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HomeMy WebLinkAboutMINUTES - 11141989 - 1.3 (3) 1-030 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 14, 1989 by the following vote: AYES: Supervisors Powers , Fanden, Schroder . McPeak , Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 89/734 SUBJECT: - IN THE MATTER OF APPROVING. THE SIDE LETTER AUTHORIZING A SAFETY RETIREMENT STUDY The Contra Costa County Board of Supervisors in all its capacities as the governing body of this County and of the districts and agencies of which it is the governing body, RESOLVES THAT: 1 . Negotiations having been concluded with Contra Costa County Employees Association , Local No. 1 for a new Memorandum of Understanding, and 2. Said negotiations having resulted in the execution of a "Side Letter" attached hereto as Exhibit A, 3. It is hereby resolved that the terms and conditions of said .Side Letter are approved. hereby certify that this is a true and correct copy of in action taken and entered on the minutes of the 308rd of Supervisors on the date shown. - ATTESTED: .NOV 14 1989 F441L BATCHELOR,Clerk of the Board Of Supervisors and County Administrator Deputy Orig. Dept_.:- Personnel cc: Retirement Auditor-Controller Probation Local No. 1 PE, SOLU-101,11T NO. 89/734 n , M - Contra Persor Tel Department Costa Third Floor, Administration Bldg. 651 Pine Street County Martinez, California 94553-1292 (415)646-4064 Harry D. Cisterman Director of Personnel October 31 , 1989 Henry Clarke, General Manager Contra Costa County Employees Assn. , Local No. i PO Box 222 Martinez CA 94553 Dear Mr. Clarke: This Side Letter confirms that the parties agree as follows: Effective October 1 , 1990, pursuant to Government Code section 31469.4, employees in the Probation Services Bargaining Unit (hereinafter "Unit") shall be eligible to become safety members in the Contra Costa County Employees' Retirement Association (hereinafter "Association") , provided nevertheless that if the actuarial study determines that the elimination of Social Security contributions as provided for in section 4, infra. will cover all incremental costs to the County of safety membership in the Association, the date upon which an election to become safety member shall be effective July 1 , 1990. This agreement is subject to the following terms and conditions, and shall be subject to the grievance procedure but not beyond Step 4 of the grievance procedure (Adjustment Board) . 1 . An actuarial study shall be conducted by C & B Consulting Group at the request of the County and the Union to determine the additional "costs to the County of allowing employees in the Probation Services .Unit to elect to become safety members instead of general members of the Association. The County and Union will each pay 50% of the cost of such study. 2. The employees in the Unit who become safety members shall be responsible for paying all of the, additional costs of safety membership greater than the costs for general membership, including but not limited to, the following: A. All additional employee normal and cost of ' living contributions, including any increase in the employees' normal contributions paid by the County; B. All additional employer normal and cost of living contributions; C. All increases in the employer contribution rate because of the members of the Unit exercising their right to purchase safety membership for prior service in a class within the Unit; and D. Any increased payroll costs as a result of the implementation of this agreement. Ipm61 INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER 3. A. Current employees in the Probation Services Unit will be allowed to make a one time election whether to become safety members not later than May 1 , 1990. As a condition of such election, each employee who elects safety membership in the Association shall be required to execute a covenant not to sue the County over the requirement that the employee contribute part of his or her salary or be subject to a reduced salary in order to eliminate all incremental cost to the County of the employee's safety membership. Each employee hired into the class after the effective date of this Side Letter. shall also be required to execute such a convenant not to sue the County, as a condition of employment. B. Employeev who do not elect safety membership shall receive the 5% salary increase provided for in the 1989-1991 memorandum of understanding bet- ween the Union and the County effective October 1 , 1990. C. Once the employees in the Unit have made their .election, a further actuarial study shall be made to determine all additional costs to the County of making those who elected safety membership safety members. The cost of the further actuarial study shall be paid 50% each by the County and the Union. D. The salary of those electing safety membership shall be reduced by an .. amount sufficient to cover each such employee's pro rata share