The URL can be used to link to this page

Home My Public Portal About20-060 - DISASTER COUNCIL - Observance of Cesar Chavez Holiday Date Change---------- RESOLUTION NO. 20-060 A RESOLUTION OF THE DISASTER COUNCIL OF THE CITY OF CARSON, CALIFORNIA: (1) APPROVING SIDE LETTER AGREEMENT WITH AFSCME LOCALS 809 & 1017, THE CARSON PROFESSIONAL AND SUPERVISORS ASSOCIATION, AND THE ASSOCIATION OF MANAGEMENT EMPLOYEES; (2) AMENDING RESOLUTION NO. 19-036 PERTAINING TO THE CHIEF DEPUTY CITY CLERK AND CHIEF DEPUTY CITY TREASURER CLASSIFICATIONS; (3) AMENDING RESOLUTION NO. 18-170, AS AMENDED AND RATIFIED BY RESOLUTION NO. 19-015, PERTAINING TO THE UNCLASSIFIED MANAGEMENT EMPLOYEES; ANO (4) DEEMING AMENDED ANY OTHER CITY RESOLUTIONS GOVERNING HOLIDAY LEAVE BENEFITS FOR UNREPRESENTED CITY OFFICERS AND EMPLOYEES WHICH SPECIFY A MARCH 31 DATE OF OBSERVANCE FOR CESARE. CHAVEZ DAY, TO CHANGE THE DATE OF OBSERVANCE OF THE CESARE. CHAVEZ DAY HOLIDAY FROM MARCH 31 TO MARCH 30 FOR THE 2020 CALENDAR YEAR ONLY WHEREAS, on March 17, 2020, the City Council of the City of Carson declared a local emergency due to the COVID-19 pandemic, and created the Disaster Council to take emergency actions as necessary to respond to the effects of the COVID-19 pandemic during the period of the declared local emergency; and WHEREAS, the declared local emergency remains in effect as of the date of this resolution and will continue in effect until terminated by the City Council; and WHEREAS, the City has executed a Side Letter Agreement dated March 25, 2020 with the American Federation of State, County and Municipal Employees Union (AFSCME) Locals 809 and 1017, the Carson Professional & Supervisors Association, and the Association of Management Employees, changing the date of observance of the Cesar E. Chavez Day holiday from March 31, 2020, to March 30, 2020, for the calendar year 2020 only, and then to return to March 31 for observance of such holiday in subsequent years, due to the declared local emergency and the desirous outcome of having employees off work for four (4) consecutive days (the "Side Letter Agreement"); and WHEREAS, Section 4 of the Side Letter Agreement provides that it is of no force or effect unless and until approved and signed by the Mayor of the City and the City Manager acting also as the Disaster Council; and WHEREAS, pursuant to Section 4 of the Side Letter Agreement, the Disaster Council hereby intends to approve the Side Letter Agreement and ratify the execution thereof by the City's signatories; and WHEREAS, the City wishes to achieve the same outcome with respect to its employees and officers that are not represented by one of the aforementioned unions, and to that end, the 01007.0004 !639981 .I 0 --~---= RESOLUTION NO. 20-060 Disaster Council hereby desires and intends to amend all resolutions governing holiday leave benefits for such employees which specify a March 31 date of observance of Cesar E. Chavez Day, to change the date of observance to March 30 for the 2020 calendar year only, including but not limited to: (1) Resolution No 19-036, pertaining to the Chief Deputy City Clerk and Chief Deputy City Treasurer Classifications; and (2) Resolution No. 18-170, as amended and ratified by Resolution No. 19-015, pertaining to the City's Unclassified Management Employees. NOW, THEREFORE, THE DISASTER COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES HEREBY RESOLVE, FIND, DETERMINE, ANO ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. The Side Letter Agreement, a true and correct copy of which is attached hereto as Exhibit "A," is hereby approved, and the execution thereof by the City's signatories is hereby ratified. SECTION 3. Section 11 (Holiday Leave) of Article IV (Leaves} of Resolution No. 19-036 is hereby amended to change the date of observance of the Cesar E. Chavez Day holiday for the Chief Deputy City Clerk and Chief Deputy City Treasurer Classifications from March 31, 2020 to March 30, 2020, for the calendar year 2020 only. SECTION 4. Section 4 {Holiday Leave} of Article IV (Leaves) of Resolution No. 18-170, as amended and ratified by Resolution No . 