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SR 08-14-2018 3L City Council Report City Council Meeting: August 14, 2018 Agenda Item: 3.L 1 of 5 To: Mayor and City Council From: Donna Peter, Director, Human Resources Department Subject: Resolution Accepting the Tentative Agreement and Authorizing the City Manager to Execute a Memorandum of Understanding with the Public Attorneys' Legal Support Staff Union (PALSSU) and Revise the Confidential Unrepresented Employees (CUE) Pay Plan, and a Resolution Authorizing the City Manager to establish a new job classification and a salary rate for Chief Deputy City Attorney. Recommended Action Staff recommends that the City Council: 1. Adopt the attached Resolution accepting the tentative agreement and authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City and the Public Attorneys’ Legal Support Staff Union (PALSSU), and revise the Confidential Unrepresented Employees (CUE) Pay Plan. 2. Approve the attached revised salary schedule effective as a result of the agreement reached for the classifications represented by PALSSU and the revisions made to CUE. 3. Adopt a Resolution establishing the classification and salary rate for Chief Deputy City Attorney. Summary The wages, hours and working conditions of public employees who are represented by a labor organization are established in conformance with State law, principally the Meyers-Millias Brown Act (MMBA). The terms of agreements with those bargaining units are codified through a Memorandum of Understanding (MOU). The MOU between the City and Public Attorneys’ Legal Support Staff Union (“PALSSU”) expired June 30, 2018. Negotiations for a successor MOU resulted in a tentative agreement prior to that date. The City and PALSSU met and conferred in accordance with and the terms of the tentative agreement are summarized below, including cost of living pay adjustments and an increase in City contributions to deferred compensation. Where employees are not represented by a union, the City consults with members of 2 of 5 that group and generally seeks to align adjustments in pay and benefits to the bargaining units that those employees would be members of if they were represented. The Confidential Unrepresented Employees (CUE) are those who work in identified sensitive jobs, including Human Resources, where their membership in a union could pose a problematic conflict. In accordance with past practice and in consultation with the members of this class, staff has reached a tentative agreement to revise the CUE Pay Plan to make the same pay and benefit adjustments as previously ratified by the Council with the bargaining units to which these classifications might otherwise belong. Finally, an adjustment is being recommended in the City’s MOU with the Public Attorneys Union (PAU) to establish a new Chief Deputy classification with the same pay as previously provided when Deputy City Attorneys were given management incentive pay for working as chief deputies of a division in the City Attorney’s Office. All agreements seek to contain the cost of net annual salary increases within the most recent Five Year Financial Forecast and minimize increases in pension obligations and to continue to promote and provide harmonious relations, cooperation, and understanding between the City and the various bargaining units. The total cost of the negotiated changes is approximately $48,962 for FY 2018-19. The budget impact of these changes was included in the General Fund FY 2017-18 through the FY 2021-22 Five-Year Financial Forecast. Discussion The Meyers-Milias Brown Act requires that local public agencies negotiate with recognized employee organizations for each of their respective bargaining units regarding wages, hours, and working conditions. These agreements reflect the City’s and the bargaining groups’ on-going efforts to contain increasing retirement costs by agreeing to benefits not subject to CalPERS, such as contributions into 457 or 401(a) Deferred Compensation plans. The CUE Pay Plan establishes the salary, benefits, and additional terms and conditions of employment for employees in classifications not represented by a bargaining unit, not covered by the Executive Pay Plan, or not covered by separate employment agreements. There is no specific expiration date for the CUE Pay Plan. Because these individuals are considered confidential and unrepresented, the CUE Pay Plan ties their 3 of 5 pay and benefits to the particular bargaining group they would be members of. The overall policy of the City of Santa Monica has been to maintain competitive wages, hours and working conditions in a high-cost geographic labor market in order to retain and attract a high quality workforce to serve our community across a wide range of specialized services. Since most, though not all, City jobs are comparable