Monday, July 17, 2017

Memorandum of Understanding between The City of Carmel-by-the-Sea and City of Carmel-by-the-Sea General Unit (January 1, 2017- June 30, 2019)

ABSTRACT:  Memorandum of Understanding between The City of Carmel-by-the-Sea and City of Carmel-by-the-Sea General Unit (January 1, 2017- June 30, 2019) document copy is embedded.  HIGHLIGHTS, including ARTICLE 1: PREAMBLE, ARTICLE 2: RECOGNITION, ARTICLE 3: TERM OF CONTRACT, ARTICLE 4: COMPENSATION, ARTICLE 6: CAL-PERS RETIREMENT PLAN and ARTICLE 30: EFFECT OF AGREEMENT, are featured. 
Memorandum of Understanding between The City of Carmel-by-the-Sea and City of Carmel-by-the-Sea General Unit
January 1, 2017- June 30, 2019

HIGHLIGHTS:

ARTICLE 1: PREAMBLE

This Memorandum of Understanding (MOU) is made and entered into between the City of Carmel-by-the-Sea, hereinafter referred to as "City," and the Laborers' International Union of North America, United Public Employees of California, LIUNA!UPEC, Local 792, hereinafter referred to as "Union" pursuant to California Government Code Section 3500 et seq. The purpose of this MOU is the establishment of rates of compensation, hours of work and other terms and conditions of employment. Existing practices and/or benefits which are not referenced in this MOU and which are subject to the meet and confer process shall continue without change unless modified subject to the meet and confer process.

ARTICLE 2: RECOGNITION

2.1 The City of Carmel-by-the-Sea recognizes the Union as the exclusive representative for the following non-exempt classifications.

1. Administrative Coordinator (Fire, Planning and Building, and Public Works)
2. Assistant City Forester
3. Assistant Planner
4. Building Inspector
5. Facility Maintenance Specialist
6. Circulation Supervisor
7. Code Enforcement Officer
8. Community Activities Assistant
9. Facility Maintenance Worker
10. Finance Analyst
11. Finance Specialist
12. Financial Services Coordinator
13. Forest Care Worker
14. Hourly Library Assistant
15. Librarian I
16. Librarian II
17. Library Assistant
18. Maintenance Worker
19. Maintenance Worker/Gardener
20. Permit Technician
21. Planning Technician
22. Program Supervisor
23. Public Service Maintenance Worker I
24. Public Service Maintenance Worker II
25. Senior Maintenance Worker (Cement Mason, Equipment Operator, Sweeper Operator, Traffic Markings Painter, Mechanic)
26. Streets Supervisor
27. Tree Care Specialist

2.2 Notwithstanding any other provisions in this MOU, part time hourly positions are not entitled to any other compensation or benefit not specifically listed herein.

ARTICLE 3: TERM OF CONTRACT

3.1 The term of this MOU shall be from January 1, 2017 through June 30,2019.

ARTICLE 4: COMPENSATION

4.1 Wages:

The hourly rate salary steps for all classes in this representation unit shall be increased by two percent (2%), effective January 1, 2017.

The hourly rate salary steps for all classes in this representation unit shall be increased by an additional two percent (2%), effective January 1, 2018.

The hourly rate salary steps for all classes in this representation unit shall be increased by an additional two percent (2%), effective January 1, 2019.

ARTICLE 6: CAL-PERS RETIREMENT PLAN

6.1 Tier I: Bargaining unit members hired on or before November 1, 2011

6.1.1. The "2% at 55" retirement formula shall be available to bargaining unit members hired on or before November 1, 2011.

6.1.2. Final Compensation Based on 12-Month Period

For the purposes of determining a retirement benefit, final compensation for bargaining unit members covered by this Section mean the highest consecutive twelve (12) month period.

6.1.3. Required Member Contributions

Bargaining unit members covered by this section shall continue to pay, through payroll deduction, the 7.0% member contribution.

6.1.4. Pension Cost Sharing
Effective November 1, 2015, or when the PERS contract amendment is processed whichever is sooner, in addition to paying the 7.0% member contribution, bargaining unit members covered by this Section shall pay, through payroll deduction, an additional 1.5% of PERSable compensation towards the City's costs, for a total contribution of 8.5% toward the normal cost of pension benefits as permitted by Cal. Gov. Code Section 20516.

