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HomeMy WebLinkAbout4855 RESOLUTION NO. 4 8 5 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND AUTHORIZING EXECUTION OF THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF AUBURN AND TEAMSTERS LOCAL UNION NO 117 WHEREAS, with the law enforcement and judicial responsibilities of the City of Auburn, either as directed by state law or through City Ordinance, the City of Auburn has utilized a municipal court created pursuant to Chapter 3.50 of the Revised Code of Washington (RCW), and provided in Chapter 2.14 of the Auburn City Code (ACC); and WHEREAS, in connection with the ongoing and changing judicial responsibilities with which the City is involved and in order to address efficiencies that can be gained through alternative approaches, the City Council explored different approaches to addressing those judicial responsibilities relating to City law enforcement; and WHEREAS, after a thorough review of the alternatives and options available to the City and in light of the proposal that the City of Auburn received from the King County District Court system, a proposal that would allow additional judicial services to be provided to the citizens of the City of Auburn, including but not limited to small claims and civil court services, and the efficiencies that can be provided through working with the King County District Court system, efficiencies that result in cost-savings to the City and to the citizens of the City of Auburn, the City Council found that it would be --------------------------- Resolution No. 4855 September 4, 2012 Page 1 of 3 advantageous for the City to repeal its municipal court and contract with the King County District Court for judicial services; and WHEREAS, in connection with that choice, on July 16, 2012, the City Council adopted its Ordinance No. 6417, repealing Chapter 2.14 ACC, and passed Resolution Numbers 4833 and 4834, authorizing contracts with King County District Court for court services; and WHEREAS, because the staff employees of the Auburn Municipal Court were members of a union represented by Teamsters Local Union No. 117, it was incumbent on the City to negotiate impacts of Ordinance No. 6417 and Resolution Number 4833; and WHEREAS, in connection with the negotiation of such impacts, agreement between the City and the Teamsters Local Union No. 117 has been reached, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Authorization of Agreement. The Mayor and the Auburn City Clerk are hereby authorized to execute a Memorandum of Agreement between the City of Auburn and Teamsters Local Union No. 117 in substantial conformity with the Memorandum of Agreement attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. Implementation. The Mayor is hereby authorized to take such other action and implement such other administrative procedures as may be necessary to carry out the directions of this legislation, including execution of subsidiary agreements for court employees (Separation and Release Agreements) related to the Teamsters Local Union No. 117 Memorandum of Resolution No 4855 September 4, 2012 Page 2 of 3 Agreement, which subsidiary agreements shall be in substantial conformity with the documents attached hereto as Exhibit "B" and as Exhibit "C," incorporated herein by this reference. Section 3. Effective date. This Resolution shall take effect and be in force upon passage and signatures hereon. PASSED this L\ day of 2012 UBUR PETER B. LEWIS, MAYOR ATTEST Danielle E. Daskam, City APPRO D AS TO FORM: D el B Hei , ity Attorney Resolution No. 4855 September 4, 2012 Page 3 of 3 MEMORANDUM OF AGREEMENT By and Between City of Auburn And TEAMSTERS LOCAL UNION NO. 117 Court Clerk and Probation Employees This Memorandum of Agreement (MOA), made effective as of the date of signing, is entered into by and between Teamsters Local Union 117 (Union) and the City of Auburn (City), referred to herein collectively as the Parties. The City has decided to cease providing Court services no later than October 31, 2012, ("Separation Date"). The Union disputes the City's ability to make this decision unilaterally The parties have agreed to resolve all issues resulting from the City's decision and have negotiated the impacts on the court and probation employees as set forth in this MOA. 1. Union employees who (1) have not accepted a position with the City of Auburn on or before the Separation Date, or (2) have voluntarily resigned from employment with the City to accept a position with King County or another employer on or before the Separation Date, or (3) who are laid off from the City on or before the Separation Date because of the elimination of Court services, will receive severance in an amount equal to one (1) pay period paid at the then current pay rate per employee for each year of service with a minimum of two (2) pay periods and a maximum of ten (10) pay periods, and each employee will receive an additional four (4) pay periods paid at the next regularly scheduled pay day falling after their last day of employment, provided, however, that the employee has signed and returned to the City the standard release agreement provided in paragraph 5 below. 2. The City will pay an amount equal to three (3) months COBRA premiums at the next regularly scheduled pay day following the Separation Date to the Voluntary Employee Benefit Association (VEBA), provided, however, that the employee has signed and returned to the City the standard release agreement provided in paragraph 5 below. 