MFP Item 2
June 17,2010
Worksession
MEMORANDUM
TO:
FROM:
SUBJECT:
Management and Fiscal Policy Committee
Robert H. Drummer, Senior Legislative Attorney
~
Worksession:
Bill 31-10, Board of Investment Trustees - Membership
Bill 31-10, Board of Investment Trustees - Membership, sponsored by the Council
President at the request of the County Executive, was introduced on May 4, 2010. A public
hearing was held on June 15.
Background
Bill 31-10 revises the composition of the Board of Investment Trustees by providing that
the representative of the police bargaining unit serve on the Board indefinitely rather than for a
fixed tenn. The Bill would implement the recently negotiated collective bargaining agreement
between the Fraternal Order of Police and the County Executive. Bill 19-09, enacted on May 13,
2009, provided similar indefinite tenns for the representatives designated by MCGEO and the
IAFF. The Council indicated its intent to approve this provision of the collective bargaining
agreement in Resolution No.16-1326 on May 4,2010.
Public Hearing
Stuart Weisberg, Office of Human Resources, testifying on behalf of the Executive,
supported the Bill. See ©17. Mr. Weisberg pointed out a perceived typographical error in the
numbering of the Bill during his testimony. However, Council staff conferred with Mr. Weisberg
after the hearing, and he agreed that the numbering on the Bill is correct.
1.
What is the fiscal impact of the Bill?
There is no fiscal impact due to this Bill. See ©7.
2. Should the Council enact the Bill?
The Council already enacted a similar Bill last year providing indefinite tenns for the
representatives designated by MCGEO and the IAFF. There is no logical reason to treat the FOP
representative differently.
Council
staff recommendation: approve the Bill as introduced.
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This packet contains:
Bill 31-10
Legislative Request Report
Memo from County Executive
Fiscal Impact Statement
Resolution No. 16-1326
Testimony of Stuart Weisberg
Circle
#
1
5
6
7
8
17
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Bill No.
31-10
Concerning:
Board of Investment
Trustees - Membership
Revised: April 23. 2010 Draft No. _1_
Introduced:
May 4,2010
Expires:
November 4. 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _--,-:_ _ _- _ _ __
Sunset Date:
-'N-'-'o:!.!..n:.::.e_----:~_-_
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN
ACT
to:
(1)
(2)
(3)
add an additional member of the Board of Trustees with an indefinite term of
office and delete a member with a definite term of office;
amend the law establishing the Board of Investment Trustees; and
generally amend the law regarding the employees' retirement system.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Section 33-59
Boldface
Underlining
[Single boldface brackets]
Double l.mderlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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Bill 31-10
1
2
Sec.
1.
Section 33-59 is amended as follows:
33-59. Board of Investment Trustees
3
4
5
*
(b) Membership.
*
*
*
*
*
.1
voting certified
6
7
(3) The County Executive must appoint [2]
employee organization representatives, subject to County
Council confirmation, as members of the Board, who serve
indefinitely while each remains the designee of the certified
employee representative. These trustees must not vote on any
matter involving the County deferred compensation plan.
These trustees should be:
(A) one
representative
nominated
by
the
employee
8
9
10
11
12
13
14
organizations certified as the representative of the Office,
Professional, and Technical (OPT) and Service, Labor
and Trades (SLT) bargaining units; [and]
(B) one
representative
nominated
by
the
employee
15
16
17
18
19
organization certified as the representative for the fire
and rescue employee unit[.].;. and
(Q
one
20
21
representative
nominated
l?y
the
employee
organization certified as the representative for the police
employee bargaining unit under Article V.
(4) The following [7]
§.
trustees must be appointed by the
Executive and confirmed by the Council:
(A) [One active County employee who is a member of an
employee organization certified under Article V, and
who is a vested member of the retirement system, or an
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23
24
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27
F:ILAWIBILLSI\031 BIT - MerobershiplBiII lDoc
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Bill 31-10
28
individual recommended by the employee organization
certified under Article V.
The employee organization
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31
may recommend 3 to 5 individuals for the respective
trustee position.
Before appointing this trustee, the
32
33
34
35
Executive must consider, and should select from, the
individuals recommended by the employee organization.
The Executive must notify the Council when appointing
an individual not recommended by an employee
organization. A 3-year term for this trustee ends on
March 1 of every third year after each trustee is
confirmed by the CounciL Any trustee appointed under
this subparagraph must not vote on any matter involving
the County deferred compensation plan.]