Effective July 1, 2016, in addition to paying the 7.0% member contribution, as well as 1.5% of the employer contribution, bargaining unit members covered by this Section shall pay, thorough payroll deduction, an additional 1.5% of PERSable compensation towards the City's costs, for a total contribution of 10% toward the normal cost of pension benefits, as permitted by Cal. Gov. Code Section 20516.

The parties acknowledge that CalPERS mandates an election by unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Cal. Gov. Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the PERS contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City's amendment to the PERS contract, unit member contributions will be made pursuant to Cal. Gov. Code Section 20516. If the contract amendment is not complete before the effective date of the cost sharing described in this Section, the cost sharing shall be implemented outside of a PERS contract amendment as authorized by Cal. Gov. Code Section 20516(f). The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in this Section.

6.2 Tier II: Bargaining Unit Members Hired After November 1, 2011 and Prior to January 1, 2013, and Unit Members Qualified for Reciprocity (Classic Members).

6.2.1. This Section 6.2 (including subsections) shall apply to bargaining unit members hired on or after November 1, 2011 and prior to January 1, 2013. In addition, this Section 6.2 shall apply to bargaining unit members hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Cal. Gov. Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member) requirements.

6.2.2. The "2% at 60" retirement formula shall be available to bargaining unit members covered by this Section.

6.3 Final Compensation Based on Three-Year Final Average

For the purposes of determining a retirement benefit, final compensation for bargaining unit members covered by this Section shall be determined by the average of the final three years of the member's salary.

6.4 Required Member Contributions

Bargaining unit members covered by this section shall continue to pay, through payroll deduction, the 7.0% member contribution.

6.5 Pension Cost Sharing

Effective November 1, 2015, in addition to paying the 7.0% member contribution, bargaining unit members covered by this Section shall pay, through payroll deduction, an additionall.5% of PERSable compensation towards the City's costs, for a total contribution of 8.5% toward the normal cost of pension benefits as permitted by Cal. Gov. Code Section 20516.

Effective July 1, 2016, in addition to paying the 7.0% member contribution, and 1.5% of the employer contribution, bargaining unit members covered by this Section shall pay, thorough payroll deduction, an additional 1.5% of PERSable compensation towards the City's costs, for a total contribution of 10% toward the normal cost of pension benefits, as permitted by Cal. Gov. Code Section 20516.

The parties acknowledge that CalPERS mandates an election by unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Cal. Gov. Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the PERS contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City's amendment to the PERS contract, unit member contributions will be made pursuant to Cal. Gov. Code Section 20516. If the contract amendment is not complete before the effective date of the cost sharing described in this Section, the cost sharing shall be implemented outside of a PERS contract amendment as authorized by Cal. Gov. Code Section 20516(f). The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in this Section.

6.6 Tier III: PEPRA Retirement Tier Required for Bargaining Unit Members Hired On or After January 1, 2013 (Non-Classic Members)

6.6.1. This Section shall apply to bargaining unit members who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity (non-Classic Members) as stated in Cal. Gov. Code Section 7522.02(c).

6.6.2. 2% at 62 Formula

The "2% at 62" retirement formula will be available to bargaining unit members covered by this Section.

6.6.3. Final Compensation Based on Three-Year Final Average Salary

For the purposes of determining a retirement benefit, final compensation for bargaining unit members covered by this Section shall be determined by the average of the final three years of the member's salary.

6.7 Required Member Contributions

As required by Cal. Gov. Code Section 7522.04(g), effective January 1, 2013, bargaining unit members covered by this Section shall pay, through payroll deduction, fifty percent (50%) of normal costs.

6.8 Pension Cost Sharing

Effective November 11, 2015, in addition to paying 50% of normal costs as described above, bargaining unit members covered by this Section shall pay, through payroll deduction, an additional 1.5% of PERSable compensation toward the City's cost of pension benefits, as permitted by Cal. Gov. Code Section 20516.

Effective July 1, 2016, in addition to paying 50% of normal costs as described above, bargaining members covered by this Section shall pay, through payroll deduction, an additional1.5% of PERSable compensation toward the City's normal cost of pension benefits as permitted by Cal Gov. Code Section 20516, for a total of 3.0% of PERSable compensation paid toward the City's costs.

The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City's amendment to the Ca!PERS contract, unit member contributions will be made pursuant to Government Code Section 20516, Unit member Cost Sharing of Additional Benefits. 1f the contract amendment is not complete before the effective date of the cost sharing described in this Section 6.3, the cost sharing shall be implemented outside of a Ca!PERS contract amendment as authorized by Government Code Section 20516(f). The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in this Section 6.3.

