TITLE
Recommendation to adopt resolution approving 2023-2026 Memorandum of Understanding with the Long Beach City Attorneys Association. (Citywide)
DISCUSSION
In accordance with direction from the City Council, a 2023-2026 Memorandum of Understanding (MOU) agreement has been reached with the Long Beach City Attorneys Association (CAA). The CAA represents approximately 26 employees. City of Long Beach (City) management and CAA representatives held three negotiations sessions since June 2023 regarding a new MOU. The 2019-2022 CAA MOU expired on September 30, 2023. A tentative agreement has been reached and jointly signed by representatives of the City and CAA.
The tentative agreement for CAA includes a phased-in approach for structural wage increases that are in line with the needs of the bargaining unit in order to remain competitive with other public sector agencies in their respective fields. For example, a new salary schedule with grade levels (I - III) for the Deputy City Attorneys has been created for current and future attorneys in the City Attorney’s Department. The tentative agreement for CAA also contains key benefit enhancements which apply to all CAA classifications.
Provisions in the tentative agreement are listed below for CAA:
1. General Wage Increase for Non-Deputy City Attorney classifications:
a. 3.25 percent general wage increase to the base hourly rate effective the first day of the pay period including October 7, 2023 or the first full pay period following City Council adoption, whichever comes later.
b. 3.25 percent general wage increase to the base hourly rate effective the first day of the pay period including October 1, 2024.
c. 3.25 percent general wage increase to the base hourly rate effective the first day of the pay period including October 1, 2025.
2. General Wage Increase for Deputy City Attorney classifications:
a. 3.25 percent general wage increase to the base hourly rate effective the first day of the pay period including October 1, 2024.
b. 3.25 percent general wage increase to the base hourly rate effective the first day of the pay period including October 1, 2025.
3. New salary schedule for Deputy City Attorneys in Fiscal Year 2024 (FY 24)
a. Effective November 4, 2023, or the first full pay period following City Council adoption, whichever comes later, Deputy City Attorneys will be appointed to a grade level, at the agreed upon step in the seven-step salary schedule for their position.
b. Employees with satisfactory performance of employment, shall advance to successive steps in the salary schedule based on their appointment date as follows:
i. Step 1 to Step 4: 1 year paid equivalent hours (2,088 paid hours)
ii. Step 4 to Step 7: 2 years paid equivalent hours (4,176 paid hours)
iii. If an employee does not receive an evaluation within thirty (30) calendar days after the step increase is due, the employee shall advance to the next successive step retroactive to the date the step increase was scheduled. The indicated 7-step progression supersedes the pay for performance as indicated in the Salary Resolution and Personnel Policies and Procedures 3.6. (Performance-based Salary Step Increases).
iv. In the event of a fiscal crisis, the City Manager reserves the right to suspend step advancement for the bargaining unit for the duration of a fiscal year.
4. Employees whose salary increase is less than 2.16 percent, upon appointment to a grade level and step placement onto the seven-step salary schedule for Deputy City Attorney I - III, will receive a one-time bonus of $4,000.
a. The one-time bonus will be processed effective November 4, 2023 or the first full pay period following adoption by City Council, whichever comes later.
5. Deputy City Attorney I - III will receive a one-time bonus of $2,750 effective the first day of the pay period including October 14, 2024.
6. The following position, Legal Assistant - Subrogation, will receive a one-time bonus of $1,000. The bonus will be processed effective November 4, 2023, or the first full pay period following adoption by City Council, whichever comes later.
7. The City has changed the contribution regarding deferred compensation from $75 to $250 per month for each CAA member, effective October 21, 2023 or the second full pay period following City Council adoption, whichever comes later.
8. The City agrees to a salary/compensation study for the following classifications:
a. Deputy City Attorney, Legal Assistant - Subrogation and General Liability Claims Adjustor (Investigator). The study shall be delivered to CAA no later than April 15, 2026.
9. Human Resources shall initiate the process to change the title for General Liability Claims Adjusters to Claims Investigators and shall provide the Union with an update by January 19, 2024.
