HomeMy WebLinkAbout2009 Resolution No. 062•
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RESOLUTION NO . /,ti)-.
SERIES OF 2009
A RESOLUTION AUTHORIZING THE MEMORANDUM OF UNDERST ANDTNG
AMENDING THE PROVISIONS OF THE COLLECTIVE BARGAINING CONTRACT
BETWEEN THE ENGLEWOOD POLICE BE NEF IT ASSOCIATION AND THE CITY OF
ENGLEWOOD FOR THE YEARS 2009 AND 2010 .
WHEREAS, the Englewood City Cot•ncil authorized "The Co llective Bary, .. 'ng Contract
Betwee n th e Englewood Police Benefit Association and the City ofEnglew · · ; •.he Years
2009 -20 IO"; by the passage of Resolution No. 66, Seri es of 2008 ; an1
WHEREAS , pursuant to the City 's co llective l·.,gaiffing agreement for 2009-20IO with the
Englewood Police Benefi t Association (EP BA), ,, .. a increases are to be imp lemented on January
I, 2010 based on the results of the annual salary survey to be conducted in 2009; and
WHEREAS , in anticipation of re venue shonfall s the City requested that the EPBA defer an y
wage inc reases in 20 l O; and
WHEREAS , the EPBA and the City of Englewood have agreed to amend the current 2009-
2010 Collective Bargaining Contract ; and
WHEREAS , the members of the Englewood Police Benefit Association duly rat ified , by a
majority vote , the amendment to the Collective Bargaining Agreement 2009-2010; and
WHEREAS , the amendments to the contract are :
• No adjustments to 1009 wages will be made on January I, 2010
• The wage increase (if any) indicated by the 2009 salary survey will be convened instead to an
eq uivalent number of annual leave hours , to be accrued bi-weekly
• There will be no cash-out for unused personal leave in 20 I 0
• Emp loyees ·,y elect compensatory time in lieu of ovenime pay, upon supm·i <Of)' approval.
Thi s prov,, .•• will be effective upon Council's approval of the MOU
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF Tl-IE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Section [. The Cit y Council of th e City of Englewood , Colorado hereby ap proves the
Memorandum of Understanding fo r Amending the Collective Bargaining Contract between the
Englewood Police Benefit Association and the Cit y of Englewood for the years 2009 and 20 I 0,
attached heret o as Exhibit A.
Section 2. The Mayor and the Cit y Clerk are hereby authorized to sign and attest thi s
Amendment to the Collective Bargaining Contract between the Englewovc Poli ce Benefit
Assoc iation and the City of Englewood , Colorado .
ADOPTED AND AP PF.OVED ti.i s 6th da y of Jul y, 2009 . •
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MEMORo\NDUM OF UN DERSTANDING
Thi s MEM ORAND UM OF UNDE RSTAN DING ("MO U") is made and entered int o
by the Englewood Police Benefit Association ("EPB A") and the CITY OF ENGLEWOO D Cthe
City").
WHEREAS, EPBA and the City entered int o a Co ll ective Bargaining Agreement
effect ive January I , 2009 through December 3 1, 20 10 ("th e Agreement "), which was ratified by
the members of EPBA and ap proved by reso lu tion adopted by the City; and
WHEREAS , EPBA and the City reco gnize the projected revenu e shortfall s anticipated
b y the City for fi scal year 2010 , and
WHEREAS , the City has reques ted that concessions be made by th e EPBA in
connection with portions of the parties ' Co llective Bargaining Agreement during th e period of
January I , 2010 through December 31 , 20 10; and
WHEREAS , EP BA and the City now desire to amend their Agreem ent with respect to
those concessions;
NOW, THEREFORE , in consideration of the mutual benefits and advantages herein
contained, and further in consideration of th e mutual promi ses and covenants hereinafter more
specificall y set fo rth , the parti es hereto do STIPULATE AND AGREE as fo llows:
I. Article 9, Section C of th e Agreement is amended to read as foll ows:
C. The schedul e in "A" above wi ll be not be adjusted on January!, 2010 to
reflect the 2010 "market median" as detennined by the 2009 Salacy
Survey. Rather. the compensation paid to members of the bargainiru:
unit commencing ,lanuarv 1. 20 10 will be equal to that paid to
members as of Januarv I. 2009: however this provision shall have no
effect on the previouslv established agreement regarding class
increase for Police Officer 41
• Class through 111 Class.
The Citv nonetheless agrees that on or before November I. 2009. the
City will conduct a 2009 Salen• Sun•ey to determine the "market
median" of th e 2010 wage of either the top rate for th e highest
ranking police officer or maximum of the salary range for top ranking
police officer (if the jurisdiction us es ranges vs. a flat rate) at: Arvada.
Aurora. Bo ulder. Commerce City. Den ve r. Greenwood Village.
Lakewood. Littleton. Longrnont and Thornton. The survey will be
conducted in the 4'" quarter of 2009 by th e Human Resources
DepartmenL with the concurrence of th e EPBA .
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The C itv and the EPBA will meet bv November 1, 2009 to a pprove th e
survey and finalize the amount, if any, that 2009 Salary Survey differs
from that determined in 2008 for calendar vear 2009 .
Jn th e event that the 2009 Salary S urvev of "market median " is
greater than the "market median " for 2008, the resulting net increase
will be converted to annual leave hours calculat.cd at the 2009 Police
Officer I (class one) straight time hourly rate, and thereafter credited
to the mcmhcr's !cave bank and pro-rated equally over each pay
period of 2010 . The conversion &!Id pro-ration of these annual leave
hours will in accordance with the methodology provided In
Addendum "A" attached hereto.