3. Letters of reference will be provided upon written request by the employee to the Human Resource/Risk Management Director, within one week from the date of the written request. 4. Upon date of separation from employment, the City will pay to the employee all accrued, unused vacation, comp time, furlough, and floating holidays at the next regularly scheduled pay day falling after their last day of employment. 5. The City agrees to not contest or challenge the application of unemployment benefits for any employee laid-off as a result of the City ceasing Court operations. This provision will apply to employees who elect not to accept employment with the City of Auburn, King County or any other employer 6. If the individual employee elects to accept the severance package outlined herein, union employees will sign a standard release in full settlement of this matter 7 Monies paid as a result of this MOA will be subject to the applicable federal income taxes and any other applicable withholdings. g. The Union and City agree that this MOA is a final settlement and resolves all issues between the parties relating to the City's decision to cease providing Court services. The Union hereby withdraws the pending greivance regarding the Court Clerks. The parties agree that this MOU is based upon the unique facts presented and shall not serve as a precedent. 9. Employees shall be subject to recall with mutual consent until October 31, 2014, based on the order of their seniority should the City of Auburn begin operating municipal court services. City of Auburn Teamsters Local Union NO. 117,IBT Tracey A. ompson Secretary-Treasurer Date Date SEPARATION AND RELEASE AGREEMENT This separation and release agreement("Agreement")is entered into by and between the City of Auburn(or the "City") and ("Employee")individually and his/her martial interest, if any, (hereafter referred to as "The Employee"). I. RECITALS The City has elected to cease providing municipal court services resulting in the elimination of Employee's position. The parties desire to agree on a separation and release agreement given these unique circumstances and to aid Employee's transition to alternative employment. II. AGREEMENT In consideration of the foregoing recitals,the parties agree as follows: 1 Separation from Employment. Employee's last date of employment with the City shall be (the"Separation Date"). Upon signing this Agreement the Employee will be paid according to the terms and conditions of the Memorandum of Agreement between the City of Auburn and Teamsters Local 117 attached hereto and incorporated herein by this reference. 2. Release. Employee accepts the benefits contained in this Agreement in full satisfaction of all his/her rights and interests relating to his/her employment with and separation from the City and, in consideration therefore, Employee hereby releases the City, its agents, representatives and employees (collectively, the"Released Parties") from all claims(other than claims for the breach of this Agreement), causes of action or liabilities, suspected or unsuspected and irrespective of any present lack of knowledge of any possible claim or of any fact or circumstance pertaining thereto,which Employee may have or claim to have against any of the Released Parties arising from or during employment with the City or as a result of separation from employment. This release specifically covers, but is not limited to, any claims of discrimination based on race, color, national origin, sex, sexual orientation,marital status, age (including claims under the Age Discrimination in Employment Act) or physical or mental disability under any federal, state, or local law, rule;or regulation; any contract or tort claims arising under federal, state, or local law; any claims for unpaid wages or benefits; any claims arising under federal, state or local law based on promises made or allegedly made by the City to Employee; and any claims under any express or implied contract or legal restrictions on the City's right to terminate its employees. Employee hereby covenants not to assert any such claims or causes of action (the only exception being a suit filed solely to challenge the validity of this release under the ADEA). This release is intended to be all encompassing, and to fully resolve all matters and relations between the parties up to the date Employee signs this Agreement. 3. No Admission. Nothing in this Agreement shall be construed as any indication that the City or any of the Released Parties has acted wrongfully towards EmDlovee or any other LAEmployee&Labor RelationslSeparation Agreements120120828 Over 40 Teamsters separation Agreement.dac EXHIBIT "B" Agreement Page 2 of 3 person. 4 Review and Revocation. Employee acknowledges that: a. Pursuant to applicable law,he/she has been offered the opportunity to review a copy of this Agreement for a period of twenty-one(2 1) days (the "Review Period"), and the parties have agreed that changes to this Agreement during the Review Period, whether material or immaterial, shall not restart the running of the 21-day Review Period; b. The City advised Employee at the beginning of the Review Period to consult with an attorney concerning the terms and conditions of this Agreement, including without limitation the release set forth in this Agreement; and C. The terms and conditions of this Agreement have not been amended, modified, or revoked during the Review Period. The City and Employee agree that Employee shall have seven (7) calendar days (the "Revocation Period") following the date on which Employee signs this Agreement to revoke his/her acceptance of the Agreement and the release set forth in this Agreement, and this Agreement shall not become effective until the Revocation Period has expired. 