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HomeMy WebLinkAboutReso 174-1977 RESOLUTION NO, 174-77. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AND ACCEPTING AMENDMENT 2-77 - SOUTH SAN FRANCISCO POLICE ASSOCIATION, JULY 1, 1975 - JUNE 30, 1978, Adding Surviving PrOvisions. ,' ,, ' '~, BE IT RESOLVED by the City Council of the City of South San Fran- cisco that: 1. AMENDMENT 2-77 to Unit 5 Memorandum of Understandings. The City Council hereby approves and accepts the Amendment entitled "Amendment 2-77 to Memorandum of Understanding, Unit 5 - South San Francisco Police Association, JulY 1, 1975 - June 30, 1978, Adding Sur- viving Provisions", a copy of which Amendment is attached hereto as Exhibit IIAII, 2. City Clerk's Endorsement. The City Clerk be and he is hereby authorized to endorse, date and initial the following on the Memorandum of Understanding, Unit 5 - SouthSan Francisco Police Association - July 1, 1975 - June 30, 1978. 2.1 On page 2, subparagraph 2{c}, place an asterisk, and at the bottom of the page endorse the following words: "*Subparagraph 2{c} amended. Refer to Amendment 2-77. (October 5, 1977/AAR.)" I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on'the' ~5th' .day of . ;r mmrli ' ii, il ' ;$111 iI o=co~er,'.,,~, 1977, by the followi.ng vote: AYES, COUNCILMEN' *William; A.;' Borba,,' Emanuele; N.' Damonte:,; Terrg: j;. ' M:~rri and* NOES, " ABSENT, " Leo Padreddii None .... -.-**, .' . None City Clerk e EXHIBIT "A" TO RESOLUTION 174-77 ADOPTED o~tober 5, 1977 F AMENDS'lENT 2-77 IqEMORANDUP! OF UNDERSTANDING, UNIT 5 - SOUTH SAN FRANCISCO POLICE ASSOCIATION · 1ULY 1, 1975 - ~lUNE 30, 1978 · '.Ad. din9 Survivin9 Provisions RECITALS THE CITY OF SOUllt SAN FRANCISCO {h~reinafter Ci~ty_) ~nd Unit 5' -' .- - South San Francisco Police Association (hereinafter Unit 5),. on Oune 30,' o o . .1975, executed a Iqemorandum of Understanding entitled ".~emorandum. of Under-. standing,-Unit 5, South san FrancisCo"Police Association, July l, 1975 - : . · June 30, 1978 (hereinafter. M/U 75-78) which was accepted and approved by o Resolution Ilo. 87--75, adopted' June 30, lg75. -. .. '..~ ." · . CII~ AND. UNII 5 in 1~77 Corm~nced ne§otiati,ns to amend M/U 75-78 to include the 2% e Age 50 Public Safety Retirement Formula. sai'd nego- ., tiations involved establishment of a New Base Salary'ih'1977, ~h~ computa~ tion of which included two factors-, (1) the cost of living adjustment,and (2) a PERS Actuarial Valuation. As of June 22, 1977;~ the pERS Actua~.~-I Valuation had not been received and the cost of living adjustment was due to be paid as o~' June 24, 1977. The parties therefore executed on June .. 22, 1977, Amendment 1-77'to M/U 75-78 which was approve~ and accepted by the City on June 22, 1977, by Resolution 98-77. Said Amendment 1-77 recog- o nized the accrual of the cost of living adjustment, but deferred payment as ? ....... d mm mm ~ ' :~ ., . in said Amendment provided, pendi.ng execution of. this Amendment 2:77. IHE PEAS ACTUARIAL VALUATION consisting of (1) Public Employees Re- tirement System Actuarial Valuation Report dated June 8, 1977, s. igned by - . Kisuk Yang, Chief Actuary, which shows in Subsection B.a. the present rate ._ and July l, 1977 rate for public safety members ~ ~ 'Age 55 Retirement For- _ . mula, .~nd {2} Public Employees Retirement System Actuarial Report dated -,. June 14, 197'7, signed by Kisuk Yang, Chief ActuarY,~which shows' in Column . . . A.a., Subsection B.a, the proposed agency contri.bution'.ra~e for 'the ~_% @ . " mm 'Age 50-Retirement Formula, has been re~:eived .and the partie~ no~ desire't°. .o · · amend subparagraph :2(c)' of M/U 75-78 to recite the llew Base Salary computed .. · . in-accordance with the factors -herein set forth, provide for' related mat-- rets and continue.in effect all other provis:ions of said Memorandum of' _ Understanding. Copies of said Valuai:.