An active County employee who is a vested member of
the retirement system and the Merit System, and not a
member of a collective bargaining unit. A 3-year term
for this trustee ends on March 1 of every third year after
the trustee is confirmed by the CounciL
[(C)]
Qll
A retired County employee who is a member of
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the retirement system. Before appointing this trustee, the
Executive must consider, and should select from, a list of
3 to 5 individuals recommended by the Montgomery
County Retired Employees' Association. The Executive
must notify the Council when nominating an individual
not recommended by the Association. A 3-year term for
this trustee ends on March 1 of every third year after the
trustee is confirmed by the Council.
F:\LA W\BILLS\I 031 BIT - Membership\BiU IDoc
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Bill 31-10
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[(D)](Q
Two persons recommended by the Council who
are knowledgeable in pensions, investments, or financial
matters. A 3-year term for these trustees ends on March
1 of every third year after each trustee is confirmed by
the CounciL
[(E)](ill
Two individuals knowledgeable
in penSIOns,
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investments, or financial matters. Before nominating
these trustees, the Executive must consider, and should
select from, individuals recommended by citizens or
countywide
citizens'
groups.
An
individual
recommended by a citizens' group need not be a member
of the group. The Executive must notify the Council
when nominating an individual not recommended by a
citizens' group. A 3-year term for these trustees ends on
March 1 of every third year after each trustee is
confirmed by the Council.
[(4)]
ill
A trustee appointed under paragraph (3) continues to
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serve after the trustee's term ends until the Council confirms a
successor, but the term for each position is not affected by any
holdover. A trustee who, after appointment and before the end
of a term, is no longer qualified for the trustee's position is
removed from the Board by operation of law.
[(5)]
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78
®
The Executive must not appoint as a trustee any person
who furnishes, or is employed by a firm that furnishes, to
pension funds and other institutional investors the kind of
investment services purchased by the Board.
79
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*
*
*
F:\LA W\BILLS\] 03] BIT - Membership\Bill l.Doc
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LEGISLATIVE REQUEST REPORT
Bill 31-10
Personnel
-
Retirement
-
Board ofInvestment Trustees
DESCRIPTION:
The requested legislation revises the composition of the Board of
Investment Trustees by providing that the representative of the police
bargaining unit serve on the Board indefinitely rather
than
for a fixed term.
The recently negotiated collective bargaining agreement between the
Fraternal Order of Police and the County provides that the police bargaining
unit representative appointed by the County Executive to the Board of
Investment Trustees serve indefinitely while remaining the designee of the
FOP.
PROBLEM:
GOALS AND
OBJECTIVES:
To implement a provision of the collective bargaining agreement with the
FOP.
COORDINATION:
Office of Human Resources
FISCAL IMPACT:
Office of Management and Budget
ECONOMIC
IMPACT:
EVALUATION:
fiscal impact statement to
be
provided at a later date
nla
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OFFICE OF THE COUNTY EXECUTIVE
Isiah Leggett
County Executive
ROCKVILLE, MARYLAND 20850
MEMORANDUM
April 19, 2010
,/
TO:
Nancy Floreen, President
Montgomery County Council
Isiah Leggett, Comty Executive
,
FROM:
SUBJECT:
~~
")
~
Bill to Amend the Composition of the Board of Investment Trustees
I am attaching for Council introduction a Bill which would amend the law
regarding the composition of the Board of Investment Trustees by providing that the police
bargaining unit representative appointed by the County Executive tothe Board of Investment
Trustees, subject to County Council confirmatiov, serve indefinitely while remaining the designee
of the certified employee organization rather than for a fixed term. This legislation does not
change the size of the Board of Investment Trustees and places the representative of the police
bargaining unit in parity with the representatives of the Office, Professional, and Technical
(OPT), and the Service, Labor and Trades (SLT) bargaining units and the fire and rescue
employee bargaining unit who serve on the Board indefinitely. This bill results from an
agreement with the Fraternal Order of Police Montgomery County Lodge #35, Inc. during recent
collective bargaining. A fiscal impact statement will be provided to the Council at a later date.
Attachments
IL: sw
N
-<
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056543
OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County Executive
Joseph
F.
Beach
Director
MEMORANDUM
May
3,2010
::"'
...
