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HomeMy Public PortalAbout10-121AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARSON AND THE ASSOCIATION OF CONFIDENTIAL EMPLOYEES (ACS) REPRESENTING THE CONFIDENTIAL EMPLOYEE BARGAINING UNIT OF THE CITY OF CARSON JULY 1, 2007 - JUNE 30, 2013 RESOLUTION NO. 10 -121 APPROVED NOVEMBER 16, 2010 This Article 1 replaces and supersedes Article 1 of the 2007 -2011 MOU: ARTICLE I RECOGNITION The parties have met and conferred regarding an extension to the existing Memorandum of Understanding ( "MOU ") and this amendment reflects the agreed -upon modified term of and additional new terms to the existing MOU. All terms and conditions of the existing MOU shall continue unless expressly modified herein. The City of Carson (hereinafter the "City ") recognizes the Association of Confidential Employees (hereinafter the "Association" or "ACE ") as the sole exclusive bargaining agent for those City employees designated as being in the "Confidential" employee bargaining unit (hereinafter "Unit ") for all matters concerning wages, hours and working conditions. The classifications contained in this Unit are set forth in Appendix A. It is agreed that this Memorandum of Understanding (hereinafter the "MOU ") was negotiated pursuant to Chapter 10 (Section 3500 et. seq.) of Division 4, Title 1, of the Government Code, and pursuant to City Resolution No. 85 -107, adopting a revised Employer- Employee Relations Resolution (hereinafter the "EERR "). The Association recognizes the City Manager, his /her designee and /or the City's Employee Relations Officer as the exclusive representatives of the City for purposes of negotiating this MOU. ARTICLE III COMPENSATION SECTION 1. - SALARY: This Section 1.5 replaces and supersedes Section 1.5 of the 2007 -2011 MOU: 1.5 2011 -2012: No COLA This Section 1.6 is hereby added to the 2007 -2011 MOU and becomes effective upon City Council adoption of this Amendment No. 1 to the 2007 -2011 MOU: 1.6 2012 -2013: No COLA This Section 7 replaces and supersedes Section 7 of the 2007 -2011 MOU: SECTION 7. - REDEMPTION OF ACCUMULATED LEAVE: During the 2010/11 fiscal year, eligible Unit members will not be entitled to redeem accrued leave(s) for cash. Any leave accrued during the 2010/11 fiscal year will continue to accumulate and maximum accrual caps will be waived for FY 2010/11 and FY 2011/12. During the 2011/12 and 2012/13 fiscal years, eligible Unit members covered by this MOU may redeem up to one hundred (100) hours of any accumulated leave in each calendar year of this MOU. The redemption shall be subject to the following conditions: 1 7.1 Sick leave will be paid at a rate of one (1) hour of pay for each two (2) hours of sick leave redeemed. 7.2 All other types of leave will be paid at the rate of one (1) hour of pay for each hour of leave redeemed. SECTION 15. - SICK LEAVE INCENTIVE PLAN: This Section 15.5 is hereby added to the 2007 -2011 MOU and becomes effective upon City Council adoption of this Amendment No. 1 to the 2007 -2011 MOU: 15.5 Unit members will not be entitled to redeem sick leave in January 2011 under the sick leave incentive program, which applies to the 2010 calendar year. However, any sick leave accrued during the 2010/11 fiscal year will continue to accumulate and the maximum sick leave accrual cap will be increased to one thousand two hundred (1,200) hours for the term of this agreement. This Section 16 is hereby added to the 2007 -2011 MOU and becomes effective upon City Council adoption of this Amendment No. 1 to the 2007 -2011 MOU: SECTION 16 . - FURLOUGHS: During FY 2010 /11, full -time Unit members will be "furloughed" and will not receive pay for twelve (12) furlough days, which is the equivalent of one hundred twenty (120) hours. Unit members must take a minimum of one (1) furlough day, or ten (10) hours, per month. The date of each furlough day shall be determined by the Unit member, subject to departmental approval. To record a furlough day, Unit members must submit a leave request (using payroll code 59) that states the time being taken is to be considered as a furlough day. If by March 31, 2011, any Unit member has not taken all his/her required furlough days or has not scheduled them and had them approved by his/her supervisor, the City shall have the right to schedule the remaining furlough days at the City's discretion. During any workweek in which furloughs are served, exempt Unit members will be considered non - exempt and will be paid on an hourly basis. Unit members are advised not to work more than thirty (30) hours during any week in which they take furlough time. Additional furlough days may be taken on a voluntary basis with the approval of the general manager. Holiday pay can be forfeited and considered a furlough day if the Unit member records the holiday on their timesheet as a furlough day, using the appropriate payroll code 59 on their timesheet, and the Unit member does not work in excess of thirty (30) hours in that workweek. 