19-015, is hereby amended to change the date of observance of the Cesar E. Chavez Day holiday for the City's Unclassified Management Employees from March 31, 2020 to March 30, 2020, for the calendar year 2020 only. SECTION 5. Any and all other City resolutions governing holiday leave benefits for City officers and employees not subject to the Side Letter Agreement which specify a March 31 date of observance of the Cesar E. Chavez Day holiday are hereby deemed amended such that the date of observance of the holiday for such officers and employees shall March 30 instead of March 31, for the 2020 calendar year only. SECTION 6. This resolution shall be effective immediately upon its adoption. SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions. (SIGNATURES ON THE FOLLOWING PAGE] O I 007.0004/63998 l .1 RESOLUTION NO. 20-060 PASSED, APPROVED AND ADOPTfD THI< 26~ DAV: MAAv_ 0 A~ERT ROBLES. MAYOR IA GAUSE-ALDANA, CITY C ~~ APPROVED AS TO FORM: ~~ Fon SUNNY K 5DLTANi, cm· ATIORrJEY ~~.!"'..)"'A,,,·,., Q...3o..M, ~~,-~C.~y-#.~ 01007 .0004/639981 .1 EXHIBIT "A" SIDE LITTER AGREEMENT (to be attached] l RESOLUTION NO. 20-060 [] SIDE LEITER AGREEMENT BETWEEN THE CITY OF CARSON AND THE AMERICAN FEDERATION OF STATE. COUNTY AND MUNICIPAL EMPLOYEES UNION (AFSCME) LOCALS 809 & 1017. THE CARSON PROFESSIONAL & SUPERVISORS ASSOCIAT ION. AND THE ASSOCIATION OF MANAGEMENT EMPLOYEE CHANGING THE DATE OF OBSERVANCE OF CESAR E. CHAVEZ DAY FROM MARCH 3 lt 2020 TO MARCH 30, 2020 FOR CALENDAR YEAR 2020 ONLY RECITALS WHEREAS, pursuant to the prO\'isions of the Meyers-Milias-Brown Act ("MMBA "; Gov'l Code §§ 3500 et seq.), the City of Carson ("City") may adopt reasonable rules and regulations for the adm inistmtion of cmploycr-i:mployec relations, and must meet and confer in good faith regarding wages. hours . and other 1cm1s and conditions of employment with represenlati\'CS of recognized employee organi,.ations for City employee bargaining units; and WHEREAS, the City and the American Federation of State, County and Municipal Employees, Council 36, Local 809 ( .. AFSCME 809'') entered into that certain Memorandum of Understanding which was approved on October 21. 2014, pursuant to adoption of City Resolution No. 14-100, and which was eflcctive from July J. 2013 through June 30, 2016 (the "AFSCME 809 Mou-·). and which provided under Article V. Section 8.1. that March 31 of every year would be Cesar E. Chavez Day. a recogniz ed City holiday ; and WHEREAS, on October 23. 2018. the City and AFSCME 809 entered into a Tentative Agreement for Successor AFSCME 809 MOU (~AFSCME 809 MOU TA"). which maintains March 31 as Cesar E. Chavez D.:1y and which provides that all terms and conditions of the AFSCME 809 MOU shall he maintained unless expressly modified in the AFSCME 809 MOU TA until the Successor AFSCME 809 MOU between the parties is accepted, approved and adopted by the City Council. which Successor AFSCME 809 MOU shall then supersede and replace the AFSCME 809 MOU TA: and WHEREAS, the Cit) Council ha ,; not )Cl accepted. approved or adopted the Successor AFSCME 809 MOU: and WHEREAS . the City and the American Federation of State, County and Municipal Employees. Counc il 36, Local IO 17 ( .. AFSCME IO IT) entered into that certain Memorandum of Unders1anding which was appro\'ed on Ma) 3. 2016, pursuant to adoption of City Resolution N6. 16-040. and which was clkc1hc from Jul) I. 2015 Lhrough June 30. 20t6 (the ·'AFSCME 1017 MOU-"). and which pnnided um.le!r Article IV. Scclion 3 J, that March 31st of every year would be Cesar E. Chavez Day . ..i recognized Cit; holiday : and WHEREAS, on September 25. 