HomeMy WebLinkAboutReso 2019-073RESOLUTION NO. 2019-073
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RESCINDING RESOLUTIONS 2017-110 AND
2017-111, WHICH OTHERWISE WOULD HAVE ENDED
EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC)
FOR CHULA VISTA POLICE OFFICERS ASSOCIATION
(CVPOA) REPRESENTED TIER 1 EMPLOYEES ON MAY 10,
2019; CONTINUING THE STATUS QUO UNDER THE TERMS
OF ARTICLE 2.18 OF THE 2014-2017 MEMORANDUM OF
UNDERSTANDING (AS EXTENDED) BETWEEN THE CITY
AND CVPOA DURING LABOR NEGOTIATIONS
REGARDING EPMC; AND TERMINATING EPMC
EFFECTIVE JUNE 7, 2019, WITH A CORRESPONDING
CESSATION OF GOVERNMENT CODE SECTION 20615
PAYMENTS BY CVPOA REPRESENTED TIER 1
EMPLOYEES
WHEREAS, via an attendant MOU with the Chula Vista Police Officers Association
(specifically Article 2.18) (“CVPOA”) for the period of 2014-2017, the City and CVPOA agreed
that the City would pay 9% on the employee side (resulting in EPMC as authorized by
Government Code section 20691) for pension benefits and CVPOA represented employees
would correspondingly pay 9% on the employer side (as authorized pursuant to Government
Code section 20516) for pension benefits; and
WHEREAS, in an Amendment to the Contract Extension of the 2014-2017 MOU
between the City and CVPOA dated June 28, 2017, the City and CVPOA agreed that EMPC
would terminate the first pay period of May 2019 (May 10, 2019), but that CVPOA may elect to
keep EPMC if they notify the City of its desire to keep EPMC and enter into a Letter of
Understanding (LOU) with the City (providing that the full cost to be borne by the CVPOA
represented employees and the term that EPMC will continue for) by April 1, 2019; and
WHEREAS, CVPOA notified the City on March 27, 2019 of its desire to keep EMPC,
but did not timely enter into a LOU with the City as required by April 1, 2019; however, the City
and CVPOA are negotiating on the matter and desire to maintain the “Status Quo” during said
negotiations; and
WHEREAS, by this Resolution the City and CVPOA will maintain the terms of Article
2.18 as the Status Quo, specifying that the City will pay 9% on the employee side (resulting in
EPMC as authorized by Government Code section 20691) and CVPOA represented employees
will correspondingly pay 9% on the employer side (as authorized pursuant to Government Code
section 20516) until June 7, 2019, as set forth below; and
WHEREAS, the governing body of the City of Chula Vista has the authority to
implement Government Code Section 20691; and
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Resolution No. 2019-073
Page No. 2
WHEREAS, the governing body of the City of Chula Vista has a written labor policy or
agreement which specifically provides for the normal member contributions to be paid by the
employer; and
WHEREAS, one of the steps in the procedures to implement Section 20691 is the
adoption by the governing body of the City of Chula Vista of a Resolutio n to commence said
Employer Paid Member Contributions (EPMC) and this is said Resolution; and
WHEREAS, the governing body of the City of Chula Vista has identified the following
conditions for the purpose of its election to pay EPMC:
This benefit shall apply to all Tier 1 employees represented by Chula Vista Police
Officer’s Association.
This benefit shall consist of paying zero (0) percent of the normal member contributions
as EPMC.
The effective date of the setting of the benefit to zero (0) shall be June 7, 2019.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Chula
Vista (City Council) does hereby:
1. Rescind Resolutions 2017-110 (eliminating EPMC effective May 10, 2019) and
2017-111 (correspondingly eliminating employee payments pursuant to Government
Code section 20615); and
2. Reaffirms Article 2.18 of the 2014-2017 MOU between the City and CVPOA (as
extended) and attendant City Council Resolutions implementing Article 2.18 that
provide that the City will pay 9% on the employee side (resulting in EPMC as
authorized by Government Code section 20691) and CVPOA represented employees
will correspondingly pay 9% on the employer side (as authorized pursuant to
Government Code section 20516) to maintain the Status Quo during negotiations re
EMPC; and
3. Elects to pay EPMC, as set forth above (setting City payment to zero (0) percent),
effective June 7, 2019, with a corresponding cessation of CVPOA represented
employee payment pursuant to Government Code section 20516.
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Resolution No. 2019-073
Page No. 3
Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of May 2019 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2019-073 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 7th day of May 2019.
Executed this 7th day of May 2019.
Kerry K. Bigelow, MMC, City Clerk
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