-<
I
-;,....
-.;
TO:
FROM:
SUBJECT:
Nancy Floreen, President, County Council
Joseph F. Beach, Director, Office ofManag
Council Bill
31-10,
Personnel- Retiremen
Board of Investment Trustees
t,.,";
.-
-F?
N
0-
'
"
c:
-1
_
'
..
z
-<
The purpose ofthis memorandum is to transmit a fiscal impact statement to the Council
on the subject legislation.
LEGISLATION SUMMARY
The proposed legislation, resulting from a collective bargaining agreement with the
Fraternal Order ofPolice, Montgomery County Lodge #35, Inc designates a representative ofthe FOP
bargaining unit as an ex officio member ofthe Board of Investment Trustees (BIT). This trustee may not
vote on any matter involving the County deferred compensation plan.
FISCAL AND ECONOMIC SUMMARY
There is no fiscal or economic impact due to the proposed legislation.
It
simply changes
the term ofthe FOP representative on the BIT from fixed to unlimited. Linda Herman, Board of
Investment Trustees, Michael Coveyou, Department of Finance, and Lori O'Brien, Office of Management
and Budget contributed to and concurred with this analysis.
JFB:lob
c:
Kathleen Boucher, Assistant Chief Administrative Officer
Dee Gonzalez, Offices ofthe County Executive
Linda Herman, Board ofInvestment Trustees
Joseph Adler, Office of Hwnan Resources
Michael Coveyou, Department of Finance
Stuart Weisberg, Office of Hwnan Resources
John Cuff, Office of Management and Budget
Office of the Director
101 Monroe Street, 14th Floor' Rockville, Maryland 20850 • 240-777-2800
www.montgomerycountymd,gov
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Resolution No.: 16-l326
Introduced:
May 4, 2010
May 4,2010
Adopted:
----------------­
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Management and Fiscal Policy Committee
SUBJECT:
Collective Bargaining Agreement with Fraternal Order of Police
Background
1.
Section 510 of the County Charter requires the County Council to provide by law for
collective bargaining with binding arbitration with an authorized representative of the
County police officers.
Chapter 33, Article V of the County Code implements Section 510 of the Charter and
provides for collective bargaining with representatives of certain police officers and for
review of the resulting agreement by the County Council.
The County Executive and the Fraternal Order of Police (FOP) have agreed to extend
their agreement scheduled to expire on June 30, 2010 until June 30, 2011 with
amendments. Those amendments are attached to this Resolution.
The County Executive has submitted to the County Council the terms and conditions of
the collective bargaining agreement that require or may require an appropriation of funds
or changes in any County law or regulation.
The Management and Fiscal Policy Committee considered the agreement at worksessions
on April 19 and April 29, 2010, and recommended rejection of certain provisions and
approval of all other terms and conditions.
The County Council has considered these terms and conditions and is required by law to
indicate on or before May 15 its intention regarding the appropriation of funds or any
legislation or regulations required to implement the agreement.
2.
3.
4.
5.
6.
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Page 2
Action
Resolution No.: 16-1326
The County Council for Montgomery County, Maryland approves the following
resolution:
The County Council intends to reject funding and disapprove the following
amendments:
1.
The continuation of the imputed General Wage Adjustment beyond the
calculation of regular earnings for FYlO. The Council intends to enact Expedited
Bil116-10 as introduced.
3.5% service increments for bargaining
unit
members.
Creation of a new expert skill level for multi-lingual skill pay for bargaining unit
members.
Additional compensation for bargaining unit members assigned to a Police
Aviation Unit.
Tuition assistance for bargaining unit members.
2.
3.
4.
5.
The Council intends to approve the amendment to law that would change the 3­
year term for the member of the Board of Investment Trustees designated by the FOP to
an indefinite term of office until replaced by the FOP.
This is a correct copy of Council action.
Linda M. Lauer, Clerk of the Council
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Attachment to Resolution No.: 16-1326
MEMORANDUM OF AGREEMENT
BETWEEN
THE MONTGOMERY COUNTY GOVERNMENT
AND
FRATERNAL ORDER OF POLICE
MONTGOMERY COUNTY LODGE 35, INC.
As a result of the arbitration award for the re-opener negotiations as set forth in Article
31 (F)
of
the collective bargaining agreement, the parties amend the collective bargaining agreement
as
follows: .