6.9 As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each unit member shall pay through payroll deductions the PERS contributions described in Section 6 with state and federal income tax on the PERS member contribution deferred to the extent permitted by law, including but not limited to, Internal Revenue Code, 26 USC Section 414(h)(2).

6.10 The City shall provide bargaining unit members with those optional benefits which it has elected to provide to bargaining unit members in its contract with Ca!PERS and in accordance with the Public Employees Retirement Law.

ARTICLE 30: EFFECT OF AGREEMENT

30.1 This Memorandum of Understanding sets forth the full and complete understanding between the parties hereto. Any items, from previous agreements, not addressed in this agreement are carried forward.

Saturday, July 15, 2017

Glen R. Mozingo, Esq., City Attorney & Congressional Gold Medal

ABSTRACT: In Response to City of Carmel-by-the-Sea Request for Qualifications for Legal Services and GLEN R. MOZINGO, ESQ. J.D. M.I.C.A CURRICULUM VITAE, as part of the Staff Report Consideration of a resolution authorizing adoption of a contract with G.R. Mozingo, Esq. APC to serve as City Attorney, July 11, 2017, Glen Mozingo stated that he is the recipient of the United States Congressional Gold Medal. However, as Squid recounted, “Squid could find no evidence Mozingo ever received one, so Squid checked with the U.S. Office of the Historian in Washington, D.C., just to be sure. Their answer: nope,” corroborated by Congressional Gold Medals, 1776-2016, Congressional Research Service.

REFERENCES:
Glen r. Mozingo, Esq. Rfq Responses & Cv 07-11-17 by L. A. Paterson on Scribd
ATTACHMENTS
2. Mozingo Response to RFQ
3. Mozingo Curriculum Vitae
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
Consideration of a resolution authorizing adoption of a contract with G.R. Mozingo, Esq. APC to serve as City Attorney.
July 11, 2017

Response to City of Carmel-by-the-Sea
Request for Qualifications for Legal Services
RFQ 16-17-11

Scholastic Honors and Professional Affiliations:
I am the recipient of both the United States Congressional Medal of Distinction and United States Congressional Gold Medal for my work in aiding Congressional Conference Committees of the United States House of Representatives and Senate, where I assisted in' negotiating legislative proposals that resulted in the passage of significant legislation in the area of highway funding for both federal and state programs.
Additionally, I have received the following awards, honors and appointments:
• United States Congressional Gold Medal

GLEN R. MOZINGO, ESQ. J.D. M.I.C.A
CURRICULUM VITAE

I am the recipient of both the United States Congressional Medal of Distinction and Congressional Gold Medal for my work in aiding Congressional Conference Committees of the United States House of Representatives and Senate, where I assisted in negotiating legislative proposals that resulted in the passage of significant legislation.
Awards & Honors:
• United States Congressional Gold medal

Expert Network >> Lawyer (Law) >> Glen R. Mozingo, Esq.
Glen R. Mozingo, Esq.
Founding Partner, Mozingo & Patel, A.P.C.
He is the recipient of both the Congressional medal of distinction and Congressional Gold Medal for his work in aiding Congressional Conference Committees of the United States House of Representatives and Senate where he assisted in negotiating legislative proposals that resulted in the passage of significant legislation.

Glen R. Mozingo, Esq. Has Been Recognized Among the Top in His Industry by the Expert Network©
The Expert Network celebrates its newest member, Attorney Glen R. MozingoPress Release - Sep 2, 2016

Mozingo & Patel, A.P.C.
SHINY MEDAL
SQUID FRY 07.13.17: Shiny Medal
Congressional Gold Medal Recipients

Congressional Gold Medals, 1776-2016 by L. A. Paterson on Scribd
Congressional Gold Medals, 1776-2016
Matthew Eric Glassman
Analyst on the Congress
February 13, 2017
Congressional Research Service

Wednesday, July 12, 2017

CITY ADMINISTRATOR CHIP RERIG’S MUNICIPAL MANAGEMENT COMPETENCY, JUDGMENT & ETHICS; ASSISTANT CITY ADMINISTRATOR/HUMAN RESOURCES MANAGER MAXINE GULLO’S COMPETENCY, JUDGMENT & ETHICS; AND THE CARMEL PINE CONE’S ALLEGIANCE TO STANDARDS OF FAIRNESS , OBJECTIVITY & CONSISTENCY IN JOURNALISM

