Resolution - 2020-74RESOLUTION NO. 2020-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING THE SIDE
LETTER OF AGREEMENT BETWEEN THE CITY AND THE
WEST COVINA POLICE OFFICERS' ASSOCIATION
(WCPOA)
WHEREAS, on May 19, 2020, the City Council declared a fiscal emergency
through the adoption of Resolution No. 2020-46; and
WHEREAS, in declaring the fiscal emergency, the City Council directed the City
Manager to take any and all actions necessary to address the fiscal emergency, including,
but not limited to, measures relating to personnel and benefit costs, operations, and
reductions in service levels, and reviewing and negotiating changes to labor agreements,
service agreements, and franchise agreements, to the extent permitted by law; and
WHEREAS, the City of West Covina, hereinafter referred to as the "City," and the
West Covina Police Officers' Association, hereinafter referred to as the "Association,"
have met and conferred in accordance with the Meyers-Milias-Brown Act and
Government Code § 3500 to address the City's fiscal emergency, and the appropriate
personnel -related cost savings measures needed to address the fiscal emergency; and
WHEREAS, the City and the Association have memorialized the agreement in a
written side letter of agreement, which is attached hereto as Exhibit "A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The Side Letter of Agreement between the City and the Association,
attached hereto as Exhibit "A," is hereby approved.
SECTION 2. The City Manager is authorized to sign the Side Letter of Agreement.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
enter the same in the book of original resolutions and it shall become effective
immediately.
APPROVED AND ADOPTED this 21st day o
APPROVED AS TO FORM ATTEST
i AA4e Lisa Soorrick
City Attorney AssisYyht CityClerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina,
California, do hereby certify that the foregoing Resolution No. 2020-74 was duly adopted
by the City Council of the City of West Covina, California, at a regular meeting thereof
held on the 21 st day of July, 2020, by the following vote of the City Council:
AYES: Castellanos, Johnson, Shewmaker, Lopez-Viado, Wu
NOES: None
ABSENT: None
ABSTAIN: None
i.�
Lisa S rrick
AssistEVt City Clerk
EXHIBIT A
SIDE LETTER OF AGREEMENT
Attachment No. 1 - Exhibit "A"
SIDE LETTER OF AGREEMENT
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WEST COVINA AND
WEST COVINA POLICE OFFICERS' ASSOCIATION
THIS SIDE LETTER OF AGREEMENT ("Agreement") memorializes an agreement
entered into between the City of West Covina ("City") and the West Covina Police Officers'
Association ("WCPOA") (collectively "Parties") with respect to the following:
WHEREAS, the Parties entered into a Side Letter Agreement to the Memorandum
of Understanding (MOU) with a term of January 1, 2017 to June 30, 2021; and
WHEREAS, the Parties agree that the amendments set forth in this side letter
agreement shall be incorporated into the MOU; and
WHEREAS, all other terms and conditions of the MOU shall remain in full force
and effect.
NOW THEREFORE, the Parties have agreed to amend the MOU as follows
1. "Suspend" as used throughout this Agreement shall mean that the stated benefits
will not be provided during the term stated, i.e. through January 14, 2021. After
January 14, 2021, the suspended benefits will resume.
2. Section 12, PERS Employee's Contribution — Paid by Employee shall be modified
and replaced with the following:
The Employee shall pay the entire nine percent (9%) member contribution to the
Public Employees' Retirement System (PERS). The Employee who does not
qualify as a "New Member" shall pay, via payroll deduction, an additional three
percent (3%) of compensation earnable towards the employer contribution
pursuant to cost sharing In accordance with Government Code Section 20516(f).
Thus, the total employee contribution shall be twelve percent (12%). As soon as
practical, the City shall amend the CalPERS contract so that cost sharing will be
by contract amendment under Government Code section 20516(a) so that the
additional 3% cost sharing identified above will be switched from cost sharing
under Government Code section 20516(f) to Government Code section 20516(a).
When cost sharing by contract amendment becomes effective under Government
Code section 20516(a), cost sharing under Government Code section 20516(f)
shall immediately cease. In accordance with IRS Code section 414(h)(2), the cost
sharing will then be treated as a pre-tax deduction.
The Employee who qualifies as a "New Member" shall pay 50% of the applicable
normal cost as their member contribution (California Government Code Section
7522.30(c)). In the event that 50% of the applicable normal cost member
contribution falls below twelve percent (12%) of compensation earnable, the "New
Attachment No. 1 - Exhibit "A"
Member' Employee shall pay the difference between 12% of compensation
earnable and 50% of the applicable normal cost member contribution pursuant to
cost sharing in accordance with Government Code Section 20516(f). As soon as
practical, the City shall amend the CaIPERS contract so that cost sharing will be
by contract amendment under Government Code section 20516(a) so that the
additional cost sharing identified above will be switched from cost sharing under
Government Code section 20516(f) to Government Code section 20516(a). When
cost sharing by contract amendment becomes effective under Government Code
section 20516(a), cost sharing under Government Code section 20516(f) shall
Immediately cease. In accordance with IRS Code section 414(h)(2), the cost
sharing will then be treated as a pre-tax deduction.
The Parties agree that should the MOU expire without a successor agreement in
place, the cost sharing contribution as described above shall continue.
3. Section 14, Deferred Compensation — Suspend through January 14, 2021 the
City/employer contribution of up to $50 per month to Deferred Compensation.
Employees shall still be able to participate in the voluntary benefit contribution by
the employee only during the suspension period.
4. Section 23 (F), Sick Leave, Sick Leave Annual Payoff Program — There will be a
one-time suspension of the cashing out of up to sixty (60) hours of sick leave in
November of 2020. This benefit will be reinstated and employees shall be able to
cash out up to sixty (60) hours of sick leave in the next cash out period in November
of 2021.
5. Section 23 (E), Sick Leave, Sick Leave Pay -Off Upon Termination shall be
modified and replaced with the following:
The City shall contract with CalPERS for the Credit for the Unused Sick Leave
option under Government Code section 20965. Employees, upon retirement,
shall be required to first use all accumulated and unused sick leave for PERS
service credit. Any accumulated and unused sick leave remaining after the
purchase of service credit of one year (e.g. 2080 hours) shall be paid at one-
third (1/3) of their accumulated or unused sick leave up to a maximum of four
hundred (400) hours. Employees who die or voluntarily terminate prior to
retirement shall not be required to first convert accumulated and unused sick
leave for PERS service credit. Thus employees who die or voluntarily terminate
prior to retirement shall be paid at one-third (1/3) of their accumulated or
unused sick leave up to a maximum of four hundred (400) hours. However,
there is no eligibility of pay out for unused sick leave for employees dying or
terminating prior to three (3) years of full-time employment with the City.
Attachment No. 1 - Exhibit "A"
FOR THE WCPOA AND CITY OF WEST COVINA:
I agree on behalf of the WCPOA: I agree on behalf of the City:
owrran
WCPOA President
Date
rl
David Car any
City Manager
7
Date