.
Article 5. Tech Pay
Section
C.
Multilingual
Pay
Differential.
*
*
*
1. Skill Levels.
The Parties agree to establish a pay differential for officers whose job requires
the occasional use of multi! ingual skills or signing. Affected officers will be afforded an
opportunity to qualify for the multilingual pay differentiaL Basic Skills.
Basic skills. are defined as those skills primarily required for signing or oral
communication and comprehension such as those used in conversation with clients and
citizens.
Advanced Multilingual Skills. Advanced skills are defined as those skills required for
written communication and comprehension in a second language, in addition to skills in
oral
commu~ication
and comprehension.
Expert Multilingual Skills For Interrogations and Investigations. Mastery both
basic and advanced skills necessary for comprehensive use in interrogations,
investigations and legal proceedings.
Test Administrators: Employees who are selected by the County to administer basic skills
and advanced multilingual skills performance examinations.
of
3. Compensation.
Compensation determined by the officer's certified language skill level.
Compensation
is
paid for all hours actually worked during the pay period. Officers
certified at the basic skill level will receive one dollar per hour for all hours acrual1y
worked. Officers certified at the advanced skill level will receive two dollars per hour for
all hours actually worked. Officers certified at the expert skill level for interrogations
and investigations
will
receive three dollars per hour for all hours actually worked.
Certified officers
will
indicate on their time sheets the multilingual skill code
MLI
for
Basic Skill certification, and
ML2
for Advanced Skill certification and
ML3
for
Advanced skill for interrogations and investigations.
is
* *
*
Article
17
Disability Leave and Injury on the Job
* * *
Pa!2:e 1 of7
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Section E. Claim Form.
Whenever an injury on the job is reported,
Employee Claim Forni,
*
*'
*
Form
el,
Appendix E Cor
its
successor) shaH be attached
to
the departmental form (presently the
Supervisors Incident Investigation Report
form),
and provided
to
the employee. Employees are
HOt
required
to
sign or attest
to
the
SIJR fOrm
(or
its successor). Whenever an injury on the job is
reported, a copy of this section shaH be attached to the departmental form (currently the
Supervisor's Incident Investigation Form), and then provided to the employee. Employees are
not required to sign or attest to the SIIR form (or its successor).
Notice to Injured Employee
A report ofinjury to your supervisor or the Employer is not a claimfor Workers' Compensation
benefits or notice ofinjury to the Workers' Compensation Commission. The Workers'
Compensation claim form, ('WCC Form C-J" is required in order to submit your claim to the
Commission and may befound at the Maryland Workers' Compensation Commission Website
http://www.wcc.state.md.usIWFMSICl_WebForms.html Please carefully follow all instructions
provided on that site.
[Delete Appendix E]
wee
*'
*
Article 19 Sick Leave
Section
A.
Definition.
Sick leave is earned, paid leave granted to eligible employees for periods of
absence because of personal illness, injury, medical quarantine, medical, dental or optical
examinations and treatments, or any temporary disability caused or contributed to by pregnancy,
miscarriage or childbirth. An employee may also use sick leave for an illness,
injury~
medical
quarantine, medical, dental or optical examinations and treatments in the immediate family,
including a domestic partner, or for the purpose of attending to the immediate family at the time of
birth or adoption of a child, provided the time used is not for a period more than the amount of sick
leave earned in any calendar year. This amount of sick leave limitation does not apply to sick leave
taken pursuant to Article 16
Parental Leave
of this Agreement.
*
Article 21 Compensatory Time
Section A. Limitations on Accrual of Compensatory Time. A bargaining unit employee who has a
compensatory time balance in excess of 80 hours at the end of the leave year may elect to be paid for
the excess hours by the first pay period folIowing March 15 ofthe succeeding year or to carry them
over for one year. 'During Fiscal Year 2011, the County at
its
option may limit the cash out of
excess hours to employees with a compensatory leave balance in excess of 120 hours at the end
of the leave year. The carry-over of excess compensatory time must be reduced by no later than
December 31 of the succeeding leave year. Unused compensatory time granted to implement a
furlough shall be added to the member's compensatory leave balance at the end of the furlough
period and treated as above.
*
*
*
*
* ,.,
Article 24 Insurance Coverage and Premiums
Section
T. Life Insurance
* *
*
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2.
Term Life Insurance.
