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 clari...
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