RESOLUTION NO. 22-51
Resolution Of The City Council Of The City Of Emeryville Approving A Side Letter Of Agreement Between The City And The Emeryville Police Officers’ Association (EPOA) Regarding A Memorandum Of Understanding (MOU) Extension WHEREAS, On July 9, 2019, the City Council adopted a resolution approving and authorizing the City Manager to enter into an MOU between the City and EPOA with a term effective July 1, 2019, through June 30, 2022; and WHEREAS, On March 15, 2022, and April 5, 2022, the City/MESA received authority and met with EPOA to propose a one (1) year MOU extension with a three percent (3%) pay adjustment, a $1,250 non-pensionable lump sum payment to each bargaining unit employee, and formation of a joint labor management committee to address recruitment and retention challenges. All other MOU terms and conditions are to remain in place.
WHEREAS, The City proposed terms passed a ratification vote by EPOA; and WHEREAS, On April 6, 2022, EPOA and the City entered into a Total Tentative Agreement (TTA) subject the City Council approval which includes a one (1) year MOU extension to June 30, 2023, a three percent (3%) pay adjustment effective July 1, 2022, a $1,250 non-pensionable lump sum payment to be made to all employees on December 5, 2022, and agreement to form a joint labor management committee to address recruitment and retention challenges; and
RESOLVED, by the City Council of the City of Emeryville hereby approves and authorizes the City Manager to execute the Side Letter of Agreement (Exhibit A) with the Emeryville Police Officers’ Association (EPOA); and
DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936 Resolution No. 22-51
Resolution Approving Side Letter Agreement b/w City and EPOA City Council Meeting | May 3, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, May 3, 2022, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Medina and Council Members Donahue, Martinez and Welch
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Side Letter of Agreement – EPOA MOU Extension DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936 City-EPOA
Side Letter of Agreement, 2022-2023
I. Parties
The Parties to this Side Letter of Agreement (herein after “Side Letter”) are the City of Emeryville (herein after referred to as “City”) and the Emeryville Police Officers’ Association (herein after referred to as “EPOA”).
II. Background
The Parties are the signatories to a Memorandum of Understanding (hereinafter referred to as the “MOU”) setting forth terms and conditions of employment for City employees within the Emeryville Police Officers’ Association bargaining unit.
The Parties agree as follows:
III. MOU Amendments
A. For Purposes of the MOU amendments set forth below, language that is overstruck (e.g., overstruck) will be omitted from the MOU. Language that is italicized and boldfaced will be added to the MOU as indicated. Appendix A, attached hereto and referred to below, will replace the existing Appendix A in its entirety. The existing MOU will, in all other respects, remain in effect without change through the new term specified below.
B. Section 18 – Salaries, Sub-Section 18.1 and the Appendix of the MOU are hereby amended to read as follows:
18.1 Salaries of represented employees shall be paid in the amounts reflected in the salary schedule attached hereto as Appendix "A". The base rates shown in Appendix A shall be adjusted by three percent (3%) of the base rates in effect on June 30, 2019, effective July 1, 2019. Base wages will be further adjusted by three percent (3%) of the base rates in effect on June 30, 2020, effective July 1, 2020. Base wages will be further adjusted by two and three-quarters percent (2.75%) of the base wage rates in effect on June 30, 2021, effective July 1, 2021. Base wages will be further adjusted by three percent (3%) of the base wage rates in effect on June 30, 2022, effective July 1, 2022.
Step F of the Sergeant wage range shall be set at one hundred two percent (102%) of the Step E rate (i.e. 2% above step E). To move to step Fa Sergeant must have completed four (4) years with the City at that rank. Step F of the Police Officer wage range shall be set at one hundred four percent (104%) of the step E rate (i.e. 4% above step E). To move to step F an Officer must have completed eight (8) years with the City at that rank.
The City will pay bargaining unit members, employed with the City on the date of payment, a non-pensionable lump sum of $1,250 on December 5, 2022. The lump sum amount will be included in regular payroll and is subject to all applicable payroll tax and withholding.
C. Section 28 Term of Agreement of the MOU is hereby amended to read as follows:
“This Memorandum of Understanding shall be effective on the date that it is signed by both parties hereto and shall remain in effect through June 30, 20223.
D. The Parties acknowledge that Emeryville faces a competitive recruiting environment for law enforcement positions and agree to form a labor management committee within 30 days of the adoption of this side letter to address recruitment and retention challenges.
DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936
EXHIBIT A
City-EPOA
Side Letter of Agreement, 2022-2023
IV. General Provisions
A. Upon adoption of this Side Letter of Agreement by the City Council, the Parties’ respective duty to meet and confer over wage increases, effective July 1, 2022, as provided in the Parties’ MOU prior to amendment as set forth above, shall be deemed to have been exhausted and concluded.
B. This Side Letter will take effect immediately upon adoption by the City Council.
C. The written terms herein embody the entire Side Letter of Agreement between the Parties and other than those provisions of the MOU cited herein, no other terms of the MOU are modified or waived.
In witness hereof, this Side Letter of Agreement was ratified and adopted by a vote of the City Council on _________________________, 2022.
For the Employer: For the Union:
__________________________________ _____________________________________ Christine Daniel, City Manager Lance Goodfellow, President __________________________________ ____________________________________ Trish Raver, Human Resources Director Ron Shepherd, Representative _____________________________________
Warren Williams, Representative
Approved as to Form:
___________________________________
John Kennedy, City Attorney
DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936