2018. lhc City nnd AFSCME 809 entered into a Tentative Agreement for Successor AfSCM[ 10}7 MOU c·ArSCMI 1017 MOU TA"). which maintains March 31st as Cesur E. Chm c, Da) and which prm ide s that all terms and conditions of the AFSCME 1017 MOU shall be maint.uncd unless c,pre!:>!1 1~ modified in the AFSCME !017 MOU TA until the Successor AFSCMr IO 17 MOU between the parties is accepted. approved and adopted by the City Council. which Successor AFSCME 1017 MOU shall then supersede and replace 1he AFSCME 1017 MOU TA . and WHEREAS. the Cil) Council has not yet accepted. approved or adopted the Successor AFSCME 1017 MOU: and City of Carson Side Le tter re Ce!\ar E. Chavez On) March 30. 2020 0 0 WI l[;'.REAS. the City and the Carson Professionals And Supervisors Association ("'CPSA .. ) and the Association of Management Employees ( .. AME.') entered into that certain Memorandum of tnderstanding which was approved on February 2.2016. pursuant to adoption of City Resolution No. I 6~002. and which was effective from July I. 2015 through June 30. 2016 (the "CPSNAME MOU"). and which provided under Article IV , Section 1 I, that March 31st of every year would be Cesar E. Clmvcz Day, a recognized Ci1y holiday; and WHEREAS , on January 8. ::!019. the City and CPSA entered into an Amended & Restated Tentathe Agreement for a Suu:cssor CPSA tvtOU r·CPSA MOU TN'), which maintains March 3 J st as Ce!-ar E. Ch,m.z Day ,md which provides that all tenns and conditions of the CPSA MOU shall be ma intained unless expressly modified in the CPSA MOU TA until the Successor CPSA MOU between the parties is accepted. approved and adopted by the City Council. which Successor CPSA MOl t shall then supersede and replace the CPSA MOU TA; and WIIERl:.AS, on January 8. 2019 , lhc Cily and Al'vl [ entered into an Amended & Restated Tentative Agreement for a Successor AME MOU ( .. AME MOU TN·). which maintains March 31st as Cesar E. Chavez Da) and which provides thal all terms and conditions of lhe AME MOU shall be maimained unless c~prcssly modified in the AM[ MOU TA until the Successor AME MOU between the parties is m:cepted. approved and adopted by the City Council, which Successor AMI.; MOU shall then supersede and replm:c the AME MOU TA ; and WHEREAS. the City Council has not yet accepted , approved or adopted the Successor CPSA MOU or AME MOU: and WHEREAS , the City and AFSCMf 809. AFSCME 1017. CPSA, AND AME have met and conferred. and mutuall) dc.,irc and agree 10 recogniic Ces..ir E. Chavez Day on March 30, 2020 instead of March 31. 2020. tor tins ) cnr only. and then return to March 31 for recognition in subsequent years due to the currenl emergency declarations of the City Council and the desirous outcome of having employees ol f \\Ork 4 consecuti\'e days. TFRMS l. The foregoing recital~ arc true anc.J correct, and are incorporated herein by reference. 2. Hnving mcl and contcrred on the topic. the City and the undersigned employee organizations agree to a one-time \\ritten modification of thei r respective Memoranda of Understanding. subsequent Tentati\ e Agreements and an) other understandings or past practices to change the recogni t ion date of Cesar C. Chavez Day from March 31 . 2020 to March 30, 2020, for this year onl y. 3. Thi s Side Letter Agrcc.:mcnt supersede!> any prior agreements between the City and the undersigned employee organizations rclath c to the subject matter hereof. 4. This Side Lett er Agreement is of no force or effect unless and until ratified by each employee organ ization and C'\ccutcd by their representative below, and approved and signed by the ivtayor of the Cit) and the Cit) Manager acting also as the designa ted Disaster Council. ") City of Carson Side Letter re Cesar E. ChJvc, Day March 30. 2020 IT IS SO AGREED: For AFSCME 809: ForCPSA: Date J~ mos~ o;a.(!i~!,2.P..W Faye Mosci Dale 1 Din:c1or of Human Resources & Risk Management For '.¥Xi2-o Dale APPROVED ~RM Sunny Sol ni, Esq . Counsel for the City of Carson 3 City of Carson Side Letter re Cesar E. Chavez Day March 30, 2020