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Legislative Public Meetings

File #: 23-887    Version: 1 Name:
Type: Consent Calendar Status: Passed
File created: 7/7/2023 In control: City Council and Authorities Concurrent
On agenda: 8/29/2023 Final action: 8/29/2023
Title: Action on a Resolution Memorializing the Historical Calculation of Uniform Allowance and Holiday Pay for the Santa Clara Police Officers Association (Unit 2) from 2010 to 2021 Pursuant to CalPERS Request
Attachments: 1. Resolution Memorializing the Historical Calculation of Uniform Allowance and Holiday Pay for the Santa Clara Police Officers Association (Unit 2) from 2010 to 20, 2. Resolution No. 23-9254

REPORT TO COUNCIL

 

SUBJECT

Title

Action on a Resolution Memorializing the Historical Calculation of Uniform Allowance and Holiday Pay for the Santa Clara Police Officers Association (Unit 2) from 2010 to 2021 Pursuant to CalPERS Request

 

Report

BACKGROUND

Historically, the prior Memoranda of Understanding (hereafter, “MOU”) between the City of Santa Clara (hereafter, “City”) and the Santa Clara Police Officers Association (Unit 2) (hereafter, “Unit 2”) have described the uniform allowance and holiday pay for employees in classifications represented by Unit 2. Recently, the California Public Employees’ Retirement System (hereafter, “CalPERS”) requested historical clarification as to how the Unit 2 uniform allowance and holiday pay were calculated and paid, and that such clarification be memorialized in a resolution.

 

DISCUSSION

 

Uniform Allowance:

 

As noted above, CalPERS requested clarification as to how the uniform allowance was determined in prior MOUs between the City and Unit 2 from 2010 to 2021.

 

For the 2010-2012 Unit 2 MOU and 2012-2014 Unit 2 MOU, the uniform allowance language was as follows:

 

“The amount allocated for uniform allowance will be set by the Association on an annual basis. Payments for uniform allowance will be made bi-weekly after twelve (12) continuous months of City service.”

 

For the 2014-2016 Unit 2 MOU and 2016-2018 Unit 2 MOU, the uniform allowance language was as follows:

 

“The amount allocated for uniform allowance will be set by the Association on an annual basis. Payments for uniform allowance will be made bi-weekly after twelve (12) continuous months of City service. In addition, for the 12/14 -12/15 MOU year only, the City will contribute an additional $150 toward represented employees’ annual uniform allowance, which additional amount shall not apply to the 12/15-12/16 MOU year, and which amount the parties agree is intended to ensure that all employees shall have obtained the new Department PDU uniform by the end of 2015.”

 

For the 2018-2021 Unit 2 MOU, the uniform allowance language was as follows:

 

“The City shall contribute $23.08 bi-weekly per represented employee as a uniform allowance beginning after twelve (12) continuous months of City service.”

 

It should be noted that the current 2021-2025 Unit 2 MOU uniform language clarified that the annual uniform allowance was $600 to be paid on the first 2 bi-weekly pay periods of each month:

 

“The City will provide a uniform allowance of $600 per year. Effective the first pay period of calendar year 2022, the uniform allowance will be paid on the first two (2) pay periods of every month.”

 

The uniform allowance since 2010 has been $600 annually (at approximately $23.08 per bi-weekly pay period), with the exception of the “12/14-12/15 MOU year only” where an additional $150 was provided in the annual uniform allowance as described above. Accordingly, the uniform allowance for the “12/14-12/15 MOU year only” was $750 for that year (at approximately $31.41 per bi-weekly pay period.) The current MOU clarified that the annual uniform allowance continues to be $600 and is spread out over 24 bi-weekly pay periods (instead of 26 bi-weekly pay periods) at approximately $25 per bi-weekly pay period.

 

Holidays:

 

As noted above, CalPERS requested clarification as to how the holiday pay was determined in prior MOUs between the City and Unit 2 from 2010 to 2021.

 

The holiday pay language in the 2010-2012 Unit 2 MOU, 2012-2014 Unit 2 MOU, 2014-2016 Unit 2 MOU, 2016-2018 Unit 2 MOU, and 2018-2021 Unit 2 MOU is as follows:

 

“The number of hours per year for holiday pay is 104 hours (equivalent to 13 days based on eight (8) hours per day) for all represented employees.”

 

The City’s thirteen (13) observed holidays are as follows:

 

1.                     New Year’s Day

2.                     Martin Luther King, Jr. Day

3.                     President’s Day

4.                     Spring Holiday

5.                     Memorial Day

6.                     Independence Day

7.                     Labor Day

8.                     Admission Day

9.                     Columbus Day

10.                     Veteran’s Day

11.                     Thanksgiving Day

12.                     Friday after Thanksgiving Day

13.                     Christmas Day

 

Holiday pay during this time period was 5% of base pay and calculated as follows: (8 hours x 13 days) ÷ 2080 hours = 5%.

 

It should be noted that holiday pay was increased to 7.5% of base pay (from 5%) for the 2021-2025 Unit 2 MOU.

 

The Police Officers’ Association (Unit 2) has been informed of the CalPERS request and the required resolution included in this report.

 

 

ENVIRONMENTAL REVIEW

The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a government organizational or administrative activity that will not result in direct or indirect changes in the environment.

 

FISCAL IMPACT

There is no fiscal impact.

 

COORDINATION

This report has been coordinated with the City Attorney’s Office.

 

PUBLIC CONTACT

Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.

 

RECOMMENDATION

Recommendation

Adopt a Resolution Memorializing the Historical Calculation of Uniform Allowance and Holiday Pay for the Santa Clara Police Officers Association (Unit 2) from 2010 to 2021

 

Staff

Reviewed by: Aracely Azevedo, Director of Human Resources

Approved by: Jōvan D. Grogan, City Manager

 

ATTACHMENTS

1.                     Resolution Memorializing the Historical Calculation of Uniform Allowance and Holiday Pay for the Santa Clara Police Officers Association (Unit 2) from 2010 to 2021.