ABSTRACT: In the context of City Administrator Chip Rerig’s municipal management competency, judgment and ethics; in the context of Assistant City Administrator/Human Resources Manager Maxine Gullo’s competency, judgment and ethics; and in the context of The Carmel Pine Cone’s allegiance to standards of fairness, objectivity and consistency in journalism...in January 2017, the City reclassified city employee Anna Aubuchon from Administrative Coordinator to Finance Specialist responsible for reconciling bank accounts and processing payments without conducting a background check. Specifically, City Administrator Rerig and then-Human Resources Manager Gullo approved the reclassification; Rerig approved the PAR form regarding the change. And yet, in 2009, Anna Aubuchon and her spouse Michael Aubuchon filed a Voluntary Petition Chapter 13, UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA. Selected court documents are embedded as REFERENCES. With regard to The Carmel Pine Cone, on March 14, 2014, The Carmel Pine Cone published an article entitled “City finance specialist guilty of food stamp fraud, has three bankruptcies - Stilwell says reporting is ‘bullying’ by MARY SCHLEY and on April 11, 2014, The Carmel Pine Cone published an Editorial entitled “Who will the next victim be?” And yet, as of July 2017, The Carmel Pine Cone has not reported on the City reclassifying Anna Aubuchon from Administrative Coordinator to Finance Specialist and the City’s acts of omission and commission in terms of their fiduciary duty to the residents of the City of Carmel-by-the-Sea.

REFERENCES:
Bankruptcy Voluntary Petition 08-18-2009 by L. A. Paterson on Scribd
United States Bankruptcy Court
Northern District of California
Voluntary Petition

Name of Debtor: Aubuchon, Michael
Name of Joint Debtor (Spouse): Aubuchon, Anna
August 18, 2009
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
MEMORANDUM DECISION AND ORDER ON DEBTORS’ MOTION FOR VALUATION OF RESIDENCE AND AVOIDANCE OF SECOND DEED OF TRUST

In re: MICHAEL AUBUCHON and ANNA AUBUCHON, Debtors.
Case No. 09-56881-MM
Chapter 13
March 04, 2010
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
CHAPTER 13 STANDING TRUSTEE’S FINAL REPORT AND ACCOUNT

In re: MICHAEL AUBUCHON
ANNA AUBUCHON Debtor(s)
Case No. 09-56881 MEH
May 13, 2015
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
FINAL DECREE

In Re: MICHAEL AUBUCHON
ANNA AUBUCHON Debtors
Chapter 13
Case No. 09-56881 MEH
May 15, 2015

Chapter 13 - Bankruptcy Basics
UNITED STATES COURTS

City finance specialist guilty of food stamp fraud, has three bankruptcies- Stilwell says reporting is ‘bullying’
By MARY SCHLEY
Published: March 14, 2014

Editorial
Who will the next victim be?
The Carmel Pine Cone, April 11, 2014, 28A

Monday, July 10, 2017

CITY ADMINISTRATOR CHIP RERIG’S PREFERENTIAL TREATMENT of The Carmel Pine Cone Guarantees The Carmel Pine Cone Will Not Incite ‘a Groundswell of Public Opinion Among the Residents Through Articles Generally Biased Against the New Administration’

 The Carmel Pine Cone

The local newspaper incited a groundswell of public opinion among the residents through articles generally biased against the New Administration.

SOURCE: CARMEL-BY-THE-SEA A GOVERNANCE REVIEW
Monterey County Civil Grand Jury, 2015

EXHIBIT A:
  In an e-mail from City Administrator Chip Rerig to city staff members regarding Rerig’s appointment of former Commander Paul Tomasi to the position of Chief of Police/Director of Public Safety, dated December 16, 2016 at 10:07 A. M., City Administrator Chip Rerig stated to city staff members, in part, as follows: “Good morning. As you're likely aware, I recently appointed Paul Tomasi as our Chief of Police/Director of Public Safety… I was remiss in not sending you the news of Paul's appointment to the entire staff team earlier. You should not have learned of my decision through our local media outlets, and I apologize for this oversight. My only defense is that I wanted to insure that the story was not first reported by a news group other than The Pine Cone.”
Carmel-by-the-Sea Mall - Fwd: Paul Tomasi
From: Chip Rerig <crerig@ci.carmel.ca.us>
Date: Fri, Dec 16, 2016 at 10:07 AM
Subject: Paul Tomas

EXHIBIT B: Realizing that the City of Carmel-by-the-Sea provided city council agendas to The Carmel Pine Cone on Thursday afternoons prior to providing them to the public on Friday afternoons, Carmelite Jeff Baron communicated to the city council on March 7, 2017 that it is “an issue of fairness,” “I don’t think it’s fair that The Pine Cone gets any idea of what’s on the agenda before the public does. You guys in the city, you’re responsible to the public, not to the press.”