In the event of a bargaining unit employee's death in the line of
duty, the designated beneficiary, beneficiaries or estate must receive the following
lump sum payments:
a. Immediate advance payment of $25,000 from the basic term life benefit toward
funeral and family living expenses.
b. The basic benefit of term life and accidental death and dismemberment insurance
payable for a bargaining unit mem ber whose death
is
the direct result of an
accidental bodily injury sustained in the performance of County employment
will
be $500,000, or the amount payable under the schedule of such benefits in effect
under current practice, whichever is greater, less any advance paid under
subsection 2.a.
<
'"
*
*
r
Article 36< Wages
'*
* '*
SectionA. Wages.
Effective July 1,2007, the salary schedule shall be increased by adding $3,151 at
Step
D,
Year 1 with increments and promotions for all other steps and pay grades calculated from the
new Step 0, Year 1 basis. Incremerits and longevity shall continue to be calculated as required by
Article 28. The percentage increases upon promotion shall continue (up to the maximum for each
rank) to be: 5% between PO I and PO II; 5% PO II and PO III; 5% between PO III and MPO; 10%
between MPO and Sergeant; and, subject to Section D,
infra,
5% between POC and POI. The four
and one-quarter (4.25) percent wage increase scheduled to take effect in the first full pay period
following July 1,2009 shall be postponed, and shall not be effective during fiscal years 2010 and
2011. Salary based benefits shall not be diminished as a result ofthe postponement, and such
benefits will be calculated as if the postponed wage increase had been
receiv~d
as scheduled.
Section F. Lateral Entry­
*
*
*
1. Eligibility.
There is created a lateral entry program that authorizes a within grade
appointment salary incentive for those Police Officer Candidate applicants who have
eligible prior police/Jaw enforcement experience provided the applicant meets the
below listed program criteria. This agreement ensures that all current bargaining unit
members who would have qualified for this program will
be
compensated
accordingly.
To be considered for eligibility, existing bargaining unit members must have been
employed by the Montgomery County Department of Police no earlier than April II,
1994, and must have been a salaried employee, within one
(1)
or more of the
following listed categories of public safety/policellaw enforcement agencies,
excluding Special Police Officers (SPOs), with powers of arrest and the lawful­
authority to
carry
a firearm during the course of hislher official duties and
employment:
a. A Federal poHce/law enforcement agency
b. A StatelU.S. Territory police/law enforcement agency
c. A County police/law enforcement agency
@
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2010 FOP CBA Reopener MOA
Page 4 of7
d.
e.
f.
g.
A City police/law enforcement agency
A University/coJlege poJice/law enforcement agency
A Military police unit/detachment
A State or County Sheriff's Department [Does not include those employed
exclusively within the arena of corrections or detention]
2. Compensationjor Current Bargaining Unit Members.
The fonnula for providin<g the
special within-grade advancement for eligible bargaining unit members will be based
on one additional 3.5 percent step for each year of qualifying experience, up to a
maximum of 5 years of qualifying experience (5 steps).
The calculation for the special within grade salary advancement for a current eligible
bargaining unit member will be based on the employee's length of eligible prior
police/law enforcement experience, hislher actual employment date with the
Montgomery County Department of Police, and <the effective date of this agreement.
Computations for the special salary adjustment for current bargaining unit employees
will include the period of April 11, 1994 through April 11, 1999, with April 11, 1999
being the designated effective date of this agreement<
Increment steps to recognize prior qualifying experience will only be awarded
in
3.5
percent increments. Partial years of qualifying service will be rounded up or down
for purposes of compensation (service) credit.
The nUmber of annual increment step adjustments received since April 11, 1994 by
an eligible bargaining unit employee, will be deducted from the total number of
special step adjustments the employee would have received had this program been in
effect at the time of hislher appointment.
All salary adjustments are effective April 11, 1999. There will be no retroactive pay
or benefit for any period of time or experience prior to the designated program
effective date.
This program does not provide for the lateral transfer of rank, rights, or seniority. <
3. Responsibilityfor program administration.
The Police Personnel Division
will
be
responsible for the administration of the lateral entry program.
The Police Personnel Division will identify all current bargaining unit members that
have been employed since April 11, 1994, in order to determine eligibility for a
special salary adjustmentbased on qualifying prior policellaw enforcement
expenence.