~o.n Re~ort are on file in'the offices - · . of the Director of Finance and City Clerk. .. . ...... - o . -. £I1¥ ^RD U~II' S ^Cl¢IOWI_EI~E and affim that they have met and conferredI .. ' in ~lood faith and in all respects fulfilled their obli§ation under' law to ... · . - . · . 'meet and confer in good faith regarding 'this Amendment 2-77 to M/U 75-78.' - . ._ Representatives of the City have'agreed to present this Amendmen~ 2-77 to ..' M/U 75-78 to the' City Council for approval and acceptance, and'rep'~esenta- rives of Unit 5 have agreed to present same to their members for'approval and acceptance. . IN CONSIDERATION OF THE AFOREGOING PROVISIONS A~D THE COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, IT IS AGREED AS FOLLOWS- 1. Amendment of Subparagraph 2{c) of M/U 75-78. Sub'paragraph 2{c) of M/U 75-78 is hereby amended to read as H' I~ I lil '"]ill '1 lows: 2(c) Retirement and Salary Relation.ship - Total Compensation.- Pol.ice ~epartment members 'represented by Unit '5 desire to · obtain the 'substantial benefits of the 2):. e Age 50 Public. Safety' " · Retirement Formula-by having City amend the PERS agency contract . to so provide, City does not desire to so amend 'because (1) City ' . now provides the ~ @ Age 55 Public Safety Retirement 'Formula which .. includes public safety members {police.and fire) represented.by . .Units 1, 5 and 6, and said employees not'repres'ented by. said Units, · and future public safety employees, all.at an'agency Contribution · . rate City is presently willing to .pay when considered in relation - . · . to cost of salaries and other benefits which constitute total · o compensation, and (2) in a..c.c..o.r, dancJ )vith applicable retirement laws, such amendment will cause City to incur an lincrease in the agency . contribution.rate for all public safety personnel. {fire and Police), which increase in cost of total compensation .{inclUding but not :' . limited to salaries, retirement'and other benefits) City is-unwill- ing to incur. Police officers represented by Unit 5, for the purpose · · of establishing a reasonable City 'cost for said total'compensation, -. and, therefore, to induce City to So amend the PERS contract' {1) propose and agree, pursuant to Government Code Section 3500, et o~ seq., to establish a New Base Salary for said employ, ees, and have said 6~nployees not represented by said Unit furnish .the assurances described below which City may require as a condition precedent to the PERS contract amendment, and {2) make the representations des- . . I l I~1[I i l iiil ~1111 cribed below as the basis for a condition precedent ~hiEli'Ci'ty may' require prior to the PERS contract amendment. 2(c).1 t~ew Base Salary 2{c).1.1' Establishment of New Base Sal~ry. m In 1977-78 a liew Base Salary for Po'lice officers repre- sented by Unit 5 is hereby e~tablished, same to be effective on NOvember 11, 1977 . ;.i.; Said New Base Salary shall be corn- puted as follows- '(a) Add to each said police officer's 1976-77 .. bi-weekly salary r~nge 6.5% thereof,whi.ch is-the annual percentage . change in.-cost of living as rei~lecte~t i_.n...the 6ay area cost of living · index for the preceding completed aflnual index.period (April. 1976 - ._ Apri!' 1977.), and {2} then deduct f. rom that total 7.4~% thereof, S~id percent~agelbeing the diffeiL~6nce between 'thj City's total compen- o sation cost for the ~ @ Age 55 Retirement' Formula and the 2% g Age' · . 50 Retirement Formula for public ~afety-members (police and fire,) Significance and Use of New Base Salary. for Police _. · Offic~er~ Represented by Unit S.