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HomeMy WebLinkAbout10-027Resorution 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 GENERAL 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 other terms and conditions of employment; and WHEREAS, the Memorandum of Understanding {hereinafter "the MOU") between Butte County and the Butte County Deputy Sheriffs Association General Unit (hereinafter "DSA General Unitas) expired September 30, 2008; and WHEREAS, County representatives and represen#atives of DSA General 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 General 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 General Unit's bargaining representatives confirmed in writing to County's bargaining representative that the County's Last, Best and Final Page 1 of 3 Offer was rejected, that DSA General Unit had no new counter offers, and that the parties 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 t_ast, Best, and Final Offer is set forth in Cafifomia Government Cade 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, have been exhausted, a public agency that is not required to proceed to interest arbitration may implement its las#, 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 shat! 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 by the public agency of its annual budget, or as otherwise required by lawn; and WHEREAS, the parties have 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 Chie# 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. 10-027 is approved, thereby unilaterally adopting the County's Last, Best and Final Offer as set forth in the attached Terms and Conditions of Employment far the term of December 1, 2049 - ,fune 30, 2010 for County Employees in the DSA General Unit, Exhibit A hereto_ Section 2. This resolution shall become effective immediately upon its passage and adoption. Page 2 of 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 20'kD, by the following vote: AYES: Supervisors Kirk, Lambert, Xamaguchi, and Chair Connel3.y NOES: Supervisor Dolan ABSENT: None NOT VOTING: None 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, 20'I0. Bill Connelly, Chairman the Board of Supervisors ATTEST: SCOTT TANDY nt m Chief Administrative and Clerk q~t~l"e B arc#.~f Supervisors BY: FORM: Bruce S. Alpert County Counse Attachment Page 3 of 3 Exhibit A to Resolution No. 201D- 027 TERMS AND CONDITIONS OF EMPLOYMENT FUR FISCAL YEAR 2pp9-2p1p FOR COUNTY OF BUTTE EMPLOYEES IN THE BUTTE COUNTY DEPUTY SHERIFF'S ASSOCIATION GENERAL UNIT The following terms and conditions of employment shall be in effect December 1, 2009 June 3D, 2D10 for County of Butte employees in the Butte County Deputy Sheriff's Association Genera[ Unit ("DSA General Unit"): 1. Term: December'!, 2D09 -June 30, 2010. 2. Retired Employee Options: Effective January 1, 2010, sick leave conversion at the time of retirement will be calculated at the..Employee A -Care 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 General Unit that expired Sep#ember 30, 20D8.