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HomeMy WebLinkAbout10-024Resolution A RESOLUTION RESOLVING IMPASSE IN THE MEET AND CONFER PROCESS AND APPROVING ADOPTION OF TERMS AND CONDITIONS OF EMPLOYMENT FOR DECEMBER 1, 2009 -JUNE 30, 2010 FOR THE COUNTY EMPLOYEES IN THE BUTTE COUNTY DEPUTY SHERIFF'S ASSOCIATION MANAGEMENT AND SUPERVISORY UNIT WHEREAS, California Government Code Sections 3500 through 3511 (hereinafter the "Meyers-Milias-Brown Act" or "the Act") provide in pertinent part that representatives of the governing body of the County shall meet and confer in good faith with representatives of a recognized employee organization in order to endeavor to reach agreement regarding proposed changes in wages, hours and o#her terms and conditions of employment; and WHEREAS, the Memorandum of Understanding (hereinafter "the MOU"} between Butte County and the Butte County Deputy Sheriff's Association Management and Supervisory Unit {hereinafter "DSA Management Unit") expired September 30, 2008; and WHEREAS, County representatives and representatives of DSA Management Unit have been meeting and conferring since June 27, 2008 on proposed changes to the MOU in accordance with the Meyers-Milias-Brown Act; and WHEREAS, the County's bargaining representatives submitted the County's Last, Best and Final Offer to DSA Management Unit on December 29, 2009 and again on January 11, 2010 (due to a change in the Association representative); and WHEREAS, on January 12, 2010, DSA Management Unit's bargaining representatives confirmed in writing to County's bargaining representative that the County's Las#, Best and Final Offer was rejected, that DSA Management Unit had no new counter offers, and that the parties Page 1 of 3 were at impasse, and agreed that the matter should be brought before the Board of Supervisors; and WHEREAS, authority for a public agency to unilaterally implement its last, Best, and Final Offer is set forth in California Government Code Section 3505.4, which states: "If after meeting and conferring in good faith, an impasse has been reached between the public agency and the recognized employee organization, and impasse procedures, where applicable, Dave been exhausted, a public agency that is not required to proceed to interest arbitration may implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agency's last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption ~y the public agency of its annual budget, or as otherwise required by law.; and WHEREAS, the parties Dave concluded any and all impasse resolution procedures as required by all applicable statutes, rules, regulations and agreements; and WHEREAS, the County's bargaining representatives and the County's Chief Administrative Officer hereby recommend unilateral approval and adoption of the County's Last, Best and Final Offer. NOW, THEREFORE, THE BUTTE COUNTY BOARD OF SUPERVISORS DOES RESOLVE AS FOLLOWS: Section 1. Resolution No. io~-024 is approved, thereby unilaterally adopting the County's Last, Best and Final Offer as set forth in the attached Terms and Conditions of Employment for the term of December 1, 2009 -June 30, 2010 for County Employees in the DSA Management Unit, Exhibit A here#o. Section 2. This resolution shall become effective immediately upon its passage and adoption. Page 2 0# 3 PASSED AND ADOPTED by the Board of Supervisors, of the County of Butte, State of California, at a regular meeting of said Board, held on the 9th day of February 2010, by the following vote: AYES: Supervisors Kirk, Lambert, Yamaguchi, and Chair Connel.J.y NOES: Supervisor Dolan ABSENT: None NOT VOTING: ].None f HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted at a regular meeting of the County of Butte Board of Supervisors on February 9, 2010. Bill Connelly, Chairman of a Board of Supervisors ATTEST: SCOTT TANDY, erim Chief Administrative Officer and Clerk~af theaard of Sueervisorsl BY: 11 f~~//l/ ~l/ll~~ FORM: Bruce S. County Attachment Page 8 of 3 Exhibit A to Resolution No. 2010- p2~ TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-2010 FOR COUNTY OF BUTTE EMPLOYEES IN THE BUTTE COUNTY DEPUTY SHERIFF'S ASSOCIATION LAW ENFORCEMENT MANAGEMENT UNIT The following terms and conditions of employment shall be in effect December 1, 2009 -June 30, 2010 for County of Butte employees in the Butte County Deputy Sheriff's Association Management and Supervisory Unit ("DSA Management Unit"): 1. Term: December 1, 2009 -June 30, 2010. 2. Refired Employee Options: Effective January 1, 2010, sick leave conversion at the time of retirement will be calculated at the Employee A -Core Plan amount, which is the Blue Shield HMO, Delta DPO and Vision Service Plan premiums. Employees hired after February 10, 2010 are not eligible for the conversion of sick leave to health insurance or one year's paid health coverage as outlined in Section 16.05. 3. Maintenance of Benefts: The County agrees to maintain all other terms and conditions of employment set forth in the Memorandum of Agreement between the County of Butte and the DSA Management Unit that expired September 30, 200$.