ITEM:

CONSENT CALENDAR

5.

CONSIDER APPROVAL OF A NEW MEMORANDUM OF UNDERSTANDING BETWEEN THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AND THE CONFIDENTIAL STAFF BARGAINING UNIT

Meeting Date:

From:

David A. Berger,

Program/

N/A

General Manager

Line Item No.:

Prepared By:

Same

Cost Estimate:

See Below

## Committee Recommendation:N/A

CEQA Compliance:  N/A

SUMMARY:  A new Memorandum of Understanding (MOU) has been negotiated with the District’s Confidential Staff Bargaining Unit (Confidential Unit), which is retroactive to July 1, 2006 and covers the period through June 30, 2007.  It replaces an MOU with the Confidential Unit whose term ended on June 30, 2006.

RECOMMENDATION:  It is recommended that the Board 1) approve the new MOU with the Confidential Staff Bargaining Unit, covering the period July 1, 2006 through June 30, 2007; and 2) authorize its execution by the General Manager.

BACKGROUND:  The Meyers-Melias-Brown Act (MMBA) is the state statute governing employer-employee labor relations that occur in all general and special purpose local government agencies in California; except school districts, which are covered by a separate statute.  MMBA authorizes each local agency governing board to adopt procedures by which its labor relations activities are conducted and administered, following consultation with the affected employee group(s).  MMBA gives local agency employees the right to organize, and formally be recognized by their employer, for the purpose of meeting and conferring on matters involving compensation, hours of work and other terms and conditions of work.  MMBA further specifies that a “Memorandum of Understanding” be jointly prepared by the local agency and each recognized employee group to memorialize any agreement reached through the meet-and-confer process, for presentation and determination by the governing board.   By its adoption of Resolution No. 2002-02, the District Board adopted rules implementing MMBA for purposes of carrying out labor relations activities in the District, which included creation of a Confidential Unit comprised of the following employee classifications:  Administrative Services Manager/Chief Financial Officer, Executive Assistant, and Human Resources Analyst.  Successive MOUs for the Confidential Unit subsequently were negotiated, the most recent of which contains an ending term of June 30, 2006, as well as provision for negotiating its renewal.  Under a separate state statute, the Ralph M. Brown Act, the Board met in closed session on August 21 and September 18, 2006 with its representative (General Manager Berger) to give instructions for negotiating terms and conditions of a new MOU with members of the Confidential Unit.

IMPACT TO STAFF/RESOURCES:  The District’s fiscal 2006-7 budget that the Board adopted on June 22, 2006 contains $150,000 more in total projected revenues than the amount appropriated for expenditures. Approximately$108,000 of that amount is now committed through the Board’s recent approval of new MOU’s with the General Staff Bargaining Unit and Management Staff Bargaining Unit.  The five percent increase (or approximately \$15,000) in compensation adjustment contained in the new MOU negotiated with the Confidential Unit, closely parallels the overall percent compensation increase granted in the General and Management Unit MOUs.  Thus, more than adequate uncommitted District financial resources exist to cover the increased compensation cost of the proposed Confidential Unit MOU.  The supplemental appropriation necessary to cover the unbudgeted cost impact of these three new MOUs will be included in the proposed Mid-Year Budget Adjustment, which should be presented to the Board for consideration next February.

### EXHIBITS

5-A      Confidential Staff Bargaining Unit Memorandum of Understanding, July 1, 2006 through June 30, 2007

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