5. Emolovee Confidentiality. Employee acknowledges and agrees that the Employee has a continuing duty of confidentiality with regard to any confidential or proprietary information or records, whether written or oral, which he/she has learned of or had access to or which was otherwise disclosed to him/her in the course of his/her employment with the City The Employee-agrees that he/she will not disclose any such confidential or proprietary information to any third parties without the express prior written consent of the City 6. City Property Employee represents and certifies that all property of the City, including but not limited to all business records, paper and files, telephone, computer, computer drives and discs,have been left at the City's offices or returned to the City, and that he/she has retained no copies of such records,papers, files or other information. 7 Voluntary Execution. Employee represents that he/she has read, considered, and fully understands this Agreement and all its terms, and executes it freely and voluntarily 8. Construction of Agreement, Governing Law Each party has had a full and complete opportunity to review this Agreement, and has been given the opportunity to have counsel review it. Accordingly, the Parties agree that the common law principles of construing ambiguities against the drafter shall have no application to this Agreement. Interpretation of this Agreement shall be under Washington law If any such action is necessary to enforce the terms of this Agreement, the substantially prevailing party shall be entitled to receive reasonable attorneys' fees and costs. Agreement Page 3 of 3 9 No Representations. Employee represents that in entering into this Agreement, he/she does not rely and has not relied upon any representation or statement made by the City or any of its employees or agents concerning this Agreement. 10. Confidentiality Employee agrees to keep the terms of this Agreement and the Memorandum of Agreement(MOA) confidential, except for communications about it with his/her immediate family, attorney or accountants or other professional financial advisors. 11 Complete Agreement. This Agreement constitutes a full and final resolution of all matters in any way related to Employee's employment with and separation from the City This Agreement supersedes any and all other agreements between the parties. The parties agree that no modification, change or amendment of this Agreement or any of its provisions shall be valid, unless in writing and signed by the party against whom such claimed modification, change or amendment is sought to be enforced. 12. Severabilitv If any provision of this Agreement, or portion thereof, shall be held invalid or unenforceable by a court of competent jurisdiction or in any arbitration proceeding, such invalidity or unenforceability shall attach only to such provision or portion thereof, and shall not in any way affect or render invalid or unenforceable any other provision of this Agreement or portion thereof, and this Agreement shall be carried out as if any such invalid or unenforceable provision or portion thereof were not contained herein. In addition, any such invalid or unenforceable provision shall be deemed, without further action on the part of the parties, modified, amended or limited to the extent necessary to render the same valid and d enforceable. 13. Titles. The titles of the paragraphs of this Agreement are inserted merely for convenience and ease of reference and shall not affect or modify the meaning of any of the terms, covenants or conditions of the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as their free and voluntary act on the dates set forth below Date: Employee City of Auburn By Date: Its SEPARATION AND RELEASE AGREEMENT This separation and release agreement ("Agreement") is entered into by and between the City of Auburn(or the"City") and ("Employee") individually and his/her martial interest, if any, (hereafter referred to as "The Employee"). I. RECITALS The City has elected to cease providing municipal court services resulting in the elimination of Employee's position. The parties desire to agree on a separation and release agreement given these unique circumstances and to aid Employee's transition to alternative employment. II. AGREEMENT In consideration of the foregoing recitals,the parties agree as follows: 1 Separation from Employment. Employee's last date of employment with the City shall be (the"Separation Date"). Upon signing this Agreement the Employee will be paid according to the terms and conditions of the Memorandum of Agreement between the City of Auburn and Teamsters Local 111 attached hereto and incorporated herein by this reference. 