TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT
SUBJECT
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Amendments to Memorandum of Understanding and Summary of Benefits.
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RECOMMENDATION
Approve Resolution No. 2024-022 which contains amendments to the Memorandum of Understanding for the American Federation of State, Country and Municipal Employees (AFSCME) and the Summary of Benefits for Unrepresented Sworn Management.
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FISCAL IMPACT
The cost incurred were factored into the 2023-2025 Budget. No additional appropriations are required.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
• Fiscal Responsibility
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BACKGROUND
In the course of reviewing provisions in the Memorandum of Understanding between the City and AFSCME and the Summary of Benefits for Unrepresented Sworn Management employees (which applies to the Chief of Police, Deputy Chief of Police, and Captain classifications), it became evident that certain amendments are required in order to accurately reflect existing practices, obtain formal approval for new/existing programs and codify, by Resolution, prior approvals granted by the City Council which address terms and conditions of employment. The recommendations reflect the important role AFSCME’s members carry out in supporting operations and response to emergencies occurring in the City after hours and on weekends. The recommendations for Unrepresented Sworn Employees are most accurately described as modifications to the existing Summary of Benefits so that it is in compliance with the City Council’s prior direction and the prevailing employment law. The impact on the 2023-2025 Budget is not considered a factor as the costs were incorporated during its preparation as these changes reflect ongoing expenditures that were anticipated at the time estimates were prepared.
ISSUES/ANALYSIS
The City maintains Stand-by/Call Back Duty Programs. Specifically, these provide for the rotation of well-trained and highly skilled employees to remain available to work after hours and on weekends for the purpose of responding to emergencies that arise and require immediate response or to handle designated duties that require daily checks, for example, taking samples of water reserves to ensure their purity. Employees who are qualified to serve as Duty Personnel follow a strict set of rules with regard to response times, safety practices, and achieving customer satisfaction, among others. In the course of meeting to discuss matters of mutual interest and importance with AFSCME representatives, it came to the City’s attention that, while the City Council has discussed the parameters of the Stand-by/Call Back Duty Program, identifying the specifics was not documented. Therefore, a request is made to establish the following as authorized Duty Programs:
AFSCME
Building/Facilities Maintenance Duty Program
Water Equipment Maintenance Duty Program
Water Treatment Duty Program
Fleet Maintenance Duty Program
General Maintenance Duty Program (Streets, Grounds, etc.)
In comparing the Chief of Police’s Employment Agreement with the Summary of Benefits adopted by the City Council for that position, the following were found to be inconsistent and require correction:
Chief of Police
Adjust the Retirement Health Savings Plan contribution to make it equal to the contribution provided to the Deputy Chief of Police and Captain classifications.
Revise the Management Leave language to mirror the language provided to Executive Management Team members in their Summary of Benefits.
In 2015, the City of Chino underwent an audit by CalPERS. It is not uncommon for member agencies in CalPERS to be audited periodically. One of the findings of this audit was that the City should not be reporting holiday hours as compensation for the Chief of Police. Since that time, there have been numerous far-reaching discussions regarding this determination such that it was unilaterally applied to the Deputy Chief of Police and Captain as well as the Chief. However, after extensive research, written communications with CalPERS representatives, and written legal opinions, the conclusion was reached that a) holiday hours remain not reportable as compensation for the position of Chief of Police; but b) holiday hours are reportable as compensation for the positions of Deputy Chief of Police and Captain (as well as other sworn personnel). The Chief of Police is the only position categorically prohibited from receiving this benefit. All other personnel work a regular schedule that includes working on City-designated holidays, therefore, their holiday hours worked are reportable as “PERSable income.” It is necessary to correct this section of the Summary of Benefits for Unrepresented Sworn Management by replacing it with the language below the heading “Deputy Chief of Police and Captain.”
Deputy Chief of Police and Captain
Holiday Pay will be reported in accordance with the applicable sections of the California Government Code, California Code of Regulations, and the City’s contract with the California Public Employee’s Retirement System. Holiday Pay falls within the definition of special compensation/reportable compensation per CalPERS and is applicable to the positions of Deputy Chief of Police and Captain, who are scheduled to work on all City-designated holidays that fall on their regular workdays.
In conclusion, the City Council is requested to adopt Resolution 2024-022, which will enact each of these amendments.
Attachment: Resolution 2024-022