Resolution No. 5765301
RESOLUTION NO. 5765
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
APPROVING A SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF CYPRESS
AND THE CYPRESS POLICE OFFICERS' ASOCIATION AND CYPRESS EMPLOYEES'
ASSOCIATION REGARDING UNIT MODIFICATION AND AMENDING RESOLUTION
NO. 970 PERTAINING TO RELATIONS AND COMMUNICATIONS BETWEEN THE CITY
OF CYPRESS AND ITS EMPLOYEES.
WHEREAS, in accordance with the Meyers - Milias -Brown Act ( "MMBA "; Government
Code Section 3500, et seq.), on May 12, 1969, after consulting in good faith with the Cypress
Employee Association ( "CEA ") and the Cypress Police Association ( "CPOA "), which were the
only employee organizations having members in the employment of the City at the time, the City
Council of the City of Cypress ( "City Council ") adopted Resolution No. 970 which establishes
criteria for the administration of employer /employee relations and communications; and
WHEREAS, in part, Resolution No. 970 establishes a reasonable and orderly method of
resolving questions regarding wages, hours and other terms and conditions of employment and
procedures for the recognition of employee organizations; and
WHEREAS, Section 4 of Resolution No. 970 initially recognized two separate and
distinct "Employee Groups for Recognition" which were defined as follows:
"(1) All police department employees, including sworn and non -sworn employees;
(2) All general government employees including all employees of the City engaged in
general government functions excluding employees of the police department ";
and
WHEREAS, Resolution No. 970 has been amended numerous times to reflect changes in
language, as well as the creation of additional employee bargaining units and/or the modification
of existing employee bargaining units; and
WHEREAS, Resolution No. 2698, which was adopted on September 26, 1983, represents
the most current City resolution defining the employee bargaining unit represented by the CEA
and states as follows:
"(5) All general government employees, including all employees of the City engaged
in general governmental functions, but excluding the following:
(a) Those employees identified in Subsections (1), (2), (3), and (4) hereof, and
(b) Management and confidential employees "; and
WHEREAS, Resolution No. 3836, which was adopted on September 24, 1990, represents
the most current City resolution defining the employee bargaining unit represented by the CPOA
and states as follows:
"(1) All police department employees, including sworn and non -sworn employees and
Police Records Supervisor; but excluding management and confidential employees and
the classifications of secretary, clerk, typist, stenographer, and such other clerical
positions that may from time to time be added to the Department."
WHEREAS, under the MMBA, full -time peace officers are entitled to be in an employee
bargaining unit comprised solely of peace officers as such is defined Penal Code sections 830
through 832.8; and
WHEREAS, on January 2, 2004, the City received a request from the CPOA to modify
its represented bargaining unit to exclude all "non- sworn" members; and
WHEREAS, pursuant to Section 4 of Resolution No. 970, the City has investigated and
considered the work assignments and interests of all City employees; and
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WHEREAS, pursuant to Section 4 of Resolution No. 970, the City has concluded, based
on this consideration, that it would be appropriate to add "non- sworn" police department
employees to the bargaining unit represented by the CEA, and that the representation of "non -
sworn" police department employees to the bargaining unit represented by the CEA will be
conducive to harmonious employer - employee relations and to the efficient operation of the City;
and
WHEREAS, after the City met and consulted in good faith with the CEA and CPOA
regarding the modification of the bargaining units to be represented by each unit, the City, CEA
and CPOA jointly prepared a "Side Letter of Agreement Between the City of Cypress and Both
the Cypress Police Officers' Association and the Cypress Employees' Association Regarding
Unit Modification" ( "Side Letter "), a copy of which is attached hereto and incorporated herein as
Exhibit "A "; and
WHEREAS, the Side Letter memorializes the three parties' agreement that the bargaining
unit represented by the CPOA shall be modified such that the CPOA bargaining unit will contain
those job classifications which are generally described as follows:
"(1) All full -time 'peace officers' employed by the City as defined by Gov't Code
Section 3508 and Penal Code sections 830 through 832.8, except for Police Lieutenant
and Police Captain which are within a separate bargaining unit "; and
WHEREAS, pursuant to the Side Letter all non full -time "peace officers" who have
historically been members of the bargaining unit represented by the CPOA shall become
members of the bargaining unit represented by CEA, unless another bargaining unit expressly
covers their job classification; and
WHEREAS, pursuant to the MMBA, the Side Letter would also amend the current
respective Memorandum of Understanding entered into between the City and the CPOA and
CEA; and
WHEREAS, for the Side Letter to be effective, the City Council must amend Section 4 of
Resolution No. 970 to reflect the modifications of each represented bargaining unit ; and
WHEREAS, the City Council desires to amend Section 4 of Resolution No. 970 and to
approve the Side Letter to allow for the modification of the bargaining units represented by
CPOA and CEA.
NOW, THEREFORE, the City Council of the City of Cypress does hereby ordain as
follows:
SECTION 1: That the foregoing recitals are true and correct and are incorporated herein by
this reference.
SECTION 2: That, pursuant to Section 3 of Resolution No. 970, the City has met and
conferred with CEA and CPOA regarding modifying the bargaining units represented by each of
them.
SECTION 3: That, pursuant to Section 4 of Resolution No. 970, the City has investigated
and considered the work assignments and interests of all City employees; and the City has
concluded, based on this consideration, the appropriateness of adding "non- sworn" police
department employees to the bargaining unit represented by the CEA, and that such modification
will be conducive to harmonious employer - employee relations and to the efficient operation of
the City.
SECTION 4. That Subsection (1) of Section 4 of Resolution No. 970 is amended to read
as follows:
"(1) All full -time "peace officers" employed by the City as defined by Gov't Code
Section 3508 and Penal Code sections 830 through 832.8, except for Police Lieutenant
and Police Captain which are within a separate bargaining unit."
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SECTION 5: That all non full -time "peace officers" who were formerly members of the
bargaining unit represented by the CPOA shall become members of the bargaining unit
represented by CEA, unless another bargaining unit expressly covers their job classification.
SECTION 6: That the City Council approves the "Side Letter of Agreement Between the
City of Cypress and Both the Cypress Police Officers' Association and the Cypress Employees'
Association Regarding Unit Modification," including the two attachments thereto setting forth
the list of the job classifications within each bargaining unit to be represented by the CEA and
the CPOA, all of which are attached hereto and incorporated herein as Exhibit "A."
SECTION 7: That the City Manager, or his /her designated representatives, is authorized
to ratify the Side Letter on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 14th day of June, 2004.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
Y CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM- GUERTIN, City Clerk of the City of Cypress, DO HEREBY
CERTIFY THAT THE FOREGOING Resolution was duly adopted at a regular meeting of the said
City Council held on the 14th day of June 2004, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McCoy, Sondhi, Piercy and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McGill
Y CLERK OF THE CITY OF CYPRESS