2 ARTICLE IV LEAVES SECTION 1. - ANNUAL LEAVE: This Section 1.7 replaces and supersedes Section 1.7 of the 2007 -2011 MOU: 1.7 Effective November 1, 2006, Unit members shall not accrue more than five hundred (500) hours of annual leave. For FY 2010/11 and FY 2011/12, the maximum accrual cap will be waived, as outlined in section 7 of Article III. SECTION 2. - SICK LEAVE: This Section 2.2 replaces and supersedes Section 2.2 of the 2007 -2011 MOU: 2.2 Unit members may accrue a maximum of one thousand two hundred (1,200) hours of sick leave. Unit members may use accrued sick leave only after completing their initial month of service. SECTION 3. - HOLIDAY LEAVE: These Sections 3.2 and 3.3 replace and supersede Sections 3.2 and 3.3 of the 2007 -2011 MOU: 3.2 When any day designated as a holiday falls on a Friday or Saturday, the ten (10) hours of holiday leave will be converted to annual leave and added to the Unit members annual leave balance. When any day designated as a holiday falls on a Sunday, the following Monday shall be observed as the holiday. In order to be paid for a holiday or receive the leave conversion, the Unit member must work his or her full regularly- scheduled workday immediately before and after the holiday unless the Unit member is absent from any portion or all of his or her regularly- scheduled workday immediately before or after the holiday on authorized paid leave. A Unit member shall not receive pay for a holiday, or receive the leave conversion, if any leave without pay (except furlough leave) was used by the Unit member during his or her regularly- scheduled workday immediately before or after the holiday. 3.3 In the event that the Mayor or the City Council declares a portion of the day before Christmas (December 24th) or a portion of the day before New Year's Day (December 31st) to be a holiday, the Unit member must use such additional holiday leave when granted, and such leave cannot be accrued. Unit members absent on other paid leave when such additional holiday leave is granted shall not receive compensatory leave or additional pay because of their absence. A Unit member shall not receive holiday pay for this half -day holiday if any leave without pay (except furlough leave) was used by the Unit member during his or her regularly- scheduled workday immediately before or after the half -day holiday. 3 SECTION 4. - ADMINISTRATIVE LEAVE: This Section 4.1 replaces and supersedes Section 4.1 of the 2007 -2011 MOU: 4.1 Unit members who are designated exempt shall be credited with ten (10) hours of administrative leave per month. Effective January 1, 2006, Exempt Unit members may accrue a maximum of one hundred sixty (160) hours of administrative leave. For FY 2010/11 and FY 2011/12, the maximum accrual cap will be waived, as outlined in section 7 of Article III. SECTION 5. - COMPENSATORY LEAVE: This Section 5.2 replaces and supersedes Section 5.2 of the 2007 -2011 MOU: 5.2 Effective January 1, 2006, Unit members may accrue a maximum of eighty (80) hours of compensatory leave. For FY 2010/11 and FY 2011/12, the maximum accrual cap will be waived, as outlined in section 7 of Article III. ARTICLE V INSURANCE AND RETIREMENT BENEFITS This Section 1 replaces and supersedes Section 1 of the 2007 -2011 MOU: SECTION 1. - HEALTH INSURANCE PREMIUM: 1.1 Effective January 1, 2008, the City shall pay up to, but not exceed, one thousand twenty - four dollars ($1,024.00) per month for health insurance provided by the City for each full -time Unit member and his /her eligible dependents. 1.2 Effective January 1, 2009, the City shall pay medical premium increase of the highest full- family HMO rate up to a cap of 15 %. 1.3 Effective January 1, 2010, the City shall pay medical premium increase of the highest full - family HMO rate up to a cap of 15% plus any cap percentage left over from prior year not to exceed 25% total. 1.4 Effective January 1, 2011, the City shall pay medical premium increase of the highest full- family HMO rate up to a cap of 15% plus any cap percentage left over from prior 2 years not to exceed 35% total. 1.5 Effective January 1, 2012, the City shall pay the medical premium increase of the highest full- family HMO rate up to one thousand four hundred dollars ($1,400.00) monthly allowance. 1.6 Effective January 1, 2013, the City shall pay the medical premium increase of the highest full- family HMO rate up to a cap of 10% above the January 1, 2012 allowance. 