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APPROVED BY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JAMES MCQUEEN, DIRECTOR OF HUMAN RESOURCES
DATE: DECEMBER 12, 2023
SUBJECT: ADDITION OF NEW YEAR'S EVE TO THE LIST OF CITY HOLIDAYS =F,4 :[silt ikfj 4&-111 iTil Lym'l
The City Council will consider adopting a resolution adding New Year's Eve to the list of holidays observed by the City. Additionally, this resolution will authorize the City Manager to enter into side letter agreements with all of the City's bargaining units to update the existing memorandum of understanding (MOU's) to add New Year's Eve to the established holiday compensation provisions in these agreements. This resolution will also amend Resolution No. 23-8155 covering employees designated as Executive Management, Middle Management and Confidential/Exempt by adding New Year's Eve to the established holiday provisions.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 23-8209 amending Resolution No. 23-8155 regarding holiday pay for employees in classifications designated as Executive Management, Middle Management and Confidential/Exempt and authorizing the City Manager to enter into side letter agreements with all City bargaining unit regarding holiday pay provisions.
BACKGROUND
The City current recognizes 11 holidays for the closure of City facilities. These holidays are New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving, Christmas Eve and Christmas Day. As is common practice in other public agencies, the City wishes to add New Year's Eve to this list of established and compensated holidays, which requires revisions to the City's established MOU's and also Resolution No. 23-8155 which covers unrepresented employees.
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The proposed resolution will authorize the City Manager to enter into side letter agreements to add New Year's Eve to the existing holiday pay provisions within the City's existing MOU's. Under these side letters New Year's Eve will be added to the existing list of approved holidays or the equivalent value of the additional holiday will be added to the employee's holiday hour bank.
ADD NEW YEAR'S EVE TO THE LIST OF CITY HOLIDAYS
DECEMBER 12, 2023
PAGE 2
The addition of the New Year's Eve holiday is a standard practice for most agencies within the public sector as well as for the private sector. This resolution would maintain parity with our counterparts and improve retention and recruitment.
This resolution will also authorize an amendment to Resolution No. 23-8155 to add New Year's Eve to the list of covered holidays for employees designated as Executive Management, Middle Management and Confide ntia I/Exem pt. As part of the City Council's approval of the amendment of Resolution No. 23 -8155, Senate Bill (SB) 1436 requires local agencies to report out certain information before changing the compensation or benefits of their "executives". Under this law, legislative bodies for agencies must orally report a summary of the recommendation for changes in salaries or benefits before voting for the changes. The votes must be taken in the open session portion of the meeting.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
FISCAL IMPACT
Approval of the recommended action would result in an estimated expenditure of $40,000 for holiday pay and compensation time earned for some City positions for the additional holiday hours to various departmental staffing accounts as previously approved in the Fiscal Year (FY) 2023- 2024 operating budget. Sufficient funding is included in the FY 2023-24 budget for the recommended actions.
ATTACHMENT
Attachment A: Resolution
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RESOLUTION NO. 23-8209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING RESOLUTION 23-8155 REGARDING HOLIDAY PAY FOR
EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE
MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO SIDE LETTER
AGREEMENTS WITH ALL CITY BARGAINING UNIT REGARDING HOLIDAY
PAY PROVISIONS
WHEREAS, the City Council of the City of Downey has adopted resolutions for the purpose of approving the Memorandum of Understandings (MOU's) between the City and the Downey Fire Management Association, Downey Firemen's Association, Downey City Employees' Association -Maintenance Unit, Downey City E m ployees' Association- M isce Ila neou s Unit, Downey Public Safety Auxiliary Association, Downey Police Officers' Association and the Downey Police Management Association; and
WHEREAS, under California State law, Section 2704 of the Downey Municipal Code and Section 12 of the City of Downey Supplemental Employee Relations Rules and Regulations, the City Council is vested with the authority to designate classifications as being Executive Management, Middle Management, and Confidential/Exempt; and, WHEREAS, the City Council has adopted Resolution No. 23-8155 establishing the salary and benefits payable to employees in classifications designated as Executive Management, Middle Management, and Confidential/Exempt; and WHEREAS, the City Council desires to provide competitive compensation and benefits to its employees; and,
WHEREAS, the City Council has determined that it is appropriate to add New Year's Eve to the list of compensated holidays for the City's employees covered under the above MOU's and Resolution No. 23-8155.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Section 5.N.1. of Resolution No. 23-8155 is amended to read in its entirety as follows:,
SECTION 5. ATTENDANCE AND LEAVES
N. Holidays
1. Employees shall receive eight (8) hours of pay for each of the following holidays:
a. New Year's Eve
b. New Year's Day
c. Martin Luther King's Birthday
d. Washington Birthday (President's Day)
e. Memorial Day
f. Independence Day
g. Labor Day
h. Veteran's Day
RESOLUTION NO. 23-8209
PAGE 2
i. Thanksgiving Day
j. Day after Thanksgiving
k. Day before Christmas
1. Christmas Day
SECTION 2. Resolution No. 23-8155, adopted February 28, 2023, as previously amended on August 22, 2023, and on September 26, 2023, is hereby further amended with the adoption of this Resolution.
SECTION 3. The City Manager is authorized to enter into side letter agreements to add New Year's Eve to the existing holiday pay provisions within the City's existing MOU's between the City and the Downey Fire Management Association, Downey Firemen's Association, Downey City Employees' Association -Maintenance Unit, Downey City Employees' Association - Miscellaneous Unit, Downey Public Safety Auxiliary Association, Downey Police Officers' Association and the Downey Police Management Association.
SECTION 4. The City Clerk shall certify the adoption of this Resolution and provide for the appropriate distribution thereof.
APPROVED AND ADOPTED this 12 1h day of December, 2023.
CLAUDIA M. FROMETA, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
RESOLUTION NO. 23-8209
PAGE 3
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 12 1h day of December, 2023, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CIVIC
City Clerk