HomeMy WebLinkAboutC36180 Side Letter Agmt 2 - 2017 MOU - PDEOContract No. C36180
STAFF REPORT
CITY OF PALM DESERT
ADMINISTRATIVE SERVICES DEPARTMENT
MEETING DATE: November 14, 2019
PREPARED BY: Lori Carney, Director of Administrative Services
REQUEST: Approve Side Letter Agreement 2, to the 2017 Memorandum of
Understanding (MOU) with the Palm Desert Employees Organization
(PDEO) to 1: close City Hall all day (instead of half -day closures) on
Tuesday, December 24, 2019 and Tuesday, December 31, 2019,
and 2: provide employees with an additional eight (8) hours (total) of
paid holiday leave to accommodate said closure.
Recommendation
Approve Side Letter Agreement 2, (Side Letter #2) to the 2017
Memorandum of Understanding (MOU) with the Palm Desert Employees
Organization (PDEO) to 1: close City Hall all day (instead of half -day
closures) on Tuesday, December 24, 2019 and Tuesday, December 31,
2019, and 2: provide employees with an additional eight (8) hours (total) of
paid holiday leave to accommodate said closure.
2. By minute motion that the City Council authorize the Mayor to declare said
dates as Holidays in accordance with Section 2.52.700 of the Palm Desert
Municipal Code, and the approved Side Letter #2 to the 2017 MOU.
Strategic Plan Obiective
Approval of this request is not directly related to any Strategic Plan Objective.
Executive Summarv:
The PDEO requests the Council consider closing Palm Desert City Hall for full days on
both Christmas Eve and New Year's Eve for 2019, and provide employees with an
additional eight hours of paid time off to cover the additional four hours per day closures.
The public impact is expected to be minimal, as members of the public rarely request
services on these two dates.
For over twenty years the City of Palm Desert has closed at noon on Christmas and New
Year's Eves (provided they fall on a work day) and provided employees with four hours
of paid holiday time for each day. Over the past several years more local agencies have
Staff Report: Approval of PDEO MOU Side Letter #2
November 14, 2019
Page 2of2
extended holiday closures for the period between Christmas Eve and New Year's Day.
Holidays are listed in Municipal Code Section 2.52.700, which also states that "Any day
declared to be a holiday by proclamation of the mayor may also be observed." This was
last done by Mayor Robert Spiegel to honor the "National Day of Mourning for Ronald
Reagan."
The Council met in closed session with its labor negotiator on October 10, 2019 and
provided direction to enter into the attached Side Letter Agreement amending the terms
and conditions of the MOU to approve this request, through the term of the current
MOU, which ends June 30, 2022.
Fiscal Analvsis:
There is no direct budget impact from this request, total annual salary expenditures would
remain the same.
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
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OK per RWH e-mail ---�Z
Robert W. Hargreaves Lori Cam
City Attorney Directo net Moore Lauri Aylaian
Administrative Services Director of Finance City Manager
Attachments:
Side Letter #2 to the PDEO MOU
CITY OF PALM DESERT
SIDE LETTER OF AGREEMENT - 2 - MODIFYING
THE 2017-2022 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PALM DESERT AND
THE PALM DESERT EMPLOYEES ORGANIZATION
Wo l :] ii l �ysl ► 111 OJAI I
This Side Letter of Agreement - 2 (Side Letter r2) is entered into this 1411 day of
November 2019, by and between the City of Palm Desert (City) and the Palm
Desert Employees Organization (PDEO). City and PDEO are sometimes
individually referred to as "Party" and collectively as "Parties" in this Side Letter.
2. RECITALS.
2.1. City and PDEO entered in a Memorandum of Understanding effective July 1, 2017
through June 30, 2022 (MOU).
2.23he MOU was amended by Side Letter of Agreement effective June 28, 2018, to
provide for certain cost of living adjustments.
2.3.Article 2.1 of the MOU memorializes the Parties' agreement to meet and confer
with respect to any subject or matter related to this MOU, further, in accordance
with the Meyers-Milias-Brawn Act the Parties agree to meet and confer on issues
related to wages, hours and working conditions.
2.4.The existing MOU does not reference Holidays, however, they are an existing
benefit defined in Palm Desert Municipal Code, Section 2.52.700. As defined in
this section a Holiday includes "Any day declared to be a holiday by proclamation
of the mayor..."
2.5.The PDEO made a formal request to the City Council to authorize the Mayor to
declare December 24 (Christmas Eve) and December 31 (New Year's Eve) as
Holidays in the City of Palm Desert for Calendar year 2019.
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2.6.After meeting and conferring in good faith, the City proposed that these holidays
be recognized through June 30, 2022, the end of the current MOU, and the PDEO
agreed. The City and the PDEO desire to modify certain terms and conditions of
the MOU as set forth in this Side Letter.
2.7.This Side Letter #2 shall be in effect following City Council Approval.
3. TERMS
3.1.1n Article 5 of the MOU, Subsection 5.8 is added as follows:
5.8 Christmas Eve and New Year's Eve Holidays
The following dates are declared full -day Holidays in accordance with
PDMC Section 2.52.700:
a. Christmas Eve, December 24
b. New Year's Eve, December 31
This declaration amends the Designated Holidays as follows:
1,. * )I Christmas Eve`;
December 25th, Christmas Day;
0 e-half day for New Year's Eve'.
City Hall will be closed on these dates, and full-time employees shall be
credited with eight (8) hours of holiday pay for each day.
The Alternative Work Week (9/80) Schedule policy applies, and any
employee scheduled to work 9 hours on either of these dates shall use one
(1 ) hour of vacation, floating holiday or comp time to receive full pay for the
day.
3.2.Entire Agreement; Continuing Effect of MQU. It is understood that the specific
provisions contained in this Side Letter #2 shall supersede any previous
agreements, whether oral or written, regarding the matters expressly addressed
herein.
3.3.Expiration of Side Letter 42. This Side Letter #2 shall expire and become null and
void on June 30, 2022, upon expiration of the MOU, at which time the terms and
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conditions of this Side Letter #2 will be reviewed for applicability of extension into
a successor agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed on the date first hereinabove written:
PDEO Board CITY
Date John Urkov Date Lauri Aylaian
PDEO Board Member City Manager
Date Cora Gaugush Date Lori Carney
PDEO Board Member ❑irector Admin. Services
Date DuWayne Olson ❑ate Janet Moore
PDEO Board Member ❑irector of Finance
Date Jeremy Frey Date Robert Hargreaves
PDEO Board Member City Attorney
Date Jose Rojas
PDEO Board Member
ATTEST:
Date Rachelle Klassen
City Clerk
City of Palm Desert
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