to those in other municipalities, the City has traditionally approached labor negotiations by looking to full-service cities in our region of similar size and financial strength for labor market comparisons. Based on recommendations from the Compensation and Staffing Review conducted by Moss Adams, the changes to the PALSSU MOU and CUE Pay Plan will also be in accordance with the Compensation Philosophy established by the City Council. We also look at internal equity, increases in the Consumer Price Index and other factors that might contribute to the setting of compensation during the negotiations process. The substantive terms of the tentative agreements are summarized as follows: Public Attorneys Legal Support Staff Union A three-year agreement between the City of Santa Monica and the PALSSU is effective July 1, 2018 through June 30, 2021. PALSSU employees will receive a 1.5% salary increase effective January 1, 2019, a 1.5% salary increase effective July 1, 2019, and a 1.5% salary increase effective July 1, 2020. The City will contribute to a 457 deferred compensation account for each PALSSU employee in the amount of $50 per month effective July 1, 2018. This is in addition to an existing $50 per month matching program and has no impact on the unfunded pension liability but increases the opportunity for staff to contribute to their retirement savings In addition, PALSSU has negotiated for increased vacation cash-out provisions that are similar to other bargaining units, and non-substantive language changes. Confidential Unrepresented Employees Pay Plan While there is no contract expiration for the CUE Pay Plan, staff will return with an updated resolution for the CUE Pay Plan that sets salaries for CUE employees for a one-year period through June 30, 2019. 4 of 5 Members will receive benefits and privileges as set forth in the respective MOUs between the City and the bargaining unit to which the confidential unrepresented classifications are aligned. Public Attorneys Union To date, Deputy City Attorneys assigned as the Chief Deputy of a division of the City Attorney’s Office have received management incentive pay per the Public Attorneys Union MOU. It is recommended that instead, a new Chief Deputy City Attorney classification be established for these supervisory positions. The new classification will incorporate current pay levels, by including the management incentive pay as part of salary rather than as special compensation separately through the MOU. Past Council Actions Meeting Date Description 07/28/2015 Staff Report authorizing PALSSU MOU 2015-2018 06/14/2016 Staff Report authorizing CUE Pay Plan Resolution 2016-2017 Financial Impacts and Budget Actions The total cost of the negotiated changes contained in the new agreements is approximately $48,962 for FY 2018-2019. The budget impact of these changes was included in the FY 2017-18 through FY 2021-22 Five-Year Financial Forecast. Appropriations for all funds will be included in the FY 2018-19 Midyear Budget for Council approval. Prepared By: Sarah Rebensdorf, Senior Human Resources Analyst Approved Forwarded to Council 5 of 5 Attachments: A. PALSSU FY18-19 Salary Schedule B. Resolution - Labor Relations - PAU - 08142018 C. Resolution - Labor Relations - PALSSU CEU - 08142018 D. Add-To: SUPPLEMENTAL STAFF REPORT Public Attorneys Legal Support Staff Union Salary Schedule for August 14, 2018 City Council Meeting (Salaries Eff. January 1, 2019) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi-Weekly Rate Admin Analyst-CAO 2367 LSS 026 1 38.50 6673.00 80076.00 3079.85 2 40.40 7002.00 84024.00 3231.69 3 42.77 7414.00 88968.00 3421.85 4 45.15 7826.00 93912.00 3612.00 5 47.53 8238.00 98856.00 3802.15 Community Liaison 2374 LSS 025 1 38.43 6661.00 79932.00 3074.31 2 40.33 6990.00 83880.00 3226.15 3 42.70 7401.00 88812.00 3415.85 4 45.07 7812.00 93744.00 3605.54 5 47.44 8223.00 98676.00 3795.23 Consumer Affairs Specialist 2373 LSS 140 1 43.83 7597.00 91164.00 3506.31 2 45.99 7972.00 95664.00 3679.38 3 48.70 8441.00 101292.00 3895.85 4 51.40 8910.00 106920.00 4112.31 5 54.11 9379.00 112548.00 4328.77 Executive Asst to the City Att 2377 LSS 141 1 44.84 7773.00 93276.00 3587.54 2 47.06 8157.00 97884.00 3764.77 3 49.82 8636.00 103632.00 3985.85 4 52.59 9116.00 109392.00 4207.38 5 55.36 9596.00 115152.00 4428.92 Family Victim Advocate - CAO 2379 LSS 002 1 25.18 4365.00 52380.00 2014.62 2 26.43 4581.00 54972.00 2114.31 3 27.98 4850.00 58200.00 2238.46 4 29.54 5120.00 61440.00 2363.08 5 31.09 5389.00 64668.00 2487.23 Investigator-Consumer Protect 2366 LSS 028 1 39.63 6870.00 82440.00 3170.77 2 41.60 7210.00 86520.00 3327.69 3 44.04 7634.00 91608.00 3523.38 4 46.49 8058.00 96696.00 3719.08 5 48.93 8482.00 101784.00 3914.77 Investigator-Criminal Div 2365 LSS 035 1 41.72 7232.00 86784.00 3337.85 2 43.79 7590.00 91080.00 3503.08 