Side Letter of Agreement
THE TOWN OF YOUNTVILLE
AND
THE YOUNTVILLE EMPLOYEE ASSOCIATION
MID-MANAGEMENT AND PROFESSIONAL UNIT
SIDE LETTER OF AGREEMENT
TO JULY 1, 2022 – JUNE 30, 2027
MEMORANDUM OF UNDERSTANDING
WHEREAS, the Town and MMP negotiated that certain Memorandum of Understanding Between Town of Yountville and the Yountville Employee Association Mid-Management and Professional Unit July 1, 2022, through June 30, 2027 (the “MOU”); and
WHEREAS, the Town and MMP wish to clarify the Confidential Pay and Management Incentive Pay provisions, and revise the Administrative Leave section in the MOU.
NOW THEREFORE, the Town and MMP agree as follows:
1. Section 3 (Salaries and Other Compensation), Subsection A (Management Incentive Pay under Other Pays) of the MOU is hereby repealed in its entirety and replaced to read as follows:
A) Eligible employees shall receive five percent (5%) of their base pay for Management Incentive Pay, when assigned in writing by the employee’s direct supervisor to perform duties managing a designated administrative program(s) and/or managing associated staff as a unique nature of their job, beyond the typical scope of duties for the employee’s position. The written assignment of management duty must explicitly state that the employee will receive management incentive pay for the assignment. The determination of what constitutes the performance of duties managing a designated administrative program(s) and/or managing associated staff so as to earn Management Incentive Pay shall be at the sole discretion of the employee’s direct supervisor.
2. Section 3 (Salaries and Other Compensation), Subsection B (Confidential Pay under Other Pays) of the MOU is hereby repealed in its entirety and replaced to read as follows:
Side Letter of Agreement
B) Employees in the classifications of Information Systems Administrator, Human Resources Analyst/Administrator, and Financial Analyst I/II shall receive five percent (5%) of their base pay for Confidential Pay when assigned in writing by the employee’s direct supervisor to perform duties which require them to utilize, access and process confidential information in the performance of their required job duties. The written assignment of confidential duty must explicitly state that the employee will receive confidential pay for the assignment. Examples of such information are:
a) Bargaining/negotiating information and data including labor negotiation strategies, positions, and proposals not yet publicly disclosed. b) Employee personnel data and sensitive information such as performance evaluations, disciplinary records, and medical data.
c) Information of a confidential nature including position, salary and benefit information that is confidential until finalized or approved. d) System access control management, including the responsibility of configuring user permissions and access levels across the network and ensuring that confidential business communications are protected from unauthorized access.
The determination of what constitutes the performance of duties which require the employee to utilize, access and process confidential information so as to earn Confidential Pay shall be at the sole discretion of the employee’s direct supervisor.
3. Section 9 (Leaves), Administrative Leave, of the MOU is hereby repealed in its entirety and replaced to read as follows:
Job positions that are classified as FLSA exempt based on the Fair Labor Standards Act shall receive, each year on July 1, 80 hours of administrative leave in-lieu of overtime eligibility. FLSA exempt employees hired after the beginning of the fiscal year will have such administrative leave pro-rated based on the start date for the year of hire.
Administrative leave hours may not be carried forward to the following year. The administrative leave balance remaining at the close of the fiscal year or the termination of employment is cashed out at the employee’s current FLSA regular rate of pay at the close of the fiscal year or the termination of employment.
Side Letter of Agreement
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Side Letter of Agreement
Side Letter of Agreement
For the Town:
_______________________________
Brad Raulston, Town Manager
_______________________________
Ashley Ray, Human Resources Analyst
Dated: __________________
Dated: __________________
For MMP:
_______________________________
Kyle Batista, MMP Representative
_______________________________
Jacob Solis, MMP Representative
Dated: __________________
Dated: __________________
Approved as to Form:
_______________________________
Gary Bell, Town Attorney
Dated: __________________