-- Survival of Provision. · · lhis provision states the significance and'use 6f the I~ew Base Salary for police officers represented by Unit 5, also referred to as Base Salary, established pursuant to paragraph · o 2{c).1.1 of this Memorandum of Understanding for future related actidns. This provision shall survive the term of 1.1/U 75-78,and shall run concurrently with the period for which the 2% @ Age 50 Public Safety Retirement Benefits are applicable to eligible :,[[1[[ ' Ili i ]llll Police Department members represented by Unit 5, in accordance with PERS rules and regulations, including those appointed- after .the effective date of t~is ltemorandum of UnJerstandlfig. .- Each of the following subparagraphs may be rbad in c~njunction · with one or more of the other su.bparagrJphs and with this -· )lemorandum of Understanding to interpret-this provision. (a) Unit 5, Police OeparL~nt member.s, Hew Base Salary . ' - o . . shall be the salar~ establish.ed pursuant to Paragraph .."-"-- 2(C)~L.1 of this ~lemorandum' of U. nderstand~ng' and L~ .- · changes therein in s~bseque~t years'or, other, times by l.lem°- . randum of' Understanding or othe~qseshall be desi'gn~ted · · ,.. . .. ."Amended Base SalarT." .... " --' ::-''' ~"~ {b} Changes in sa~d ~a~'e Sal~'ry or.?menaea Base'~$alary~" ' '' ~hichewr is applicable, shall not be based., on the fact t.he oo deduction set fbrth in paragraph 2Cc).1;1 '~f 'this 14emo- - randum:of Understanding-was made to compute.same o~ based~ " .. : ~n the amount'of said deductionz . City.may refuse to ':-- ' " ~ '. consider' the fact of said deduction or the ~mount: th~r'eof · _ in future negotiations as a basis for increa~;i'ng th~ .. Base' Salar~ or Amended Base Salary, and $.aid refusal 'shall not be deemed a refusal to meet and Confer' in §ood o faith or othen-~ise violative 'Of. the 14eyers--)lilias-Bro:vn Act (Government Code Section 3500, et seq.) {c) the said Base Salary Or Ame.nded Base Salary, whichever' is applicable,I results .in a comparison' difference between r said salary and the salaries of other departments as well as the salaries of police officers in Comparable · . agencies. If said comparison difference eqba.ls or is less than 7.44%, it shall not serve as the sole basis.'- . for negotiations related to Police-Department members' . . o. salary benefits or other terms and conditions of employ- . meat or increases or adjustments to equal or approximate . · salaries, benefits or other terms and conditions of · . - . employment for mem. bers of Unit 5, other City Depart- · meats or comparable, agencies, or to othentise'increase' - · said salaries. If the comparison difference equals or is · less than 7.44%, City may refuse'to consider same as a . basis'for increasing th6' Base Salary or Amended Base Salary; and said refusal shall, not be deemed a refusal. to'meet and confer in good faith or otherwise' violative of. the Meyers-Mil ins-Brown Act (Government Code Section .- 3500, et' seq.). If an increase by reason of cost of living or other~'~ise .. is authorized by an .approved Memorandum of Understanding., said increase in an amount or precentage shall be applied to the Police Department members' Base Salary · or'Amended Base' Salary, whichever is then in effect:. - · '(e) If a decrease in salaries is authorized by an approved )4emorandum of Understanding or otherv~ise, same being applicable to Unit 5, or the Police Department, or all · 6~ Departments, the amount of decrease.or adjustment or percentage thereof shall be applied to the Police De- .. partrmnt member's' Base Salary or-/~ended Base Salary, .. whichever is then in effect. .. 