4 1.7 The cafeteria cap on the use of excess monies shall be one hundred fifty -five dollars ($155.00) per month for employee -only coverage and one hundred forty -four dollars ($144.00) per month for employee -plus one coverage. 1.8 Unit members shall have the right to use monies remaining from the sums provided for health insurance to purchase additional term life insurance, vision care and /or long term care insurance offered by the City. 1.9 Unit members may elect to discontinue or not elect health insurance coverage provided that they submit written proof of equivalent health insurance coverage. Unit members electing to discontinue or not electing health insurance coverage shall receive either sixty -five percent (65%) of the amount previously paid on the premium or sixty -five percent (65 %) of the lowest 2 -party premium, whichever is greater, to be put into a City - sponsored deferred compensation plan credited to the Unit member. Unit members may elect to resume health coverage during any open enrollment period, as a result of any change in status, or any other period of time authorized by the policies and requirements of the City- sponsored health coverage plans. 1.10 Unit members covered by this section shall have their choice of plans provided by the California Public Employees Retirement System (Ca1PERS), which are available in this service area. 1.11 Spouse and dependent coverage shall continue to be available as provided through Ca1PERS. A Unit member's spouse and dependent children under age twenty -six (26), as well as children over the age twenty -six (26) and incapable of supporting themselves due to physical or mental disabilities existing prior to obtaining age twenty -six (26) are currently eligible to be enrolled in the Ca1PERS health plans. This section will be in effect for the duration of this MOU, subject to any contract changes by Ca1PERS. 1.12 Eligible retired Unit members shall be covered by the health insurance provided by the City according to the rules established by Ca1PERS. For Unit members hired prior to the effective date of the Ca1PERS contract amendment providing for a two - tiered retiree health insurance program, the City shall pay the monthly health insurance premium for eligible retired Unit members' health insurance in the same monthly amount as provided for active full -time Unit members for the term of this MOU. For Unit members hired on or after the effective date of the Ca1PERS contract amendment providing for a two - tiered retiree health insurance program, the City shall pay a monthly health insurance premium for eligible retired Unit members' health insurance in accordance with the schedule on the following page: 5 Full -Time service with Carson at time of retirement 0 — 4.99 years 5 years 6 years 7 years 8 years 9 years 10 years DENTAL INSURANCE PREMIUM: % of difference between the required minimum contribution and the amount the City pays for active employees 0% 50% 60% 70% 80% 90% 100% This Section 2.2 replaces and supersedes Section 2.2 of the 2007 -2011 MOU: 2.2 Unit members may elect to discontinue or not enroll in the dental insurance program provided that they submit written proof of equivalent coverage. Unit members electing to discontinue or not enroll in the dental insurance program shall receive sixty -five percent (65 %) or fifty -six dollars and fifty -five cents ($56.55) to be placed into a City- sponsored deferred compensation plan credited to the Unit member. Unit members may elect to resume dental coverage during any open enrollment period, as a result of any change in status, or any other period of time authorized by the policies and requirements of the City- sponsored dental coverage plans. This Section 5 replaces and supersedes Section 5 of the 2007 -2011 MOU: SECTION 5. - CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS): 5.1 For those Unit members hired before the effective date of the Ca1PERS contract amendment providing for a tiered retirement benefit, the City shall include Unit members in the Ca1PERS "3% at 60" Plan with the following optional public agency contract provisions: i. The optional contract provision relating to one (1) year final compensation; ii. The optional contract provision relating to military service credit as public service; iii. The optional contract provision relating to the 1959 Survivors Program at the level four benefits; iv. The optional contract provision relating to City payment of the Unit member's normal Ca1PERS member contribution so long as the normal member contribution established by Ca1PERS does not exceed seven percent (7 %) of the Unit member's salary. In the event the amount of normal Ca1PERS member 6 contribution exceeds seven percent (7 %) of the