HomeMy WebLinkAbout51 - PH-1 - Civic Openness in Negotiations (COIN) - 7/7/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: July 7Th, 2015
ITEM NUMBER: PH -1
SUBJECT: CIVIC OPENNESS IN NEGOTIATIONS (COIN) ORDINANCE SECOND PUBLIC HEARING
OF THE APPROVAL AND ADOPTION OF THE SIDE LETTER AGREEMENT (Attachment
1) TO THE 2013-2016 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
CITY OF COSTA MESA AND THE COSTA MESA CITY EMPLOYEES ASSOCIATION
(CMCEA), THE ADOPTION OF THE ACCOMPANYING SALARY RESOLUTION AND
ADOPTION OF THE CONFIDENTIAL SALARY RESOLUTION.
DATE: June 17'h, 2015
FROM: CHIEF EXECUTIVE'S OFFICE/HUMAN RESOURCES DIVISION
PRESENTATION LAURA KALTY, CHIEF NEGOTIATOR
BY: LANCE M. NAKAMOTO, HUMAN RESOURCES MANAGER
FOR FURTHER INFORMATION CONTACT: LANCE NAKAMOTO (714) 754-5172
RECOMMENDATION:
1. Hold the second Public Hearing as required by COIN.
2. Approve and adopt the Side Letter Agreement to the 2013-2016 Memorandum of
Understanding between the City of Costa Mesa and CMCEA effective June 28th, 2015.
3. Adopt Resolution Number 15- (Attachment II), which implements a four percent
(4%) cost of living adjustment for all CMCEA represented classifications.
4. Adopt Resolution Number 15- (Attachment III), which implements a four percent
(4%) cost of living adjustment for all unrepresented Confidential classifications.
ANALYSIS:
The current Memorandum of Understanding between the City and CMCEA specifies a
"singular reopener." The negotiations shall be limited to base salary only, Article 3 —
Salaries and Wages, 3.1 states:
"...Therefore, on or about June 1, 2015, the parties shall convene the meet and
confer process in this singular regard. "
At the March 17th, 2015 City Council Meeting, the City Council formally approved Assistant
Chief Executive Officer Tamara S. Letourneau and Laura Kalty, Partner, Liebert Cassidy
Whitmore to represent the City in negotiations with the CMCEA in accordance with the COIN
Ordinance. The City Council also approved and directed staff to have the independent fiscal
analysis completed of the current CMCEA MOU.
Subsequently, as the result of a legal Settlement Agreement (Attachment II) reached by
representatives from the City and CMCEA, the Parties agreed upon a wage increase for
CMCEA represented classifications.
The following are the relevant COIN provisions of the Side Letter Agreement:
• Wage Increase. The CMCEA members shall be provided with a four percent
(4%) base wage inclusive of the pay period of July 1, 2015. This wage increase
is expressly conditioned upon the City's compliance with the COIN process
required by the City's Municipal Code prior to implementation of the wage
increase.
• Unfreezing of Merit Increases. The City will unfreeze merit increases effective
June 28th, 2015, and this provision shall be set forth in the new MOU between
the City and CMCEA.
This agreement is presented to the City Council for final approval and adoption and is
included herein as Attachment I. The above mentioned provisions will also apply to
Confidential employees. The CMCEA Salary Resolution also includes a salary equity
adjustment for the Senior Communications Supervisor position. The salary range will be
equivalent to the Police Records Bureau Supervisor, Property and Evidence Supervisor and
Crime Scene Investigation Supervisor As a result of the studied incumbent's comparable
span of control, independent judgment and discretion exercised, this recommended
corrects a salary inequity that has existed since the studied position was assigned to the
Police Department's Support Services Division.
ALTERNATIVES CONSIDERED:
The parties through a legal Settlement Agreement have mutually agreed to the terms
stipulated in the Side Letter and appropriate alternatives need not be considered as a result..
FISCAL REVIEW:
The Fiscal Impact Analysis (Attachment IV) prepared and posted incompliance with the
COIN Ordinance recognizes City costs of approximately $1,154,297 for the current Fiscal
Year 2015-2016.
LEGAL REVIEW:
The City Attorney has reviewed the documents and approved them as to form.
CONCLUSION:
The July 7th Public Hearing is the second and final of the two mandated City Council
Meetings conducted pursuant to the COIN Ordinance. In conjunction with the Public
Hearing, Staff recommends that the City Council approve and adopt the CMCEA Side Letter
and corresponding CMCEA salary resolution as well as the Confidential salary resolution.
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LANCE M. NAKAMOTO
Human Resources Manager
STEPHEN DUNIVENT
Interim Finance Director
TAMARA S. LETOURNEAU
Assistant Chief Executive Officer
THOMAS DUARTE
City Attorney
DISTRIBUTION: Chief Executive Officer
City Clerk
ATTACHMENTS: I CMCEA Side Letter Agreement
II CMCEA Salary Resolution 15 -
III Confidential Salary Resolution 15 -
IV COIN Fiscal Impact Analysis
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