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Home My Public Portal AboutC-20-159 - Cesar E. Chavez Date of Observance, Side Letter AgreementSIDE LETTER 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 ASSOCIATION, AND THE ASSOCIATION OF MANAGEMENT EMPLOYEE CHANGING THE DATE OF OBSERVANCE OF CESAR E. CHAVEZ DAY FROM MARCH 31, 2020 TO MARCH 30, 2020 FOR CALENDAR YEAR 2020 ONLY RECITALS W pursuant v' - - HEREAS, pu sua� t to the provisions of the Meyers Mrlras Brown Act (MMBA , Gov't Code §§ 3500 e/ seq.), the City of Carson ("City") may adopt reasonable rules and U regulations for the administration of employer-employee relations, and must meet and confer in good faith regarding wages. hours. and other terms and conditions of employment with representatives of recognized employee organizations 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 effective from July 1, 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 recognized 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 Day and which provides that all terms and conditions of the AFSCME 809 MOU shall be 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 City Council has not yet accepted, approved or adopted the Successor AFSCME 809 MO[J. and WHEREAS. the City and the American Federation of State, County and Municipal Employees. Council 36, Local 1017 ('`AFSCME 1017") entered into that certain Memorandum of Understanding which was approved on May 3. 2016, pursuant to adoption of City Resolution Nd. 16-040, and which was effective from July 1, 2015 through .lune 30. 2016 (the "AFSCME 1017 MOU"), and which provided under Article 1V, Section 3.1, that March 31st of every year would be Cesar E. Chavez Day, a recognized City holiday; and WHEREAS, on September 25, 2018, the City and AFSCME 809 entered into a Tentative Agreement for Successor AFSCME 1017 MOU ("AFSCME 1017 MOU TA"), which maintains March 31st as Cesar E. Chavez Day and which provides that all terms and conditions of the AFSCME 1017 MOU shall be maintained unless expressly modified in the AFSCME 1017 MOU TA until the Successor AFSCME 1017 MOU between the parties is accepted, approved and adopted by the City Council, which Successor AFSCME 1017 MOU shall then supersede and replace the AFSCME 1017 MMU TA; and WHEREAS, the Cit)' Council has not yet accepted. approved or adopted the Successor AFSCME 1017 MOU; and City of Carson Side Letter re Cesar E. Chavez Day March 30, 2020 WHEREAS, the City and the Carson Professionals And Supervisors Association ("CPSA") and the Association of Management Employees ("AME") entered into that certain Memorandum of Understanding which was approved on February 2,2016, pursuant to adoption of City Resolution No. 16-002, and which was effective frons .1u1y 1, 2015 through June 30, 2016 (the "CPSA/AME MOU"), and which provided under Article IV, Section 11, that March 31st of every year would be Cesar E. Chavez Day. a recognized City holiday; and WHEREAS, on January 8, 2019, the City and CPSA entered into an Amended & Restated Tentative Agreement for a Successor CPSA MOU ('`CPSA MOU TA"), which maintains March 31 st as Cesar F. Chavez Day and which provides that all terms and conditions of the CPSA MOU shall be maintained 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 MOU shall then supersede and replace the CPSA MOU TA; and WHEREAS, on .lanuary 8, 2019, the City and AME entered into an Amended & Restated Tentative Agreement for a Successor AME MOU ("AME MOU TA"), which maintains March 31 st as Cesar E. Chavez Day and which provides that all terms and conditions of the AME MOU shall be maintained unless expressly modified in the AME MOU TA until the Successor AME MOU between the parties is accepted. approved and adopted by the City Council, which Successor AME MOU shall then supersede and replace 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 AFSCME 809, AFSCME 1017, CPSA, AND AME have met and conferred, and I11LItUa11_v desire and agree to recognize Cesar E. Chavez Day on March 30, 2020 instead of March 31. 2020, for this year only, and then return to March 31 for recognition in subsequent years due to the current emergency declarations of the City Council and the desirous outcome of having employees off wort: 4 consecutive days. TERMS The foreyaoim, recitals are true and correct, and are incorporated herein by reference. 2. Having met and conferred on the topic, the City and the undersigned employee organizations agree to a one-time written modification of their respective Memoranda of Understanding." subsequent Tentative Agreements and any other understandings or past practices to change the recognition date of Cesar E. Chavez Day from March 31, 2020 to March 30, 2020, for this year only. 3. This Side Letter Agreement supersedes any prior agreements between the City and the undersigned employee organizations relative to the subject matter hereof. 4. This Side Letter Agreement is of no force or effect unless and until ratified by each employee organization and executed by their representative below, and approved and signed by the Mayor of the City and the City Manager acting also as the designated Disaster Council. City of Carson Side Letter re Cesar E. Chavez Day March 30, 2020 IT IS SO AGREED: For AFSCME 809: Meni, For City of Carson: Date Aeri Robles, Mayor Date For AF ME 1017: S , Vice -President Date For CPSA: 32s 2020 Cfreo6a, President Date For A *wX00 Cristine Ga nnie, President Date APPROVED AS TO FORM Sunny Soltani, Esq. Counsel for the City of Carson Landers, S;�2 f_/'2� Date JrY( cqs Faye Mos ey Date Director of Human Resources & Risk Management City of Carson Side Letter re Cesar E. Chavez Day March 30, 2020 IT IS SO AGREED: For AFSCME 809: a Meni, resident Date For AF ME 1017: S , Vice -President Date For CPSA: Cjre �• , President Date For A Cristine Galknnie, President Date APPROVED AS TRM ,r Sunny Sol ni, Esq. Counsel for the City of Carson For City of Carson: Albert Robles, Mayor Date zp anager rn os 0,3/2.6-14_00-)D Faye Mos ey j Date Director of Human Resources & Risk Management City of Carson Side Letter re Cesar E. Chavez Day March 30, 2020 4ok,�`� CITY OF CARSON INTEROFFICE MEMORANDUM TO: ANA MENI, AFSCME LOCAL 809 PRESIDENT FROM: FAYE MOSELEY, DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT / LABOR RELATONS OFFICER SUBJECT: CHANGE IN 2020 CESAR E. CHAVEZ (HOLIDAY RECOGNITION DATE: MARCH 25, 2020 In agreement of exchanging the 2020 Cesar E. Chavez Holiday from Tuesday, March 31, 2020 to Monday, March 30, 2020, as this day granted is now a holiday granted as the recognition of the 2020 Cesar E. Chavez Holiday, the AFSCME 809 Full -Time Unit Member, who has Monday as a regularly scheduled day off, will receive ten hours of holiday leave which will be converted to annual leave and added to the Unit members' annual leave balance. In order to get this leave conversion, the Unit member must work the full scheduled work period immediately before and immediately after the holiday unless the Unit member is absent from any portion or all of the scheduled work period immediately before and after the March 30, 2020 holiday on authorized paid leave. The AFSCME Local 809 Full -Time Unit member shall not receive pay for a holiday if any leave with pay (except furlough leave) was used by the Unit member during his or her work period immediately preceding or following March 30, 2020. IT IS SO AGREED: For AFSCME 809: k�_ 2, . yOs,7 a Meni President Date President 64�._�►� Colin Tanner, Witness Date Deputy City Attorney For City of Carson: jc,C (VI O -S 03 Faye Mose ey Date Labor Relations Officer