The Police Personnel Division will be responsible for computing and SUbmitting all
required documentation for the initiation of the special salary adjustment for all
eligible bargaining unit members.
The Police Personnel Division will provide the FOP and all current eligible
bargaining unifmembers with a copy of the compensation tracking form (Form 85A­
See Attached) utilized for the compensation calculation.
4.
Effeeti'le
Date.
This section became effective (on]
April
11, 1999 and expires on
June 30, 2001, unless in
its
sole discretion, the Employer extends it.
Notwithstanding the provisions of Section F, for employees hired during Fiscal
Year 2011, the County at its option may suspend in Fiscal Year 2011 only, the
requirement that within-grade advancement will be based on one additional 3.5
percent step for each year of qualifying experience.
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Article
47
Duration of Contract
This agreement shall become effective on July 1,
~
2009, and terminate on June 30, 2011.
* * *
*
*
*
Article 57 Retirement
Provide that, subject to County Council confirmation, the county executive must appoint to the
Board of Investment Trustees one voting representative designated by the employee
organization certified pursuant to County Code Chapter 33, Article V. This designee must
serve indefinitely while remaining the designee of the certified employee representative.
This provision replaces the existing provision providing for a police bargaining unit
representative to the Board of Investment Trustees.
.
The existing restriction on voting in, matters involving the County's deferred compensation
plan shall remain in effect.
'
Article 59 FMLA
Section A.Integration ofContract Benefits and Conditions with Family Medical Leave Act.
The
parties agree that FMLA benefits and benefits provided by this Agreement will be integrated in
accordance with the fol1owing principles:
1. The inclusion of Family Medical Leave in the Agreement will not expand or diminish other
leave benefits, unless specifically required by FMLA.
2. Paid leave as provided under the Agreement, unless otherwise provided by law, will also
count as FMLA leave if the purpose of such leave is within the definition of FMLA. [eave ..
3. When on leave for an FMLA purpose, an employee will not be required to use any paid leave
balance before using leave without pay.
4. The County shall provide all benefits mandated by FMLA.
* *
*
5. For purposes of this Article, an eligible domestic partner shall be considered the same
as a spouse.
Section B. Definitions.
.
1. Family and Medical Leave.
Family and medica11eave is paid or unpaid leave granted to
eligible employees for the purposes stated in the federal Family and Medical Leave Act of
1993.
2. Eligible Employee.
An eligible employee is an employee who has been employed by the
county for a total of twelve (12) months and who has been in a work status for at least 1040
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6
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hours in the preceding twelve (12) months. An eligible employee must be allowed to use
twelve (12) workweeks per leave year or any combination of annual leave, sick leave,
disability leave, parental leave, and leave without pay for anyone or more of the following
reasons:
3. To care for the employee's newborn or newly adopted child or to care for a foster child
newly placed with the employee;
,
a. To obtain prenatal care for the employee or to arrange for the adoption or foster care
placement of a child with the employee;
.
b. To care for, or arrange care for, any of the following with a serious health condition:
The employee's spouse, domestic partner, minor child, adult child incapable of self
care, or parent;
c. Because of the employee's serious health condition that makes the employee unable
to perform the functions of the employee's position.
4. Leave year.
The leave year begins with the first full payroll period of a calendar year and
ends with the payroll period in which December 31st falls.
5. Workweek.
For FMLA purposes, a workweek consists of the average number of hours which
the employee works in a 'week.
6.
Restricted
Duty.
An employee on disability leave that is designated as FMLA cannot be
required to take a restricted duty work assignment until the employee has exhausted all
FMLA leave.
Section
C.
Integratio
n
,Provisions.
1. Use ofFMLA leave.
a. Leave taken to care for the employee's newborn child or child newly placed for
adoption or foster care:
.
(1)
Shall be taken within
12
months ofthe birth, adoption, or foster care
placement of the child;
(2) May be used on a continuing basis or, with the approval of the employee's
supervisor, may be used on an intennittent or reduced workweek basis;
(3) At the employee's option, may be paid leave of the appropriate type, or
unpaid leave, or any combination ofthe two;
(4) Shall be unpaid leave
if
the employee has exhausted all appropriate paid
leave;
(5) Is subject to a 3D-day advance notice period;
(6) Will not qualify as parental leave under Article 16
Parental Leave
ofthis
Agreement if the leave is taken to care for a newly placed foster child, or if
the employee has exhausted the 720 hours of parental leave provided per 24­
month period under Article 16.
b.