of all costs to the County of their safety membership. In the event that reduction in the 5% salary increase for Probation Unit safety members is not sufficient to cover the County's costs of safety membership, the salaries of those employees electing safety membership and newly hired employees shall be further reduced in an amount sufficient to cover each such employee's pro rata share of those costs. E. Members of the Unit who have elected safety membership shall be eligible to convert their past service in a class in the Unit to safety mem- bership service. Such elections shall be filed with the Retirement Association, and must be made and the costs paid, before the member's effective date of. retirement. The cost shall be computed as the dif- ference between what would have been contributed (both employee and employer) as a Safety Member minus what was contributed (both employee and employer) as a General Member and increased with interest at the rates actually credited. 4. This agreement for safety retirement benefits is contingent upon those employees who elect 'safety membership no longer being covered, under the Social Security group. 5. The Union and County will jointly seek introduction and passage of legisla- tion clarifying that the County may, as a condition to granting safety mem- bership to employees in classes eligible for safety membership, require them to pay the County's incremental costs of such safety membership. A copy of a draft of such proposed legislation is attached hereto, marked Exhibit A, and incorporated herein as if set forth in full . The Union and County agree not to propose or support any amendments to such legislation without prior agreement of the other party to this Side Letter. Passage of such legisla- tion by July 1 , 1990 shall not be a condition to this agreement for safety membership for employees in the Probation Services Unit. 6. If this agreement is declared invalid, safety membership of employees in the Unit shall terminate, and any unexpended additional contributions, with ear- nings thereon, paid by the employees shall be refunded to the employees. The Union shall bear the full cost to the County and the Association of calculating and making such refunds. 7. The Union shall indemnify, defend, and save harmless, the County of Contra Costa and the Contra Costa County Employees' Retirement Association against any and all claims, demands, suits , orders or judgments, or other forms of loss or liability that arise out of or by reason of this agreement or action taken or . not taken by the County or Association under this agreement, including, but not limited to, any costs and benefits of general membership resulting from this agreement and not paid by the employees who become safety members as a result of this agreement, including, but not limited to, all attorneys' fees and costs incurred either by the County or the Association. 8. This agreement shall be binding on the Union, its successors, if any, and all current and future employees in the classes in the Probation Services Bargaining Unit. If the foregoing conforms to your understanding, please indicate your approval and acceptance in the space provided below. Dated : CONTRA COSTA COUNTY CONTRA COSTA COUNTY EMPLOYEES' ASSN. LOCAL NO. 1 Harry isterman, Henry Parke, General Manager Dire r of Personnel HDC:WPH:yba ER1 :005 Attachment _i Proposed Legislation § 31639.9 In any County of the ninth class as established .in Sections 28020, and 28030 as amended by Chapter 1204 of the Statutes of 1971, the board of supervisors may meet and confer pursuant to the Meyers-Milias-Brawn Act with a recognized employee organization which represents County employees who are eligible for safety membership, but who are not safety members because the board of supervisors has not made Section 31469.4 applicable to them, and endeavor to reach agreement on any conditions to be required of employees or employee organization seeking to have. Section 31469.4 made applicable to such employees, including, but not limited to, whether the employees shall be .required to pay all or part of the employer's normal and cost of living contributions, -in excess of those it would have paid if the employees had remained general members, including any increased_ empl4er �norma3 and 'cost of living contribution rates attributable to employees who have become safety members electing to purchase credit as a safety member,- pursuant to Section 31639.7, for time served in an eligible position prior to becoming a safety member. Any such contributions paid by the employees on behalf of the employer to cover the increased cost of safety retirement shall be as determined upon actuarial advice and approved by the board of retirement. Nothing herein shall be construed to impose on the board of retirement a duty to meet and confer pursuant to the Meyers-Milias-Brown Act. .__._�._ [ADD" ,TUSTIFICATION FOR SPECIAL LEGISLATION IF NECESSARY]