2.1.3 Assurances by Eligible Police Department')lembjr~':liot-Repre- · .. sen'tc~[ b,¥ Unit 5. '..- --:-' - · . .. In addition to the. acceptance and approval 'of'paragraph .2Cc) o. .. · and subparagraphs thereof of .this Memorandum .of Understanding., . . . by vote of the membership, each police officer-eligible for said "' t . '.- ..-- .- . ..~; .... retirement program'who is not represented, by Unit 5.'shall subscribe .. the acceptance and assurance to b~ attached'heretO '~s:' Exhibit "A" and incorporated herein by this re'femnce as if set forth .~erbatim: " .o .°1..· · °°. ~. . ....' "Police officers app.ointed after, the effective 'date of this Memor- -. m andum of Understanding shall subscribe to a Similar:acceptahce "- -_ · · and assurance as a term and condition, of employment. . '. 2.2. city Agreement to Amend the PERS Contract.. .' -- . · . · City acting on the inducements, assurances and representations hereinbefore set forth, shall amend'the PER$ contract' to provide the 2g @ Age 50 Public safety Retirement Formula .for police off'icers represented by Unit $ when all 'of the following have occurred. (a) This I, lemorandum of'Understanding has been duly-executed by the. representatives of City and Unit 5, and .thereafter accepted and approved by the members of Unit 5 and rati- fied by the City Council. . · . 7~ (b) All of th& police officers eligible for said Retire-. merit Formula but not represented by Unit 5 have executed the acceptance and assurance and same has · been attached hereto as Exhibit "A". .. Units I and 6 have attached or caused to be attached to the respective Memorandums of Understanding provid- ing the Retirement Program for public, safety members.' · . (police'and fire), an.accept, an.co and. assurance sub- . stantially ~imilar. to Exhibit "g" which is. a.ttached · o this Amendment 2-77; " - ~. :" :-"-' "-'~' .... :.-. .. . · . : 2. Payment of Cost of Livin_q Adjustment 1977-78 for P.eriod Prior to ~ - _ o - ! .. . Establishment of Ne)~ Base Salary: .... ' ........... .i"" - '' .. '.." · ,*i' ~ ,-;,-;... In accordance with M/U 7~"r78' June 24, 2977, was set as the date for application of the 6.5% cost of living adjustment to said ~olice Officer~' 197~'-77 Base Ray and computation of the New Base'Salary~ as the~;ein provided.: . . City and Unit '~i.~ pursuant to Amendment 1-77, 'deferred payment Of said adjust- · . ment and said computation. The New Base Salary ,having been computed.and the .. date for establishment having been determined the parties agree that each ._ said policeoff, icerShall receive 6,5% of the total salary paid at the 1976-77 rate bebveen June 24, 1977, and the'effective date of the lle~ Base Salary, · applying said percentage as same would ~'e applied to Salary.ranges. Payment shall be made on. or before December 29, 1977. 3. Effect of .this Amendment. Exceplt as herein provided, this Amendment 2-77 does not modify . · · t Or change any other provision of M/U 75':-78. . Ill WITNESS WHEREOF, the parties hereto have executed this Amendment 2-77 in the City of South San Francisco on the ~e~ day 1977. .. CITY' S REPRESENTATIVE. * C.Wal ter- Bi rke i o m City .Manager · . October EMPLOYEES'REPRESENTATIVES ' - ' " . EXHIBIT "A" AMENDMENT 2-77 · UNIT S- SOUTH SAN FRANCISCO POLICE DEPART~IENT ADOPTED BY RESOLUTION 2.74-77 PASSED October 5, .1977 · 'ACCEPTANCE' AND ASSORANCE - - _ . . . . II4E UNDERSIGNED, police officers of the South San Francisco Police Department, who ~re not 'represented by Uni~ I. or 5 and who are eligible' for PEAS Public Safety 2% @ Age 50 Retir.ememt Formula, .ACCEPT AND.AGREE to · . the provis, ions of M/U 75278, as amended, by Amendment 2~77, to which this · . Exhibit is attached.' Dated: O~Z ~)~,~/~ ,. '"' ' _ . .