2. Release. Employee accepts the benefits contained in this Agreement in full satisfaction of all his/her rights and interests relating to his/her employment with and separation from the City and, in consideration therefore, Employee hereby releases the City, its agents, representatives and employees (collectively, the "Released Parties") from all claims (other than claims for the breach of this Agreement), causes of action or liabilities, suspected or unsuspected and irrespective of any present lack of knowledge of any possible claim or of any fact or circumstance pertaining thereto, which Employee may have or claim to have against any of the Released Parties arising from or during employment with the City or as a result of separation from employment. This release specifically covers, but is not limited to, any claims of discrimination based on race, color, national origin, sex, sexual orientation,marital status, age (including claims under the Age Discrimination in Employment Act) or physical or mental disability under any federal, state, or local law, rule, or regulation; any contract or tort claims arising under federal, state, or local law; any claims for unpaid wages or benefits; any claims arising under federal, state or local law based on promises made or allegedly made by the City to Employee; and any claims under any express or implied contract or legal restrictions on the City's right to terminate its employees. Employee hereby covenants not to assert any such claims or causes of action(the only exception being a suit filed solely to challenge the validity of this release under the ADEA). This release is intended to be all encompassing, and to fully resolve all matters and relations between the parties up to the date Employee signs this Agreement. 3 No Admission. Nothing in this Agreement shall be construed as any indication that the City or any of the Released Parties has acted wrongfully towards Employee or any other Person. LAEmployee&Labor Relations\Separation Agreements\20120828 Under 40 Teamsters Separation Agreement.doc EXHIBIT "C" Agreement Page 2 of 3 4 Employee Confidentiality. Employee acknowledges and agrees that the Employee has a continuing duty of confidentiality with regard to any confidential or proprietary information or records, whether written or oral, which he/she has learned of or had access to or which was otherwise disclosed to him/her in the course of his/her employment with the City The Employee agrees that he/she will not disclose any such confidential or proprietary information to any third parties without the express prior written consent of the City 5 Citv Property Employee represents and certifies that all property of the City, including but not limited to all business records,paper and files,telephone, computer, computer drives and discs, have been left at the City's offices or returned to the City, and that he/she has retained no copies of such records, papers, files or other information. 6. Voluntary Execution. Employee represents that he/she has read, considered, and fully understands this Agreement and all its terms, and executes it freely and voluntarily 7 Construction of Aereement, Governing Law Each party has had a full and complete opportunity to review this Agreement, and has been given the opportunity to have counsel review it. Accordingly,the Parties agree that the common law principles of construing ambiguities against the drafter shall have no application to this Agreement. Interpretation of this Agreement shall be under Washington law If any such action is necessary to enforce the terms of this Agreement,the substantially prevailing_ party shall be entitled to receive reasonable attorneys' fees and costs. 8. No Representations. Employee represents that in entering into this Agreement, he/she does not rely and has not relied upon any representation or statement made by the City or any of its employees or agents concerning this Agreement. 9 Confidentiality Employee agrees to keep the terms of this Agreement and the attached Memorandum of Agreement(MOA)confidential, except for communications about it with his/her immediate family, attorney or accountants or other professional financial advisors. 10. Complete Agreement. This Agreement constitutes a full and final resolution of all matters in any way related to Employee's employment with and separation from the City This Agreement supersedes any and all other agreements between the parties. The parties agree that no modification, change or amendment of this Agreement or any of its provisions shall be valid, unless in writing and signed by the party against whom such claimed modification, change or amendment is sought to be enforced. 11 Severabilitv If any provision of this Agreement, or portion thereof, shall be held invalid or unenforceable by a court of competent jurisdiction or in any arbitration proceeding, such invalidity or unenforceability shall attach only to such provision or portion thereof, and shall not in any way affect or render invalid or unenforceable any other provision of this Agreement or portion thereof, and this Agreement shall be carried out as if any such invalid or Agreement Page 3 of 3 unenforceable provision or portion thereof were not contained herein. In addition, any such invalid or unenforceable provision shall be deemed, without further action on the part of the parties, modified,amended or limited to the extent necessary to render the same valid and enforceable. 12. Titles. The titles of the paragraphs of this Agreement are inserted merely for convenience and ease of reference and shall not affect or modify the meaning of any of the terms, covenants or conditions of the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as their free and voluntary act on the dates set forth below Date: Employee City of Auburn By Date: Its