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HomeMy WebLinkAboutContracts & Agreements_277-2006_CCv0001.pdf AMENDMENT NO. 3 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDS AND THE REDLANDS ASSOCIATION OF SAFETY MANAGEMENT EMPLOYEES This Amendment No. 3 to the Memorandum of Understanding dated,lune 21, 2005 by and between the City of Redlands ("City") and the Redlands Association of Safety Management Employees ("RASME") is made and entered into this 19th day of December, 2006. RECITALS WHEREAS, it is the desire of the City and RASME to amend. and add certain provisions to..their existing Memorandum of Understanding dated June 21,2005 relating to certain benefits afforded to the City employee serving in the position of the Chief of Police, and legal expenses incurred by Association members,the City and RASME agree as follows: AGREEMENT Section 1. Article 29 of the Memorandum of Understanding between the City and RASME, dated June 21, 2005, is hereby amended to read as follows: "ARTICLE 29 - CHIEF OF POLICE: TERMINATION AND SEVERANCE A. RASME expressly acknowledges and agrees that the position of Chief of Police is an "at-will" position and that, in accordance with the City's Municipal Code, the City Manager may exercise his or her authority to terminate the employee serving in the position of the Chief of Police without cause. B. Upon termination anytime prior to January 1, 2008, the employee serving in the position of the Chief of Police shall receive the following severance package: (i)twelve (12) months salary; (ii)all City-provided benefits that the employee would have legally accrued during the twelve (12) months following the date of termination including, but not limited to, vacation pay, holiday pay, executive leave pay, deferred compensation and sick leave accruals; and (iii) lifetime medical insurance, provided the employee serving in the position of Chief of Police has been employed with the City for 15 years or more at the time of termination. In addition, upon termination, the City shall fund the purchase of PERS "service credit" for the employee serving in the position of the Chief of Police in an amount equal to the number of full years remaining of the term of the Memorandum of Understanding between the City and RASME dated June 21, 2005. In connection with the funding of"service credit," the City shall also pay to the employee serving in the position of Chief of Police an amount equal to any increases in federal and state taxes that employee is DlM1.Agre0M0U 43 RE Safety Management Employees required to pay as a result of such "service credit" (collectively,the foregoing payments are hereinafter referred to as the "Severance Package"). Provided, however, in the event the employee serving in the position of the Chief of Police is terminated for cause, that employee shall not be entitled to the Severance Package. "Cause" shall mean the following: (i) Conviction of a felony crime, or a misdemeanor crime of moral turpitude; (ii) Malfeasance or non-performance of duties; or (iii) Deliberate insubordination. C. Notwithstanding the foregoing, effective January 1, 2008 the above described Severance Package shall be reduced to consist solely of the payment of six (6) months salary and lifetime medical insurance. Lifetime medical insurance shall be provided only if the employee serving in the position of the Chief of Police has the years of service as required in the Memorandum of Understanding between the City and RASME dated June 21, 2005, to earn the benefit. D. For purposes of resolving any dispute regarding whether "cause" exists and the Severance Package has been properly denied, the City shall have the burden of establishing the same by a preponderance of evidence. Section 2. Article 30 is hereby added of the Memorandum of Understanding between the City and RASME, dated June 21, 2005,to read as follows: "ARTICLE 30—ASSOCIATION MEMBERS' LEGAL EXPENSES A. In the event the CPOA legal defense insurance identified in Article 6 hereof fails to pay for the legal expenses incurred by an Association member in connection with any City initiated investigation into alleged misconduct by such member that my lead to disciplinary proceedings against the member,the City shall reimburse the member for the member's actual, documented expenses in an amount not to exceed seven thousand five hundred dollars ($7,500). Provided, however, notwithstanding the foregoing, the City shall have no obligation to reimburse the member pursuant to this Article 30 if the City determines,in its sole discretion and on the basis of any such investigation, that the member has committed misconduct." 2 Section 3. All of the provisions of the Memorandum of Understanding between the City and the RASME dated June 21, 2005 shall remain in full force and effect. IN WITNESS WHEREOF,the City and RASME have executed this Amendment to be effective this 19'x' day of December, 2006. CITY OF REDLANDS Date: .December 13, 2006 on Harrison. Mayor ATTEST: Date: December 19, 2006 Lo e Poyzer, C erk REDLANDS ASSOCIATION OF SAFETY MANAGEMENT EMPLOYEES & C' 0-, Date: !Z-ZQ-Qd Cletus Hyman. Preside t 3 NEW BUSINESS RASME MOU - Interim City Manager Racadio presented an amendment to the Memorandum of Understanding (MOU) between the City of Redlands and the Redlands Association of Safety Management Employees. This amendment extends the term of the MOU dated June 21, 2005, in Article 29 regarding the Chief of Police: termination and severance and adds Article 30 regarding association members' legal expenses. Councilmember Gilbreath moved to approved this amendment and authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City. Motion seconded by Councilmember Gil and carried with Councilmember Gallagher voting NO. PUBLIC COMMENTS None forthcoming. ADJOURNMENT There being no further business, the City Council meeting adjourned at 8:03 P.M. The next regular meeting will be held on January 2, 2007. City Clerk December 19,2006 Page 10