Tuesday, July 04, 2017

COUNCILMEMBERS Hardy, Reimers, Richards, Theis, Dallas Approve Agenda Item 19. SR 2017-088 Consideration of a Resolution of the City Council of the City of Carmel-by—the-Sea adopting the Memorandum of Understanding (MOU) between the City of Carmel-by- the Sea General employees union – an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO; and the City of Carmel-by-the-Sea Management Employees Union - an affiliate of the Laborers’ International Union of North America,United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO (June 6, 2017) Without Memorandum of Understanding (Exhibit A) for the period of January 1, 2017 through June 30, 2019 per RESOLUTION & Amid Ongoing Negotiations Regarding Memorandum of Understanding between The City of Carmel-by-the-Sea and the City of Carmel-by-the-Sea Management Employees Union - an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO

ABSTRACT: On June 6, 2017, at the regular meeting of the City Council, the City Council approved Agenda Item 19. SR 2017-088 Consideration of a Resolution of the City Council of the City of Carmel-bythe-Sea adopting the Memorandum of Understanding (MOU) between the City of Carmel-by- the Sea General employees union an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO; and the City of Carmel-by-the-Sea Management Employees Union - an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO, as part of the Consent Agenda. However, the agenda packet provided to the public and city council members only contained a 2-page Staff Report submitted by Maxine Gullo, Human Resources Manager and approved by Chip Rerig, City Administrator, and a 1-page RESOLUTION, even though the RESOLUTION referenced “attached Memorandum of Understanding (Exhibit A) for the period of January 1, 2017 through June 30, 2019.” Per a public records act request, approximately three weeks after the city council meeting, the City provided “Exhibit A,” Memorandum of Understanding Between The City of Carmel-by-the-Sea and City of Carmel-by-the-Sea General Unit (red-lined version), but not both MOUs, namely Memorandum of Understanding Between The City of Carmel-by-the-Sea and City of Carmel-by-the-Sea General Unit and the Memorandum of Understanding between The City of Carmel-by-the-Sea and the City of Carmel-by-the-Sea Management Employees Union - an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO, per RESOLUTION. Moreover, correspondence obtained from the City per the aforementioned public records act request show ongoing discussions and negotiations regarding the Memorandum of Understanding between The City of Carmel-by-the-Sea and the City of Carmel-by-the-Sea Management Employees Union - an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO between Ryan Heron, Labor Relations Representative, United Public Employees of California Local 792, and the City, including, but not limited to, Maxine Gullo, Human Resources Manager and Samantha W. Zutler, partner, Burke, Williams & Sorensen, LLP. Specifically, on June 6, 2017, at 2:41 PM, Ryan Heron stated in an email to the Samantha W. Zutler, copied to Maxine Gullo, Matt Feisthamel, Margi Perotti, Anna Aubuchon, Janie Miller, Mike Branson and Sullivan Carey-Lang, “We haven't had a chance to review the mgmt unit MOU.” Samantha W. Zutler provided a red line version of the Management MOU as an attachment to an email to Ryan Heron on June 22, 2017, 16 days after COUNCILMEMBERS: Hardy, Reimers, Richards, Theis, Dallas unanimously PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND CARMEL-BY-THE-SEA GENERAL EMPLOYEES UNION – AN AFFILIATE OF THE LABORERES’ INTERNATIONAL UNION OF NORTH AMERICA, UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LIUNA/UPEC, LOCAL 792, AFL-CIO; AND THE CITY OF CARMEL-BY-THE SEA MANAGEMENT EMPLOYEES UNION – AN AFFILIATE OF THE LABORERES’ INTERNATIONAL UNION OF NORTH AMERICA, UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LIUNA/UPEC, LOCAL 792, AFL-CIO AS OF JANUARY 1, 2017.
"EXHIBIT A"
Memorandum of Understanding between The City of Carmel-by-the-Sea and City of Carmel-by-the-Sea General Unit (red line version)

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