HomeMy WebLinkAboutRESO 9029Resolution No. 9029
Resolution of the Council of the City of Palo Alto
Amending Section 1601 of the Merit System Rules and
Regulations Regarding the 2007-2010 Memorandum of
Agreement between the City of Palo Alto and the Palo Alto
Peace Officers' Association, to Allow Members to Defer the
2009 Salary Increase for One Year and Extend the Term of
the 2007-2010 Memorandum of Agreement ("MOA") for
One Additional Year
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1.
amended to read as follows:
Section 1601 of the Merit System Rules and Regulations is hereby
"1601. Memorandum of agreement incorporated by reference. That certain
memorandum of agreement by and between the City of Palo Alto and Palo Alto
Peace Officers' Association, consisting of a Preamble and Sections 1 through 50 and
Appendix A, for a term commencing July 1, 2007, and expiring June 30, 201 0, as
amended to allow deferral of the 2009 salary increase for one year and extend the
term through June 30, 2011, is hereby incorporated into these Merit System Rules
and Regulations by reference as though fully set forth herein. Said memorandum, as
amended, shall apply to all employees in classifications of police officer trainee,
police officer, police agent, and police sergeant, except where specifically provided
otherwise herein.
In the case of conflict with this chapter and any other provisions ofthe Merit System
Rules and Regulations, this chapter will prevail over such other provisions as to
employees represented by said Palo Alto Peace Officers' Association."
SECTION 2. The Memorandum of Agreement ("MOA") incorporated into the Merit
System Rules and Regulations by Section 1 of this Resolution amends the MOA incorporated into
the Merit Rules by Resolution No.8778 by incorporating the side letter set forth in Exhibit "A,"
attached hereto and incorporated herein by reference.
SECTION 3. The changes provided for in this resolution shall not affect any right
established or accrued, or any offense or act committed, or any penalty of forfeiture incurred, or any
prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this
resolution.
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SECTION 4. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED: January 11,2010
AYES: BURT, ESPINOSA, HOLMAN, KLEIN, PRICE, SCHARFF, SCHMID,
SHEPHERD,YEH
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
~4 ayor
. APPROVED AS TO FORM:
Director of .. strative Services
D~~ Director of Human Resources
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EXHIBIT "A"
Side Letter to the 2007-2010 Memorandum of Agreement
100104 sh 8261231
SIDE LETTER TO THE 2007M2010
MEMORANDUM OF AGREEMENT BETWEEN
THE PALO ALTO PEACE OFFICERS' ASSOCIATION
AND
THE CITY OF PALO ALTO
WHEREAS, on December 17,2007, .the City Council approved a Memorandum
of Agreement (UMOA") between the City of Palo Alto ("City") and the Palo Alto Peace
Officers' Association ("PAPOA") (collectively referred to as the "Parties") for the period
of July 1,2007 through June 30, 2010; and
WHEREAS Sections 7(a)(3) and 7(b)(4) of the MOA provide that the City shall
increase the salary range for all classifications in PAPOA by a total of six percent (6%)
effective with the pay period including July 1. 2009 (the "Increase"); and
WHEREAS, the City made available the pay raise as scheduled; however, facing
a budget deficit of more than $10 million for fiscal year 2010, the City approached the
labor groups, including ,PAPOA, on or around May 2009, to discuss alternatives to
implementing the Increase given the City's budget challenges; and
WHEREAS, to help address the City's pudget challenges, PAPOA and the City
have agreed to enter into this side letter agreement.
NOW, THEREFORE, PAPOA and the City agree as follows:
Section 1. Subsection (f) is hereby added to Section 7 of the MOA (Salary
Provisions) to read as follows:
__ (!L VoluntaryJ:leferraLof:EiseaLYear-1009-10-Salar-y-Inerease.-In-reco-gnitiUITof
fu~_C!ty',§_.h.udget challenges, "members ofPAPOA have voluntarily agreed"to"defer'the
salary increases agreed to in this MOA for the 2009-2010 fiscal year, which are set forth
in Sections 7(a)(3) and 7(b)(4) (the "Increase") and shown on the salary schedule for the
2009-10 fiscal year (Attachment A). PAPOA has provided a list to the City of the
individuals who have agreed to defer the Increase. The effective date of the Increase for
the employees who have elected to defer the Increase shall be deferred to the pay period
including July 1, 20 I O.
Section 2. Section 49 of the MOA (Duration) is hereby amended to read as follows:
"Except as expressly and specifically provided otherwise herein for the
retroactive application of a specific provision(s), this Memorandum of
Agreement shall become effective upon ratification by both parties hereto
and remain in effect through June 30, 20 II."
Palo Alto Peace Officers' Association
BY:~~
Date: \ rl ~ 1 0<1 Date:~9":-___ _
Approved as to Fonn:
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