June 15, 2004
SUBJECT: Adoption of the Joint Powers Agreement for the Bay Area Employee Relations Services for Services and Information Related to Compensation, Classification and Labor Relations
REPORT IN BRIEF
The City of Sunnyvale has been a member of the Employee Relations Service consortium since 1979. Periodically, the Joint Powers Agreement is updated and revised as necessary. This report recommends adoption of the updated Joint Powers Agreement for the Bay Area Employee Relations Service.
BACKGROUND
Since 1974, Employee Relations Service (ERS) has provided information to member agencies of a consortium that operates under a Joint Powers Agreement for Intergovernmental Employee Relations Services. Members use data that ERS provides to analyze and to determine salaries, benefits, and related policies that affect both represented and unrepresented employees. Typically, this information is applied in internal organization processes such as labor negotiations, periodic compensation studies, and position/classification reviews.
DISCUSSION
The Joint Powers Agreement is being updated principally to adapt to changes in services and delivery methods that have occurred since it was last modified in 1987. At that time, the core service consisted of providing data in the form of summaries of bargaining agreements, salaries, and benefits. These summaries, called the “Annual Compensation Survey” and “Executive Management Survey”, were distributed as printed documents that were mailed to the membership.
The revised Agreement acknowledges BAERS’ responsibility for maintaining and enhancing the structure and content necessary for an Internet web site that now serves as a significant vehicle for sharing compensations and related information among members. The structure consists of the database, computers, software, and web pages necessary for storing, updating, processing, and displaying the content on the site. The data content on the site currently covers 54 member and non-member agencies, and summarizes memoranda of understanding and benefits for over 260 collective bargaining units. It also includes approximately 3,600 “total compensation” records that can be used to generate on-line surveys in 40 occupational categories. As new data becomes available, BAERS staff updates the site thereby making it continuously available to members from any location with an Internet connection and compatible browser.
Compared to the current agreement, the revised version contains few changes to existing working relationships and structure. This version continues the relationship in which the County of Santa Clara serves as the host agency and functions as the employer for BAERS staff. BAERS is not intended to operate as a separate entity with its own employees.
The Agreement continues to vest policy control in a Board comprised of one representative from each of the 41 member agencies. Under the revised agreement, the Board can now authorize the release of web site information for sale to non-member agencies with the understanding that the liability provisions of the agreement protect the consortium and its members. A management committee would continue to analyze issues and make policy, budget and fee recommendations to the Board. With the revised Agreement, it would also have a more defined role in respect to its participation in the selection and evaluation of the organization’s director.
Under the revised agreement, a member of BAERS may not withdraw for a one-year period commencing with the effective date of its participation in BAERS. Following this commitment to BAERS, members may, as has been the policy, withdraw at the end of the fiscal year, provided it has given written notice.
The following summarizes some of the items that may be of general interest.
The name of the consortium is formally changed to Bay Area Employee Relations Service (BAERS).
Article 9 (Management Committee) was modified to require that the composition of this seven-person group include one representative from the County.
Article 18 (Liability) now contains language to clarify that the County is not liable for the use of information by other parties to the Agreement. (Similar language applicable to other members had already been included).
The paragraph addressing confidentiality in Article 16 now provides guidance in the event that a California Public Records Act request is received.
Article 25 (Amendment) was modified to require that all but one section of the Agreement could be modified by a two-thirds vote of the full membership (as opposed to a simple majority). The requirement for the three-fourths vote in respect to by-laws remains unchanged.
The ability of staff to be able to access classification and compensation information at any time, and from one source contributes to the efficiency and timeliness of operations, including staff’s ability to research and analyze data and to respond to internal requests for information.
FISCAL IMPACT
The adoption of the Joint Powers Agreement has no fiscal impact; however, there is an annual fee for membership. The annual membership fee was $14,163 for Fiscal Year 2003-2004, and is projected at $14,105 for Fiscal Year 2004-2005. The cost of membership has been included in the budget proposed for the Department of Human Resources.
PUBLIC CONTACT
Public contact was made through posting of the Council agenda on the City's official notice bulletin board, posting of the agenda and report on the City's web page, and the availability of the report in the Library and the City Clerk's Office.
ALTERNATIVES
1. Adopt the Joint Powers Agreement for the Bay Area Employee Relations Service.
2. Do not adopt the Joint Powers Agreement for the Bay Area Employee Relations Service.
RECOMMENDATION
Staff recommends adoption of Alternative No. 1; Adopt the Joint Powers Agreement for the Bay Area Employee Relations Service.
Prepared by:
Tammy Parkhurst
Senior Management Analyst
Reviewed by:
Mark Gregersen
Director, Human Resources
Approved by:
Amy Chan
City Manager
Attachments
A. Joint Powers Agreement for the Bay Area Employee Relations Service