2. Article 11 of the Agreement is amended to read as follows :
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E. Effective Immediately upon Implementation of this MOU, employees
who work overtime, call back. and/o r standby hours in either 2009 or
2010 may, In lieu of pay, take compensatory time off upon mutual
agreement between the employee a nd the cmplovce's supervisor. If
there is no mutual agreement. the employee shall be paid. Members
of the bargaining unit may accrue a maximum of eighty (80) hours of
compensatory time to be utilized in accordance with City of
Englewood Policy #46 (Compensatory Time). Compensatory time is •
to be compensated at the rntc of one and one-half hours of time off for
each one hour of overtime. call back. or standby worked in excess of
the dailv scheduled work shift.
3. Articl e 19 of th e Agreement is amend ed to read as fo ll ows:
Notwithstanding the above and foregoing. and during calendar vear
2010. the City shall not be required to compensate an emplovee for
any unused personal leave time remaining on O ctober 31, 2010, nor
shall the unused time be accumulated or carried over to calendar year
llil:
4. Th e EPBA and the City agree th at neg01 iat io ns for the p arties' 20 1 I Co ll ective
Bargai nin g agreeme nt mu st commen ce on or before May 15, 20 10 . In th at regard , and
notwiths tand ing th e terms and provi sions of the within , th e EPBA and rh e C'.,y llb'fec th at
incidental to those negotiat ions, the parti es will mutu all y re,ava lu ate the then existing eco nomic
circu msta nces and projected revenues of th e City to detem1ine whether the 2009 Sa lary Survey
and 2010 "market med i.lll" pay scale so ca lcu lated can an d should be ei th er immediately or
sub seq uently implemented during ca lendar year 20 10, or on y part thereof, and whether the tcmis
and provisio ns of the withi n MOU can and should be di ssolved.
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• 5. Exc ept as amended by thi s MO U, the Agree ment o f the partie s remain s
unchange d and m full force and effect and is affinned and ratified in each and every parti cul ar.
6. Thi s MOU shall be effective upo n ratification by th e membersh ip of the EPB A
and the approval of an ado pti ng reso luti on by the Ci ty.
Dated this ____ day of ______ ., 2009.
ENGLEWOOD POLICE BENEFIT
ASSOCIATION
CITY OF ENGLEWOOD
By:----,,,.....,.,---,---,--,-,-----
James K . Woodward, Mayor
ATTEST:
Lo ucri shia A. Elli s, Clerk and Reco rd er,
CITY OF ENGLEWOOD
APPROVED AS TO FORM:
By: --,------,,----:c-------
Daniel L . Brotzman , City Attorney
CITY OF ENG LEWOOD
ADDENDUM A
Exa mple : lf'the sa lary stud y det ermin er. that a 2% sa lary increase would be required to bri ng
EPBA members to th e market rate in 2010 , th en :
200 9 Class One Officer Hourl y Ra te: $33 .85
2% increase = 20 10 Class One Officer Hourl y Rate: $34 .53
Difference = $0.68 per ho ur
26 pay per iods X 80 hours per pay peri od = 2,080 hours per year
2,080 hours X $0.68 per hour = $1,414.40 amount deferred for 20 10 per officer
$1 ,414.40 + $33.85 per hour = 41. 78 ho urs to be credited to an nu al lea ve bank
41. 78 hours + 365 days per year = . 11 5 hours per day
14 day s per pa y period X .11 5 hours per day = 1.61 hou r per pay period
Total= 1.61 hours per pay period
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COUNCIL COMMUNICATION
Date : Agenda It em : Subject :
Jul y 6, 2009 11 C ii Memorandum of Understanding amendin g
th e Co ll ecti ve Bargaining Agree m ent b etween
the City and th e EPB A fo r 20 09 -2010
Initiated By: I Staff Source:
Human Resources Departm ent Su e Eat o n, Directo r of Human Resources
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COUNCIL GOAL AND PREVIOUS COUNC1L ACTION
The Coll ective Bargaining Agree ment with th e Engl ewood Po lice Benefit A ss ociati o n w as approve d
by Cou nci l for 2009-20 10.
RECOMMENDED ACTION
St aff requests Council's approval of a Memo randum of Understanding am ending articles 9, 11 and
19 of th e 2009-201 0 Co ll ective Bar ga ining Agreement with the Engl ewood Police Ben efit
Ass ociati on (EPB A).
BACKGROU ND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Per th e City's collec ti ve bargaini ng agreement fo r 2009-20 10 wi th th e EPB A, w age in c reas es ar e to
be Impl emented on Janua ry 1, 20 10 based on the results o f th e annua l salary survey to be
co nducted in 2009. In antic ipation o f revenue shortfalls th e City re quested that th e EPBA defer any
w age increases in 2010.
Summarized the M emorandum of Understanding stat es:
• No adju stments to 2009 w ages w ill be mad e o n Janu ary 1, 2010.
• Th e wage in crea se (1f an y) indicated by th e 2009 sa lary survey will b e conv erted in stead to
an equival ent number o f annual leave ho urs , to b e acc ru ed bi-w ee kly.
• Th ere will be no cash-o ut for unused p ersonal leave in 20 10.
• Employees may elec t compensa to~• time in li eu o f overt ime µay, upo n supervisory
approval. Thi s provi si o n w ill b e effective upon Council 's ap p rova l o f th e M OU.
FINANCIAL IMPACT
The total finan cial impact of th e mem orandum of understanding will not be known until the
compl eti o n of th e 2009 sal ary survey in November, 2009 .
LIST OF ATTACHMENTS
Reso lution