the MMBA, for those CITY employees in the bargaining unit defined as non -management, full-time employees in the classifications listed on Exhibit "A" to the Memorandum of Understanding between the CITY and RPVEA for the period through June 30, 2020 ("RPVEA MOU 2017-20"), adopted by Resolution No. 2017-39 on May 16, 2017. This Second Amendment to the RPVEA MOU 2017-20 is entered into this 8th day of November, 2017, by and between the CITY and RPVEA. This Second Amendment shall only become effective upon City Council adoption and makes only those changes reflected herein below, all other terms and conditions of the RPVEA MOU 2017-20 remaining the same. This Second Amendment adopts the attached revised language for Item 9 in Subsection A (Vacation Leave) of Section X (Leaves) of the RPVEA MOU 2017-20, effective upon adoption by City Council. This Second Amendment expressly changes the month for the 4th quarter vacation buy-out from December to November. IT IS SO AGREED: City of Rancho Palos Verdes Doug Willmore — City Manager Colin J. Tanner — Chief Negotiator Gabriella Yap — Deputy City Manager Deborah Cullen — Director of Finance Mary Bradley — Human Resources Manager Rancho Palos Verdes Employee Association Matt Waters - President Kit Fox — Vice President Robert Nemeth — Secretary Mike Gibson — Treasurer i A-4 EXHIBIT A SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING between the City of Rancho Palos Verdes and the Rancho Palos Verdes Employees Association Section X.A.9 of the RPVEA MOU 2017-20 is revised to read as follows (additions underlined, deletions str-eGk out): Employees shall be entitled to cash out up to eighty (80) hours of accrued vacation leave per fiscal year provided that the employee maintains fifty percent (50%) of their annual vacation accrual after any cash out and provided that they cash out 1 hour for every 2 hours actually used during the 12 months preceding the cash out. Employees may submit a request for vacation cash out every quarter. Vacation cash out requests received during the first week of the month that ends the quarter (March/June/September/November ^ewe; ) shall be paid out on the last payday of the month that ends the quarter (March/June/September/November De��be ) and in which the request was received. Each request that is submitted within the specified time frame shall be evaluated individually to ensure the employee meets the payout eligibility criteria set forth herein. Eligible employees shall be paid for any accumulated and unused vacation leave they have requested and to which they are entitled on the last pay day of the month that ends the quarter. Said cash payment shall be at the employee's then current rate of pay. M