3 46.36 8036.00 96432.00 3708.92 4 48.94 8483.00 101796.00 3915.23 5 51.51 8929.00 107148.00 4121.08 Public Attorneys Legal Support Staff Union Salary Schedule for August 14, 2018 City Council Meeting (Salaries Eff. January 1, 2019) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi-Weekly Rate Legal Admin Staff Asst 2369 LSS 040 1 43.27 7500.00 90000.00 3461.54 2 45.40 7870.00 94440.00 3632.31 3 48.08 8333.00 99996.00 3846.00 4 50.75 8796.00 105552.00 4059.69 5 53.42 9259.00 111108.00 4273.38 Legal Assistant 2372 LSS 025 1 38.43 6661.00 79932.00 3074.31 2 40.33 6990.00 83880.00 3226.15 3 42.70 7401.00 88812.00 3415.85 4 45.07 7812.00 93744.00 3605.54 5 47.44 8223.00 98676.00 3795.23 Legal Secretary I 2378 LSS 007 1 26.87 4658.00 55896.00 2149.85 2 28.20 4888.00 58656.00 2256.00 3 29.86 5175.00 62100.00 2388.46 4 31.52 5463.00 65556.00 2521.38 5 33.17 5750.00 69000.00 2653.85 Legal Secretary II 2371 LSS 010 1 34.64 6005.00 72060.00 2771.54 2 36.36 6302.00 75624.00 2908.62 3 38.50 6673.00 80076.00 3079.85 4 40.63 7043.00 84516.00 3250.62 5 42.77 7414.00 88968.00 3421.85 Paralegal 2375 LSS 025 1 38.43 6661.00 79932.00 3074.31 2 40.33 6990.00 83880.00 3226.15 3 42.70 7401.00 88812.00 3415.85 4 45.07 7812.00 93744.00 3605.54 5 47.44 8223.00 98676.00 3795.23 Receptionist 7022 LSS 005 1 26.56 4603.00 55236.00 2124.46 2 27.87 4831.00 57972.00 2229.69 3 29.51 5115.00 61380.00 2360.77 4 31.15 5399.00 64788.00 2491.85 5 32.79 5683.00 68196.00 2622.92 Sr Legal Enforcement Analyst 8013 LSS 141 1 44.84 7773.00 93276.00 3587.54 2 47.06 8157.00 97884.00 3764.77 3 49.82 8636.00 103632.00 3985.85 4 52.59 9116.00 109392.00 4207.38 5 55.36 9596.00 115152.00 4428.92 Public Attorneys Legal Support Staff Union Salary Schedule for August 14, 2018 City Council Meeting (Salaries Eff. January 1, 2019) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi-Weekly Rate Staff Assistant - CAO 7040 LSS 001 1 22.56 3911.00 46932.00 1805.08 2 23.68 4105.00 49260.00 1894.62 3 25.07 4346.00 52152.00 2005.85 4 26.47 4588.00 55056.00 2117.54 5 27.86 4829.00 57948.00 2228.77 ATTACHMENT B 1 City Council Meeting: August 14, 2018 Santa Monica, California RESOLUTION NUMBER _________ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A NEW JOB CLASSIFICATION AND ADOPTING A SALARY RATE FOR CHIEF DEPUTY CITY ATTORNEY NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The following salary level is hereby established, effective July 1, 2018, for the indicated permanent job classification: CHIEF DEPUTY CITY ATTORNEY $21,718/month, Step 5 SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: Lane Dilg City Attorney ATTACHMENT A 1 City Council Meeting: August 14, 2018 Santa Monica, California RESOLUTION NUMBER _________ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING THE TENTATIVE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC ATTORNEYS’ LEGAL SUPPORT STAFF UNION AND REVISE THE CONFIDENTIAL UNREPRESENTED EMPLOYEES PAY PLAN WHEREAS, authorized representatives of the City administration and the Public Attorneys’ Legal Support Staff Union have met and conferred in accordance with the Meyers-Millias Brown Act (“MMBA”), codified at Government Code Section 3500 et seq., and have reached agreement on wages, hours, and other terms and conditions of employment; and WHEREAS, in accordance with Government Code Section 3505.1, on August 14, 2018, the tentative agreement reached between authorized representatives of the City administration and the Public Attorneys’ Legal Support Staff Union and a revised Confidential Unrepresented Employees Pay Plan, were presented to the City Council of the City of Santa Monica for consideration; and WHEREAS, Government Code Section 3505.1 requires preparation of a written Memorandum of Understanding between the City and the employee organization if a tentative agreement is reached and adopted by the City Council; and ATTACHMENT A 2 WHEREAS, the purpose of the Memorandum of Understanding and Pay Plan is to promote and provide harmonious relations, cooperation, and understanding between the City and the Public Attorneys’ Legal Support Staff Union, and participants of the Confidential Unrepresented Employees Pay Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Monica hereby accepts the tentative agreement that has been reached between authorized representatives of the City administration and the Public Attorneys’ Legal Support Staff Union. SECTION 2. The City Council of the City of Santa Monica hereby approves and authorizes the City Manager to execute a Memorandum of Understanding with the Public Attorneys’ Legal Support Staff Union (FY2018-2021), and to execute a revised Confidential Unrepresented Employees Pay Plan (FY2018-2019). SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ Lane Dilg City Attorney REFERENCE: Resolution No. 11132 (CCS) & Resolution No. 11133 (CCS)