Unit member's salary, the Unit member shall be personally responsible for making any such additional Ca1PERS member contribution. v. Unit members shall be allowed part time buyback, but solely at their own cost. vi. Two - tiered retirement: The City and the Association agree to allow the City to implement a tiered retirement system, City -wide, to include a 2% @ 55 retirement benefit for new employees hired on or after the effective date of the Ca1PERS contract amendment implementing the tiered system, provided that all bargaining units have contractually agreed to the tiered system. No Unit member hired before the effective date shall be subject to this reduced retirement benefit. Furthermore, this agreement shall only run during the course of this contract and if not implemented will not automatically carryover to a successor contract. 5.2 For those Unit members hired on or after the effective date of the Ca1PERS contract amendment providing for a tiered retirement benefit, the City shall include such Unit members in the Ca1PERS "2% at 55" Plan with the following optional public agency contract provisions: i. The optional contract provision relating to one (1) year final compensation; ii. The optional contract provision relating to military service credit as public service; iii. The optional contract provision relating to the 1959 Survivors Program at the level four benefits; iv. The optional contract provision relating to City payment of a portion of the Unit member's normal Ca1PERS member contribution so long as the normal member contribution established by Ca1PERS does not exceed seven percent (7 %) of the Unit member's salary. In the event the amount of normal Ca1PERS member contribution exceeds seven percent (7 %) of the Unit member's salary, the Unit member shall be personally responsible for making any such additional Ca1PERS member contribution. For Unit members hired on or after the date of the Ca1PERS contract amendment providing for two - tiered retirement and two - tiered employer paid member contributions, the Unit member shall pay two percent (2 %) of the Unit member's normal member contribution. v. Unit members shall be allowed part time buyback, but solely at their own cost. 5.3 The City agrees to look at the Ca1PERS retirement benefit regarding sick leave conversion to additional service credit upon retirement. The City will request an actuarial study from Ca1PERS within two weeks of the adoption of the amended and extended MOUs. Within two weeks of the City's receipt of that actuarial study from Ca1PERS, the City will provide copies to ACE. ACE will then have 90 days from receipt of the actuarial study to notify the City as to whether or not they want to reopen negotiations with the City to discuss the results of the actuarial study and the possible implementation of this Ca1PERS optional benefit. This Article IX replaces and supersedes Article IX of the 2007 -2011 MOU: ARTICLE IX GRIEVANCE PROCEDURE SECTION 1. - PURPOSE: The purpose of the Grievance Procedure is to establish channels of communication between Unit members, supervisors, and management. The City encourages all Unit members that have a grievance related to their working conditions to discuss the matter with their immediate supervisor without undue delay in order to resolve the issue. The purpose of these preliminary discussions is to settle disagreements fairly, as quickly as possible, and to eliminate problems before they evolve to grievances. SECTION 2. - DEFINITION: A grievance is a timely written complaint by one or more Unit members concerning the application or interpretation of the provisions of this MOU affecting Unit members' wages, hours, and working conditions. SECTION 3. - GRIEVANCE STEPS: The grievance procedure shall be used to resolve a Unit member's complaints as defined in Section 2 above. The grievance procedure shall consist of the following "Steps." Step 1. A Unit member shall have the right to present a grievance, in writing, within five (5) working days of the action or incident causing the grievance. Such grievance shall be provided to the immediate supervisor of the Unit member. If the Unit member's immediate supervisor is the City Manager, the grievance shall be advanced directly to Step 3, the Human Resources Officer. All grievances shall state the violation of this MOU, how it affects the Unit member's wages, hours, working conditions or job security, and the Unit member's requested remedy. Within ten (10) working days of receipt of the grievance, the immediate supervisor shall render a written decision responding to the grievance and return the completed grievance form to the Unit member. Failure of the immediate supervisor to render a written response on the grievance within ten (10) working days of receipt of the grievance shall constitute a constructive denial of the grievance. If denied, and the Unit member wishes to move the grievance to the next Step in the grievance process, then the Unit member shall move the grievance to the General Manager, City Clerk, or City Treasurer within the chain of command, in accordance with Section 3, Step 2 of this Article. