Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JAMES MCQUEEN, DIRECTOR OF HUMAN RESOURCES
DATE: JULY 25, 2023
SUBJECT: AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY
ASSOCIATION
EXECUTIVE SUMMARY
The City Council will consider adopting an amendment to the existing memorandum of understanding between the City of Downey and Downey Public Safety Auxiliary Association. This amendment will modify the existing provisions regarding sick leave conversion at retirement or death to include eligibity for an employee transitioning to part- time status.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 23-8181, a Resolution of the City Council of the City of Downey adopting a Side Letter Agreement to the 2023-2026 Memorandum of Understanding between the City of Downey and the Downey Public Safety Auxiliary Association.
BACKGROUND
The existing Memorandum of Understanding (MOU) between the City of Downey and the Downey Public Safety Auxiliary Association (DPSAA) was approved on December 8, 2022 and is due to expire on March 31, 2026. Included in the MOU is a sick leave conversion benefit currently available to association members upon retirement or death.
The existing provision allows eligible employees the ability to deposit up to 1,900 hours of unused sick time into the City’s Retirement Health Savings plan to cover reimbursable medical expenses in accordance with IRS regulations.
This side letter of agreement modifies Article XI, Section 1 (A) to include a provision allowing employees, with twenty (20) or more years of full-time service with the City, the ability to also utilize this benefit when transitioning to part-time employment status. The attached Side Letter of Agreement is a product of a negotiation process involving the DPSAA and City Management representatives. This process was completed in accordance with State law and the City’s Personnel Rules and Regulations.
APPROVED BY
CITY MANAGER
AMENDMENT TO THE 2021-2023 MOU BETWEEN THE CITY OF DOWNEY AND DPSAA JULY 25, 2023
PAGE 2
2 ANALYSIS
The inclusion of this provision in the MOU will allow the City to retain employees in a part - time status who may have otherwise retired from the City. Under the current condition, an employee with 20 years or more of tenure that wishes to work part -time rather than retiring would lose the savings plan opportunity. This new provision will assist the City in maintaining staffing levels for hard to fill public safety positions such as Public Safety Dispatchers.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
FISCAL IMPACT
There is no fiscal impact
ATTACHMENTS
Attachment A: Resolution
Attachment B: Side Letter Agreement to the 2023-2026 DPSAA MOU
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE SIDE LETTER AGREEMENT TO THE 2023-2026 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION.
WHEREAS, on December 8, 2022, the City Council of the City of Downey adopted Resolution No. 22-8123 for the purpose of approving the Memorandum of Understanding (MOU) between the City and the Downey Public Safety Auxiliary Association (DPSAA); and
Subsequent to the adoption of the MOU, the City of Downey and the DPSAA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City and the DPSAA (“Side Letter Agreement”) attached hereto as Exhibit A and incorporated herein by this reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted.
SECTION 2. The Side Letter of Agreement amends the MOU between the City of Downey and the DPSAA.
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 25th day of July, 2023.
______________________________
CLAUDIA FROMETA, Mayor
ATTEST:
______________________________
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 25th day of July, 2023, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
_____________________________
MARIA ALICIA DUARTE, CMC
City Clerk
Attachment B
1 LETTER OF AGREEMENT
TO THE 2023-2026 MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION EFFECTIVE: 7/25/23
This letter memorializes an agreement reached between the City of Downey (“City”) and the Downey Public Safety Auxiliary Association (“DPSAA”) to change the 2023-2026 Memorandum of Understanding (“MOU”) entered into between the City and DCEA-DPSAA. All other terms and conditions of the existing MOU shall remain in full force and effect. The changes are as follows:
Article XI, Section 1 (A) shall be revised with the following:
ARTICLE XI
Section 1. Sick Leave Conversion at Retirement, Death or Change to Part-Time Status
A. An employee who is separating employment from the City by way of CalPERS retirement, or an employee with twenty (20) or more years of full-time service with the City who transitions to part-time status (subject to department head approval), shall be eligible to deposit the value of unused accumulated sick leave hours at the regular rate of pay earned at the time of retirement up to the maximum of one thousand nine hundred (1,900) hours to the City’s Reti rement Health Savings (RHS) Plan to cover reimbursable medical expenses in accordance with IRS regulations.
IT IS SO AGREED:
CITY OF DOWNEY
____________________________________ ___________
Roger Bradley, City Manager Date
DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
____________________________________ ___________
Lee Cole, President Date