REFERENCES:
CARMEL-BY-THE-SEA A GOVERNANCE REVIEW
Monterey County Civil Grand Jury, 2015

Tomasi to become city’s police chief, By MARY SCHLEY, The Carmel Pine Cone, December 16, 2016, 1A & 17A

BARON COMPLAINS ABOUT PINE CONE ACCESS TO COUNCIL AGENDAS, MARY SCHLEY, The Carmel Pine Cone, March 10, 2017, 8A

City Council – March 7, 2017 Video

Sunday, July 09, 2017

MAYOR DALLAS & CITY COUNCIL CONFIRM 2015 Monterey County Civil Grand Jury Conclusion ‘That the actions of the Mayor and City Council appeared to place more importance on…unfavorable media exposure…than on conscientious oversight and governance’ Two Years Later

EXHIBIT A:  Compensation overpayment to then-Public Safety Director/Police Chief Michael Calhoun between March 2015 and September 2015 for responsibilities and duties of city administrator after the hiring and commencement of duties by City Administrator Chip Rerig in March 2015, associated CalPERS pension spiking and inflated compensation between October 2015 and retirement in December 2015. While The Carmel Pine Cone neglected to report on the aforementioned facts and circumstances specifically involving City Administrator Chip Rerig, Mayor Steve Dallas, then-Public Safety Director/Police Chief Michael Calhoun, taxpayer monies and CalPERS pension ramifications, The Carmel Pine Cone reported on a similar circumstance involving former Fire Chief of Monterey, Carmel and Pacific Grove Andrew Miller.

EXHIBIT B:  The fake news article published by The Carmel Pine Cone regarding then-Human Resources Manager Maxine Gullo’s “discovery” that the CalPERs cost sharing changes approved by the city council had not been implemented when an examination of city correspondence proves that then-Finance Manager Paul Wood and Finance Specialist Deanna Allen repeatedly communicated to the city their concerns about CalPERS cost sharing implementation several months prior to City Administrator Chip Rerig’s hiring of Maxine Gullo as human resources manager. Interestingly, The Carmel Pine Cone belatedly reported the “resignation” of then-Finance Director Paul Wood on page 12A, March 17, 2017, ten weeks after Paul Wood’s resignation on January 9, 2017.

EXHIBIT C: Consent Agenda Item 19 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 was approved by the city council at the June 6, 2017 regular meeting. The Staff Report, submitted by Maxine Gullo, Human Resources Manager, and approved by Chip Rerig, City Administrator, included the RESOLUTION, stating the inclusion of Exhibit A, "WHEREAS, the City and LIUNA have reached an agreement which is embodied in the attached Memorandum of Understanding (Exhibit A) for the period of January 1, 2017 through June 30, 2019.” However, not only was Exhibit A not included in the agenda packet for the public or city council members, but the RESOLUTION included the approval of THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY 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 even though city correspondence proves that negotiations and discussions were continuing and ongoing between Ryan Heron, Labor Relations Representative, United Public Employees of California Local 792, and city representatives, on the date of the city council meeting. The Carmel Pine Cone has yet to report on the aforementioned facts.

The 2015 Monterey County Civil Grand Jury report also included FINDING 15. The governance and administration of the City is unduly influenced by the reportorial and editorial practices of The Carmel Pine Cone. In the aftermath of that finding, two years later, it appears that Mayor Steve Dallas and City Council Members place more importance on The Carmel Pine Cone than “conscientious oversight and governance” on behalf of the public and in so doing the current mayor and city council have “vacated their responsibilities of oversight and inquiry” today as well. Déjà vu.

REFERENCES:
CARMEL-BY-THE-SEA A GOVERNANCE REVIEW
Monterey County Civil Grand Jury, 2015

Retired chief suing for bigger pension By KELLY NIX, The Carmel Pine Cone, March 10, 2017, 5A

Taxpayers stuck with $72,000 retirement bill, By MARY SCHLEY, The Carmel Pine Cone, December 2, 2016, 1A & 27A

Mullane resigns as public works director By MARY SCHLEY, The Carmel Pine Cone, March 17, 2017, 1A & 12A