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this Article when the Unit member does not seek further review of the grievance within five (5) working days after response to or constructive denial of the grievance by the immediate supervisor. 8 Step 2. If the immediate supervisor's response does not satisfactorily resolve the complaint, and /or the grievance is denied, then the Unit member and /or the Unit member's designated representative may submit the grievance to the General Manager, City Clerk, or City Treasurer within the chain of command, within five (5) working days of the immediate supervisor's actual or constructive decision on the grievance. The General Manager, City Clerk, or City Treasurer shall contact and discuss the grievance with the Unit member and /or the Unit member's designated representative and shall discuss the grievance with the Unit member's immediate supervisor. Within ten (10) working days after receipt of the grievance, the General Manager, City Clerk, or City Treasurer shall render a written response to the grievance and the completed grievance form shall be returned to the Unit member. Failure of the City Manager, City Clerk, or City Treasurer to render a written response on the grievance within ten (10) working days of receipt of the grievance shall constitute a constructive denial of the grievance. If the General Manager, City Clerk, or City Treasurer response does not satisfactorily resolve the complaint, the Unit member and /or Unit member's designated representative may present the grievance to the Human Resources Officer, within five (5) working days of the next immediate supervisor's response to or constructive denial of the grievance. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this Article when the Unit member does not seek further review of the grievance within five (5) working days after response to or constructive denial of the grievance by the General Manager, City Clerk, or City Treasurer. Step 3. If the General Manager, City Clerk, or City Treasurer's response does not satisfactorily resolve the complaint, and /or the grievance is denied, then the Unit member and /or the Unit member's designated representative may submit the grievance to the Human Resources Officer, within five (5) working days of the General Manager, City Clerk, or City Treasurer's actual or constructive decision on the grievance. The Human Resources Officer shall contact and discuss the grievance with the Unit member and /or the Unit member's designated representative and shall discuss the grievance with the Unit member's General Manager, City Clerk, or City Treasurer and/or others within the Unit member's chain of command. Within ten (10) working days after receipt of the grievance, the Human Resources Officer shall render a written response to the grievance and the completed grievance form shall be returned to the Unit member. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this Article when the Unit member does not seek further review of the grievance within five (5) working days after response to or constructive denial of the grievance by the Human Resources Officer. Failure of the Human Resources Officer to render a written response on the grievance within ten (10) working days of receipt of the grievance shall constitute a constructive denial of the grievance. If the Human Resources Officer's response does not satisfactorily resolve the complaint, the Unit member and /or Unit member's designated representative may present the grievance to the City Manager, within five (5) working days of the Human Resources Officer's response to or constructive denial of the grievance. Prior to submitting any grievance to the City Manager in accordance with Step 4, all Unit members are required to 9 submit their grievance to the Human Resources Officer in accordance with the timing requirements and procedures of this Step 3. Step 3a. Before moving a grievance to the City Manager's step, a Unit member may request an advisory mediation session. At the present time, there is no cost associated with advisory mediation sessions. If, in the future, there is a cost associated with advisory mediation sessions, the City and the Association of Confidential Employees will reopen discussions as to how that cost will be paid. Step 4. If the grievance