Attachment 1
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING A LETTER OF AGREEMENT
BETWEEN THE CITY OF BURBANK AND THE BURBANK
CITY EMPLOYEES’ ASSOCIATION.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
As required by the California Public Employees’ Retirement System (“CalPERS”), the Letter of Agreement between the City of Burbank and the Burbank City Employees’ Association (BCEA), attached as Exhibit A, is hereby approved. The Letter of Agreement corrects the BCEA Memorandum of Understanding (MOU) dated July 1, 2022 – June 30, 2024, and the BCEA MOU dated December 13, 2020 – June 30, 2022.
PASSED and ADOPTED this ____ day of May, 2024.
__________________________
Nick Schultz
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_____________________________ By: _______________________ Kimberley Clark, City Clerk Joseph McDougall City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Burbank at it s regular meeting held on the ___ day of May, 2024, by the following vote:
AYES:
NOES:
ABSENT:
___________________________
Kimberley Clark, City Clerk
Exhibit A – BCEA Letter of Agreement
EXHIBIT A
LETTER OF AGREEMENT
BETWEEN
THE CITY OF BURBANK
AND
BURBANK CITY EMPLOYEES’ ASSOCIATION (BCEA)
Subject: 3-12 SCHEDULE SPECIAL COMPENSATION CORRECTION
On December 8, 2020, the City Council approved the BCEA MOU between the City of Burbank (City) and the BCEA dated December 13, 2020, through June 30, 2022, by adopting resolution number 20 -29,193. On August 22, 2023 , the City Council approved the BCEA MOU between the City and the BCEA dated July 1, 2022 , through June 30, 2024 , by adopting resolution number 23-29,457 .
Article VIII, Section A.4.B.6 – Overtime was included in both MOUs to memorialize the regularly scheduled overtime that occurs for BCEA employees in the Police Department on a 3 -12 schedule. At the time Article VIII, Section A.4.B.6 – Overtime was included in the MOUs, the City and the BCEA agreed that the regularly scheduled overtime generated by the 3 -12 schedule was intended to meet the definition of special compensation under retirement law and would therefore be included in the calculation of final compensation used to determine retirees’ pensi on amounts.
The California Public Employees Retirement System has since determined that the language in Article VIII, Section A.4.B.6 – Overtime in the two MOUS is insufficient and does not meet the requirements set forth in Government Code Section 20636 (c) and California Code of Regulations Sections 571 (a) and (b) that would allow the regularly scheduled overtime to be included in the calculation of final compensation . Therefore, the City and BCEA desire to correct the two MOUs to ensure that the langua ge in Article VII, Section A.4.B.6 – Overtime is compliant with the cited sections of retirement law.
Pursuant to the City Council’s approval of this Letter of Agreement, the City and BCEA agree to the following revisions to the t wo BCEA MOUs listed belo w; all proposed modifications in redline text will be for clarification purposes only and therefore have no fiscal impact to the City.
1. Memorandum of Understanding between the City of Burbank and the Burbank City Employees’ Association (July 1, 2022 through June 30, 202 4) – Revisions to Article VIII.A.4.B.6.
ARTICLE VIII – HOURS OF WORK AND OVERTIME
SECTION A – HOURS OF WORK – FULL TIME EMPLOYEES
4.B. 3-12 SCHEDULE
Exhibit A – BCEA Letter of Agreement
6. Overtime:
i. In accordance with FLSA, employees assigned to the Police Department Communications Center, Police Department Records Bureau, and the Jail will be allowed to work a 3 -12 schedule, with a normal full -time work schedule consisting of three weeks with thirty -seven (37) hours and a fourth week with forty -nine (49) hours. In the week where the regular schedule consists of forty-nine (49) hours, premium pay (half-time) will be paid as special compensation on the nine hours over forty (40) hours. Any work performe d outside an employee’s regular schedule shall be considered overtime and compensated pursuant to Article VII I, Section F – Overtime Pay. overtime for any hours worked in excess of forty (40) hours in a seven-day FLSA period that are part of their regular schedule.
ii. In accordance with Article VIII, Section A.5.E. and Section F, any hours worked in excess of regularly scheduled hours shall constitute overtime, except when shifts to the employee’s schedule within the employee’s FLSA period are made by mutual agreement as provided for in this Article VIII, Section A.5.E and Section F below.
This schedule is subject to immediate discontinuation, at the sole discretion of the Police Chief, if the components cannot be met.
3-12 Time-Entry System Change: As soon as practical following Council adoption, the City will implement a payroll system change to move employees from a biweekly wage to an hourly wage for hours worked within their designated seven day work period. In addition, the overtime provisions in this MOU will continue to be in effect.
2. Memorandum of Understanding between the City of Burbank and the Burbank City Employees’ Association ( December 13, 2020 through June 30, 202 2) – Revisions to Article VIII.A.4.B.6.
ARTICLE VIII – HOURS OF WORK AND OVERTIME
SECTION A – HOURS OF WORK – FULL TIME EMPLOYEES
4.B. 3-12 SCHEDULE
6. Overtime:
i. In accordance with FLSA, employees assigned to the Police Department Communications Center, Police Department Records Bureau, and the Jail will be allowed to work a 3 -12 schedule, with a normal full -time work schedule consisting of three weeks with thirty -seven (37) hours and a fourth week with forty -nine (49) hours. In the week where the regular schedule consists of forty-nine (49) hours, premium pay (half-time) will be paid as special compensation on the nine hours over forty (40) hours. Any work performed outside an employee’s regular schedule shall be
Exhibit A – BCEA Letter of Agreement
considered overtime and compensated pursuant to Article VII I, Section F – Overtime Pay. overtime for any hours worked in excess of forty (40) hours in a seven-day FLSA period that are part of their regular schedule.
ii. In accordance with Article VIII, Section A.5.E. and Section F, any hours worked in excess of regula rly scheduled hours shall constitute overtime, except when shifts to the employee’s schedule within the employee’s FLSA period are made by mutual agreement as provided for in this Article VIII, Section A.5.E and Section F below.
This schedule is subject to immediate discontinuation, at the sole discretion of the Police Chief, if the components cannot be met.
3-12 Time-Entry System Change: As soon as practical following Council adoption, the City will implement a payroll system change to move employees from a biweekly wage to an hourly wage for hours worked within their designated seven day work period. In addition, the overtime provisions in this MOU will continue to be in effect.