Title
Human Resources Department recommending the Board adopt and authorize the Chair to sign the negotiated Letter of Agreement to the Memorandum of Understanding between the County of El Dorado and the El Dorado County Law Enforcement Management Association representing employees in the Law Enforcement Sworn Management Bargaining Unit to clarify existing Holiday compensation.
FUNDING: General Fund.
Body
DISCUSSION / BACKGROUND
County of El Dorado (County) and the El Dorado County Law Enforcement Management Association (Association) representing employees in the Law Enforcement Sworn Management (SM) Bargaining Unit (collectively, the Parties), have an executed Memorandum of Understanding (MOU) for the period of January 1, 2022, through December 31, 2023. Though the term has expired, the MOU provisions, except where specifically stated, remain in effect status quo until replaced by a successor MOU or agreement.
Pursuant to this MOU, employees in the SM unit may elect holiday pay in lieu of having the official County holidays as designated days off (Holiday In Lieu Pay). This provision of the MOU has been in effect since Board adoption in 2006. The inclusion of compensation, including special pay provisions, in the calculation of employee and employer pension contributions is determined by California Public Employees' Retirement System (CalPERS) in accordance with Public Employees' Retirement Law (PERL). Recently, CalPERS made the determination to exclude holiday pay from the pension calculation of at least one member of the SM bargaining unit on the basis of payment conditions in the current MOU.
Though the Parties are currently engaged in good faith successor MOU negotiations, because existing employees are subject to the adverse determination recently made by CalPERS affecting imminent retirement, the Human Resources Department recommends the Board adopt and authorize the Chair to sign the negotiated Letter of Agreement (LOA) at this time, which clarifies the Parties’ existing practice and understanding relating to the precise conditions and calculation of payment for holidays and Holiday in Lieu pay.
The LOA shall become of full force and effect upon approval and adoption by the Board of Supervisors and shall remain in effect until modified by a successor MOU, recognizing this LOA is clarifying existing practice and understanding relating to the precise conditions and calculation of payment for Holiday in Lieu pay.
ALTERNATIVES
The County negotiated this MOU in good faith with the Association under authority and direction of the Board, thus there are no recommended alternatives.
PRIOR BOARD ACTION
08/16/2022 Legistar file 22-1204: Board adopted the current MOU.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
El Dorado County Law Enforcement Management Association, County Counsel
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no financial impact for this item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Human Resources will provide the Clerk with three original LOAs for the Chair to sign upon ratification by the Association; and
2) The Clerk will return two original LOAs to Misty Garcia in Human Resources once fully executed by the Chair, and retain one fully executed agreement for the Board.
STRATEGIC PLAN COMPONENT
Workforce Excellence
Priority: Enhance Employee Retention
Action Item: Attract and retain the best employees by providing competitive compensation, training, and advancement opportunities, and creating a positive and thriving culture.
CONTACT
Joseph Carruesco, Director of Human Resources