is not satisfactorily resolved through presentation of the complaint to the Human Resources Officer, as applicable, pursuant to Step 3 or through advisory mediation pursuant to Step 3A, and /or the grievance is denied, the Unit member and /or the Unit member's designated representative may thereafter submit the grievance to a non - involved General Manager in lieu of the City Manager. The hearing officer shall be mutually agreed upon by both parties. When the Unit member presents a grievance to a non - involved General Manager in lieu of the City Manager, the selected person shall discuss the grievance with the Unit member and /or the Unit member's designated representative. The selected person shall also discuss the grievance with the Unit member's immediate supervisor and the Human Resources Officer, General Manager, the City Clerk or the City Treasurer, as applicable. Within ten (10) working days after receipt of the grievance, the selected person shall render a written decision on the grievance. Failure of the selected person to render a written response on the grievance within ten (10) working days of receipt of the grievance shall constitute a constructive denial of the grievance. The decision or constructive denial of the selected person shall resolve the grievance and no further review of the subject matter of the grievance shall be permitted within the City's administrative process. Thereafter, the Unit member may consider the administrative procedures completed and sue for redress of the grievance. SECTION 4. - NON - DEPARTMENTAL GRIEVANCES: Grievances resulting from decisions or actions outside the work group chain -of- command shall be initiated by the Unit member and /or the Unit member's representative with the General Manager, the City Clerk or the City Treasurer, as applicable, of the work group from which the decisions or actions occurred, and will follow the procedures as detailed in Section 3 of this Article. SECTION 5. - EXTENSIONS OF TIME: The City and Unit members and /or the Association may agree to extensions of time to perform the acts described in this Article, but such extensions must be confirmed in writing and signed by all parties. 10 SECTION 6. - MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE: 6.1 Those matters not specifically provided for under the definition in Section 2 above. 6.2 Disputes involving performance reviews arising from the application of the provisions of SMP No. 6.4. SECTION 7. - REPRISALS: The City shall not institute any reprisals against any Unit member or designated representative resulting from the use of the grievance procedure. ARTICLE XII LAYOFF This Section 1 replaces and supersedes Section 1 of the 2007 -2011 MOU: SECTION 1. - PREREQUISITE FOR LAYOFF: There will be no layoff notices issued from the date of the City Council's adoption of this Amendment No. 1 to the 2007 -2011 MOU through June 30, 2011. After June 30, 2011, if the City Manager determines that a reduction in personnel is necessary for economic reasons, then the order of layoff shall observe the "seniority rule" in putting the reduction into effect. (Government Code § 45100.) It is agreed by the City and the Association that the seniority rule shall mean that when any classification having two or more Unit members is subject to less than a complete lay off, then the Unit members shall be laid off in order of reverse seniority based first upon actual service time in the classification, and in instances where that is equal, then on tenure, defined as cumulative, actual City service time. Reductions in the City's work force for reasons other than solely economic reasons shall continue to observe the layoff order as set forth below in subsections 1.1 through 1.4, and Section 2: 1.1 All temporary, seasonal, and /or recurrent and probationary Unit members have been released from the classification. 1.2 Unit members in the classification have been given an opportunity to seek lateral transfer or voluntarily demote to existing vacant positions, for which they meet minimum qualifications. 1.3 Management will meet and consult with the representative of the Association over alternative courses of action to avoid such layoff. 