24-1415RESOLUTION NO. 24-1415
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA RATIFYING AND RETROACTIVELY APPROVING
BENEFITS PROVIDED TO POLICE DEPARTMENT EMPLOYEES AND
CITY EMPLOYEES
WHEREAS, in the middle of 2022, the three City employee unions — the Menifee City
Employees' Association General Unit, Special Unit, and Mid -Management Unit — negotiated new
Memorandums of Understanding ("MCEA MOUs") which provided for the full week off between
Christmas 2022 and New Years Day 2023 (which time off would also apply in future years covered
by the MCEA MOUs); and
WHEREAS, the holiday closures in the MCEA MOUs generally mirrored additional days
off that were provided on a one-time basis, without MOU amendments, between Christmas 2021
and New Years Day 2022; and
WHEREAS, the additional holiday closures were provided and negotiated during the
COVID and post-COVID periods, when stress on City staff members was very high, employee
morale was suffering, and the City was experiencing and anticipating more employee retention
problems; and given the low community demand for services during the final week of the year,
the City Manager's Office believed, and the City Council agreed, that this morale -boosting benefit
could be provided with minimal impact to the City's services to the community; and
WHEREAS, to partially offset the additional holidays at the end of the year, the City
employee unions agreed in the MCEA MOUs to forego Columbus Day as a holiday; and
WHEREAS, the MCEA MOUs also provided for a one-time payment of $2,500 per
employee as a stipend, which was provided in lieu of an ongoing salary increase, and in
recognition of the significant cost of living and Consumer Price Index increases during that period;
and
WHEREAS, when the additional holiday and stipend benefits were provided to MCEA
employees, it was understood and expected that similar benefits would be provided to Menifee
Police Department employees; and
WHEREAS, because the Police Department employees were in the middle of their
existing Memorandum of Understanding ("MOU") terms (which run from 2021-2024), additional
holiday time off and a $2,500 stipend for those employees should have been the subject a formal
meet and confer process followed by approval of the arrangement in open session of the City
Council. That process was not followed because the City Manager's Office, at the time,
authorized the additional time off and stipends for Police Department employees under the good
faith and honest, but incorrect, belief that it had the authority to provide those benefits; and
WHEREAS, had the proper procedures been followed, the Police Department employees
would have accepted the additional benefits, and the City Council would have approved the
additional benefits. However, the formal procedural steps "fell through the cracks" and the
benefits were provided without obtaining the necessary approvals. This is partially demonstrated
by the City Council's open session action on December 6, 2023, to extend the holiday closure
benefit to the Menifee Miscellaneous Police Employee Association.
WHEREAS, in addition to receiving the week between Christmas 2022 and New Years
Day 2023 off, the City Manager's Office, at the time, also authorized December 23, 2022 (the
Friday before Christmas) as a holiday for City (non -police) employees; and
WHEREAS, when a holiday such as Christmas Eve falls on a Saturday, the City typically
"recognizes that holiday" on the preceding Friday. But, overlooked by the City Manager's Office,
at the time, the MCEA MOUs provided that the Christmas Eve holiday was "rolled forward" into
the subsequent week in order to facilitate the full week off between Christmas 2022 and New
Years Day 2023. The City Manager's Office at the time overlooked that factor and mistakenly
gave December 23, 2022 as a holiday for City (non -police) employees; and
WHEREAS, individual members of the City Council were aware that City Hall would be
closed on December 23, 2022, and that City (non -police) employees would receive paid time off
for that day; and
WHEREAS, members of the City Council would have approved modifications to the MCEA
MOUs to memorialize that benefit, if that modification had been presented to the City Council for
open session approval. Unfortunately, as a result of good faith errors, the documentation was
not prepared and presented to the City Council for open session approval; and
WHEREAS, each of these errors — additional holidays between Christmas and New Years
Day in 2021-2022 and 2022-2023; stipends to Police Department employees; and City Hall
closure/holiday status for December 23, 2022 (the "Past Actions") — was made in good faith; the
City Manager's Office believed the City Manager had the authorizations) necessary to provide
the benefits, and that its actions were fully consistent with City Council expectations.
Nevertheless, the items should have been brought forward for formal City Council approval; and
WHEREAS, this Resolution and the actions memorialized herein are an appropriate legal
action that takes practical and reasonable steps to address the expenditures associated with the
Past Actions.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council
of the City of Menifee, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The City Council finds and determines that, while erroneous, each of the Past Actions was
the product of reasonable good faith mistakes regarding the scope of the City Manager's
existing authority and good faith errors in judgment.
3. The City Council finds and determines that it would have approved each of the Past
Actions had they been properly presented to the City Council in open session.
4. The City Council finds and determines that the Past Actions did not result in expenditures
that the City Council would not have authorized had they been properly presented to the
City Council in open session.
5. The City Council ratifies and retroactively approves each of the Past Actions.
PASSED AND ADOPTED by the City Council of the City of Menifee, State of California
this 15th day of May 2024.
BiUr66rman, Mayor
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to form:
GAT~
MENIFEE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) sg
CITY OF MENIFEE )
I, Stephanie Roseen, Acting City Clerk of the City of Menifee, do hereby certify that the
foregoing City Council Resolution No. 24-1415 was duly adopted by the City Council of the City
of Menifee at a meeting thereof held on the 15th Day of May 2024 by the following vote:
Ayes:
Deines, Karwin, Sobek, Zimmerman
Noes:
None
Absent:
Estrada
Abstain:
None
YeeanieaRoseen, Acting City Clerk