10. The City shall provide CAA 100 hours of representational time off on a fiscal year basis for union business.
11. Bereavement Leave revision: To align with state law, all employees are eligible for five (5) days of unpaid bereavement leave. Currently, permanent full-time and part-time employees are eligible for up to three (3) paid bereavement leave days per eligible family member, with a maximum of three (3) paid occurrences in a calendar year. Effective January 1, 2024, permanent full-time and permanent part-time employees shall be eligible for up to five (5) paid bereavement leave days per occurrence with a maximum of three (3) paid occurrences in a calendar year. In accordance with state law, seasonal and temporary Non-Career Employees are also entitled to take up to five (5) days of unpaid bereavement leave and may use available Sick Leave accruals to compensate for their bereavement leave. Seasonal and Temporary Non-Career employees with insufficient Sick Leave accruals can take unpaid Authorized Leave.
12. Paid Parental Leave revision: Full-time employees are eligible for up to 160 hours of Paid Parental Leave to be taken consecutively or intermittently following the birth of a child, adoption of a child, or placement of a foster child in their home. Previously, employees were only permitted to take this leave continuously over a 30-calendar day period (160 hours maximum).
13. Vacation Accrual Maximum revision: The City extended the deadline for the temporary 4-year Vacation Accrual Maximum to January 7, 2027. After the deadline, the vacation cap will revert back to the 3-year accrual maximum effective January 8, 2027.
14. Holiday and In-Lieu Holiday revised: Revised language to reflect increases in the in-lieu and holiday accruals due to the addition of the Juneteenth holiday.
15. Sick Leave revision: In addition to employees’ illness or injury, employees shall be entitled to use any accrued sick leave for absence from duty for personal doctor or dental appointments or to attend to their ill or injured family member.
This matter was reviewed by Assistant City Attorney Gary J. Anderson on October 1, 2023, and by Budget Manager Grace H. Yoon on October 5, 2023.
TIMING CONSIDERATIONS
City Council action is requested on October 24, 2023, to ensure timely implementation of the MOU provisions for CAA.
FISCAL IMPACT
This agreement has a total estimated structural annual net fiscal impact $277,667 in the General Fund Group and $552,019 across All Funds once completely implemented in FY 26. The one-time payments are anticipated to cost $51,750 in the General Fund Group and $82,750 across all funds. The total combined structural and one-time costs once fully implemented in FY 26 is $329,417 in the General Fund Group and $633,769 across all funds. The table below provides the breakdown of these costs by fiscal year, by General Fund and All Funds, and by structural and one-time:
CAA Net Contract Cost by Fiscal Year (in $ millions)
|
FUND |
FY 24 |
FY 25 |
FY 26 |
TOTAL |
|
General Fund Total |
$0.10 |
$0.13 |
$0.10 |
$0.33 |
|
Structural |
$0.08 |
$0.10 |
$0.10 |
$0.28 |
|
One-time |
$0.02 |
$0.04 |
$0.00 |
$0.05 |
|
|
|
|
|
|
|
All Funds Total |
$0.21 |
$0.24 |
$0.18 |
$0.63 |
|
Structural |
$0.19 |
$0.18 |
$0.18 |
$0.55 |
|
One-time |
$0.03 |
$0.06 |
$0.00 |
$0.08 |
The General Fund out-year forecast most recently disclosed in the FY 24 Budget projected a cumulative shortfall of $38.4 million from FY 24 through FY 27. These projections included a placeholder estimate of costs for potential negotiated agreements. The total CAA contract costs over three years is projected to add $7,865 of additional structural costs to the General Fund (with $5,945 savings in FY 24 and additional costs of $5,356 and $8,453 in FY 25 and FY 26, respectively, compared to the placeholder estimates). The ongoing structural impact of the contract will be factored into future projections and any necessary adjustments to balance the budget will take place as part of the proposed budget development process in future years. This recommendation has a moderate staffing impact to implement the payroll changes but is within the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
BODY
[Enter Body Here]
Respectfully Submitted,
Joe Ambrosini
Director
Human Resources
APPROVED:
THOMAS B. MODICA
CITY MANAGER