1.4 Notice of actual layoffs shall be given no less than twenty -eight (28) calendar days before the date of implementation. Such notice shall include: a. Classification where layoff is to occur; b. Seniority list by total actual City service in the affected classification; 11 c. List of current permanent vacancies in all classifications represented by the Association; and, d. Separate notice to any Unit member in the classification who has two (2) or more below standard evaluations within the preceding three (3) years. ARTICLE XIII DRAFTING PROVISIONS AND DURATION This Section 1 replaces and supersedes Section 1 of the 2007 -2011 MOU: SECTION 1. - FULL UNDERSTANDING: This Amendment No. 1 to the 2007 -2011 MOU sets forth the full and entire understanding of the parties regarding the matters contained herein, and any other prior or existing understandings or agreements by the parties, whether formal or informal, regarding the matters in this Amendment No. 1 to the 2007 -2011 MOU are hereby superseded and /or terminated in their entirety. All provisions of existing City rules and regulations, resolutions, ordinances and policies not specifically contained in, or referred to in this Amendment No. 1 to the 2007 -2011 MOU, shall remain in full force and effect, and are specifically not superseded or otherwise affected by this Amendment No. 1 to the 2007 -2011 MOU. The 2007 -2011 MOU and this Amendment No. 1 to the 2007 -2011 MOU, which, among other things, extends the term of the 2007 -2011 MOU through June 30, 2013, contain all the terms, covenants and stipulations of employment for confidential Unit members and supersedes all prior resolutions adopting MOUs for this Unit and practices except for those contained in the City's written rules and regulations, resolutions, ordinances and policies. It remains the parties' understanding that the City's Personnel Rules, however, do not apply to unclassified persons covered by this MOU. This Section 7 replaces and supersedes Section 7 of the 2007 -2011 MOU: SECTION 7. - DURATION: 7.1 This Amendment No. 1 to the 2007 -2011 MOU shall be binding on the City and the Association when adopted by the City Council. 7.2 The City and the Association agree that negotiations on a successor contract shall begin in the first week of March 2013. The Association will submit a list of requests to the City no later than February 14, 2013. Except as otherwise provided herein, the 2007 -2011 MOU and this Amendment No. 1 to the 2007 -2011 MOU shall be in full force and effect from July 1, 2007 and shall remain in full force and effect up to and including June 30, 2013. 12 This Section 8 replaces and supersedes Section 8 of the 2007 -2011 MOU: SECTION 8. - REOPENERS: The parties do specifically agree to reopen the meet and confer process during the term of this MOU only in regards to the following issues: A. Changes and /or revisions to the City's Personnel Rules and Regulations, including related SMPs; B. Changes and /or revisions to the City's EERR; C. Changes to Unit member job specifications; D. Changes to Sick Leave Bank policies and procedures; E. Acting Duty Pay Modification; F. Cafeteria caps for excess health insurance allowance; G. In May 2011, the City will meet with ACE to discuss a FY 2011/12 COLA. In May 2012, the City will meet with ACE to discuss a FY 2012/13 COLA; H. The parties agree to meet and confer to discuss corrections and /or changes to inconsistent or ambiguous language or sections of the MOU and agree to amend such language or sections as mutually agreed; and I. Job Sharing language. ARTICLE XIV CITY COUNCIL APPROVAL The City Manager and Employee Relations Officer of the City and the Association have met and conferred in good faith on wages, hours and other terms and conditions of employment for the Unit members represented by the Association and have reached agreements which are set forth in this Amendment No. 1 to the 2007 -2011 MOU. This Amendment No. 1 to the 2007 -2011 MOU constitutes a joint recommendation by the City's negotiators and the Association, after ratification of its membership, to be submitted to the City Council for its determination and approval by one or more resolutions, as the City Council may deem fit and proper. This Amendment No. 1 to the 2007 -2011 MOU is of no force or effect unless or until ratified and approved by a resolution of the City Council. [SIGNATURES ON FOLLOWING PAGE] 13 IT IS SO AGREED ACE Ed Holton ACE President Cecilia Malele ACE Vice - President erese Foisia ACE Secretary CITY OF CARSON Jerom City Manager a,C/kk(r& a Acosta A inistrative Services General Manager/ Employee Relations Officer J"YR Duane Munson Human Resources Officer.. Colin J. Tanner Deputy City Attorney PASSED, APPROVED and ADOPTED this 16th day of November, 2010. ATTEST: CITY CLERK HELEN APPROVED AS TO FORM: MAYOR JIM DEAR WAGOE, MMC 14 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council is five; that the foregoing resolution, being Resolution No. 10 -121 was duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 16th day of November, 2010, and that the same was passed and adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Mayor Dear, Santarina, Gipson and Davis - Holmes None None Ruiz -Raber 15 City Clerk Helen S. Kawago