Resolution Number 04-04-20-02RESOLUTION NO. 04-04-20-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE MEMORANDUM OF
UNDERSTANDING WITH THE SAN JUAN CAPISTRANO MANAGEMENT
AND PROFESSIONAL EMPLOYEES ASSOCIATION DATED JULY 1, 2003
TO JUNE 30, 2004).
WHEREAS, a Memorandum of Understanding has been entered into
between the San Juan Capistrano Management and Professional Employees Association
AND THE City of San Juan Capistrano, for the period July 1, 2003 to June 30, 2004; and,
WHEREAS, the City now desires to amend said Memorandum of
Understanding in order to implement the provisions of an agency shop, in accordance with
Senate Bill No. 739 and subsequent Assembly Bill No. 1411; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby amend the Memorandum of Understanding between the
City of San Juan Capistrano and the San Juan Capistrano Management and Professional
Employees Association by the attached Side Letter of Agreement (Exhibit A), instituting the
provisions of an agency shop in accordance with Senate Bill No. 739 and subsequent
Assembly Bill No. 1411.
PASSED, APPROVED, AND ADOPTED this 20th day of April 2004.
04-20-2004
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 04-04-20-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 20th day of
April 2004, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Hart and Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
RET R. MONAHAN, City Clerk
SIDE LETTER OF AGREEMENT
BETWEEN
THE SAN JUAN CAPISTRANO MANAGEMENT
AND PROFESSIONAL EMPLOYEES ASSOCIATION
(The Association)
AND
THE CITY OF SAN JUAN CAPISTRANO
(The City)
DEALING WITH "AGENCY SHOP"
1. Legislative Authority
The parties mutually understand and agree that as a result of State of California
adoption of Senate Bill No. 739 and subsequent Assembly Bill No. 1411, all
employees, including supervisors, represented by the San Juan Capistrano
Management and Professional Employees Association (The Association) have the
right to join or not join the Association. However, the enactment of a local "Agency
Shop" requires that as a condition of continuing employment, employees in the
respective bargaining unit must either join the Association or pay to the Association
a service fee in lieu thereof. Such service fee shall be established by the
Association, and shall not exceed the standard initiation fee, periodic dues and
general assessments of the Association.
2. Association Dues/Service Fees
a. Effective May 1, 2004, the Personnel Office shall provide all current
bargaining unit employees and all employees hired thereafter and whose
positions are designated to the bargaining unit, with an authorization
notice advising them that Agency Shop for the Association has been
enacted pursuant to state law and an agreement exists with the
Association, and that all employees subject to the Agreement must either
join the Association, pay a service fee to the Association, or execute a
written declaration claiming a religious exemption from this requirement.
Such notice shall include a form for the employee's signature authorizing a
payroll deduction of Association dues, a service fee or a charitable
contribution equal to the service fee. Said employees shall have 14
calendar days from the date they receive the form to fully execute it and
return it to the City's Personnel Office.
b. The effective date of Association dues, service fee, or charitable
contribution shall begin no later than the beginning of the first pay period
commencing 14 calendar days after receipt of the authorization form by
the employee. If the form is not completed properly or returned within 14
calendar days, the city shall commence and continue a payroll deduction
of service fees from the regular biweekly paychecks of such employee.
EXH I BIT A
c. The employee's earnings must be sufficient after the other legal and
req ui red deductions are made to cover the amount of the dues or fees
authorized. When an employee is in a non -pay status for an entire pay
period, no withholding will be made. In the case of an employee its a non -
pay status during part of the pay period, whose salary is not sufficient to
cover the full withholding, no deduction shall be made. In the case of an
employee who is receiving catastrophic leave benefits during a pay period,
no deduction shall be made. In this connection, all other legal and
required deductions have priority over Association dues and service fees.
3. Religious Exemption
a. Any employee who is a member of a bona fide religion, body or sect that
has historically held conscientious objections to joining or financially
supporting public employee organizations shall upon evidence of active
membership in such religion, body, or sect, not be required to join or
financially support any public employee organization as a condition of
employment. The employee shall be required, in lieu of periodic dues,
initiation fees or agency shop fees, to pay sums equal to the dues,
initiation fees or agency shop fees to the United Way, through payroll
deductions.
b. Declarations of or applications for religious exemption and any other
supporting documentation shall be forwarded to the Association within 14
calendar days of receipt by the City. The Association shall have 14
calendar days after receipt of a request for religious exemption to
challenge any exemption granted by the City. If successfully challenged
the deduction to the United Way shall commence and be made by regular
payroll deductions.
4. Rescission
The agency shop provision in this memorandum of understanding may be rescinded by
a majority vote of all the employees in the unit covered by the memorandum of
understanding provided that:
a) A request for such a vote is supported by a petition containing the signatures of
at least 30 percent of the employees in the unit;
b) The vote is by secret ballot;
c) The vote may be taken at any time during the term of the memorandum of
understanding, but in no event shall there be more than one rescission vote
taken during that term. Notwithstanding the above, the City and the Association
may negotiate, and by mutual agreement provide for, an alternative procedure or
procedures regarding a vote on an agency shop agreement {Section 3502.5(d)}.
EXHIBIT A
d) If a "rescission vote" is approved by unit members during the term of a current
memorandum of understanding, the Association agrees not to petition for or seek
Agency Shop status for the duration of the current memorandum of
understanding.
5. Records
The Association shall keep an adequate itemized record of its financial transactions and
shall make available annually, to the City, and to the employees who are members of
the organization, within 60 days after the end of its fiscal year, a detailed written
financial report thereof in the form of a balance sheet and an operating statement,
certified as to accuracy by its president and treasurer or corresponding principal officer,
or by a certified public accountant.
6. Indemnification
The Association shall indemnify, defend, and hold the City harmless against any liability
arising from any claims, demands, or other action relating to the City's compliance with
the agency fee obligation including claims relating to the Association's use of monies
collected under these provisions {Section 3502.5(b)}. The City reserves the right to
select and direct legal counsel in the case of any challenge to the City's compliance with
the agency fee obligation, and the Association agrees to pay any attorney, arbitrator or
court fees related thereto.
7. Election
The City and the Association have jointly conducted a secret ballot election on March
29, 2004, to which all eligible bargaining unit members were invited, through email,
whether or not s/he is a current Association dues paying member. All eligible unit
members were allowed to participate in voting, irrespective of current membership in the
Association. Electronic Ballots were counted, and results were printed and verified by
Association Board members. A majority of the votes cast (16 to 3) was in favor of the
institution of the Agency Shop.
EXHIBIT A
8. City Council Approval
With the foregoing agency shop provisions approved by the eligible bargaining unit
employees on March 29, 2004, authorization to approve this side letter agreement shall
be submitted to the City Council at its regular meeting of April 20, 2004.
The Parties hereto have caused this Side Letter of Agreement to be executed on the 6th
day of April, 2004.
City of San Juan Capistrano
Dated: (� d By:
David Adams, City Manager
San Juan Capistrano Management and Professional Employees Association
Dated: By:
Chief Bargaining Representative
EXHIBIT A