FMLA leave which does not qualify as parental leave under Article 16
Parental
Leave
of this Agreement may not include sick leave beyond the limitations stated in
Article 19
Sick
Leave
§A
Definition.
.
c. FMLA leave taken for medical purposes to care for, or arrange care for, a serious
health condition of the employee's spouse, domestic
partner,
minor child, adult
child incapable of self care, or parent or because of the employee's serious health
condition that makes the employee unable toperfonn the functions of the employee's
position:
'
*
*
'*
NEW
Article 69
Flight
Officers
@
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2010 FOP CBA Reopener MOA
Page 70f7
SectionA. Compensation.
Unit members assigned to the Aviation Unit or who perform as pilots,
co-pilots, flight officer or observer duties aboard aircraft owned, operated or funded by, or
under the control of the County or any County agency, shall be compensated as provided in
this Article.
1.
AU compensation and benefits as provided under this agreement, and
2. A pay differential for all hours worked regardless of flight status:
a. Pilot and Co-Pilot - $3500 per year.
b. Observers and Flight Officers - $1500 per year.
Section B. Benefits.
Unit members, regardless of assignment, who die as a result of or in
connection with an incident involving any aircraft owned, operated or funded by, or under the
control of the County or any County agency, shaH not be excluded from, or their beneficiaries
or estate denied any County provided benefit or insurance payment from the term life
insurance benefits provided at the County's expense.
Section
C.
Impact offlight differentials on other Compensation and Benefits.
For purposes of pay.
and benefits, the differentials created by this Article shall be treated as other differentials
under this Agreement; however, these differentials shall be factored into overtime only for use
of the skill during hours worked in excess of the regular workday or workweek.
Section D. Limitations.
The terms and conditions of this Article shall become effective upon the
parties reaching a final agreement on all other aviation unit mandatory subjects of bargaining
and the initiation of flight operations by the unit.
*
*
*
IN WITNESS WHEREOF, the parties hereto have caused their names to be subscribed
hereto by their duly authorized officers and representatives, this
day of March, 2010.
Fraternal Order of Police, Lodge 35, Inc.
i
Montgomery County Government
Montgome
ounty, Maryia
By:
i/a&---",-,C~--'o-<--_
Walter
E.
Bader
Chief Negotiator
;J(,ourc£
B.
·ztccJ~
I
I
Approved for Form
and
Legal1
County Attorney
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OFFICE OF HUMAN RESOURCES
Isiah Leggett
County Executive
MEMORANDUM
Joseph Adler
Director
June 15,2010
TO:
Nancy Floreen, President
Montgomery County Council
Stuart Weisberg, Labor Relations Advisor
Office of Human Resources
FROM:
...8-'\
Q
\.l..lO.Jl.l
\}.l (\,
"~rIl"'"
n
XJ.J,..JAJ'-J
J
SUBJECT:
Testimony for Public Hearing on Bill 31-10, Board of Investment Trustees­
Membership
Good afternoon Council Members, I am Stuart Weisberg, the Labor Relations
Advisor in the Office of Human Resources, and it is a pleasure for me to appear at this hearing
on behalf of County Executive Isiah Leggett, to express the Executive's support for Bill 31-10,
which would change the composition of the Board of Investment Trustees by providing that the
representative ofthe police bargaining unit serve on the Board with no term limit.
This bill implements the terms of the collective bargaining agreement recently
negotiated by the County and the Fraternal Order of Police (FOP). The bill provides that the
police bargaining unit representative appointed by the County Executive to the Board of
Investment Trustees will serve indefinitely while remaining the designee of the FOP rather than
for a fixed three year term and subject to a two term limit. The legislation does not change the
size ofthe Board of Investment Trustees in that it deletes a Board member with a definite term of
office and creates an additional member with an indefinite term of office. Representatives of
MCGEO and the International Association of Fire Fighters who are appointed by the County
Executive to the Board of Investment Trustees currently serve indefinitely.
Finally, I note that there is a typographical error in the bill in that newly lettered
paragraphs 33-59(b)(4) (E) and (F) should actually be (C) and (D).
Thank: you and I will be pleased to answer any questions you may have.
101 Monroe Street • Rockville, Maryland 20850 • 240-777-5000
www.montgomerycountymd.gov