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HomeMy WebLinkAboutResolution 99-220 N.C.S. 12/06/1999 Resolution No. 99-220 1~.C.S. of the City of Petaluma, California RESOLUTION APPROVING SALARY AND SUPPLEMENTAL WAGE BENEFITS FOR EMPLOYEES IN UNIT 8 (DEPARTMENT HEADS) WHEREAS, the employees in Unit 8 (Department Heads) are not represented by any recognized employee organization; and, WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma City Charter, is required and empowered to make a recommendation to the City Council on matters related to employee's compensation; and . WHEREAS, the City Manager has recommended that employees in Unit 8 receive salary and supplemental wage benefits, NOW, THEREFORE, BE IT RESOLVED that the supplemental wage and benefits as specified in the attachment for employees in this Unit, being in the best interest of the City, be approved and shall become effective upon adoption. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the App fovemd as to Council of the City of Petaluma at a (Regular) Qj~iCl~3ia~il) meeting.: on the ....6th day of ..........D.e.ce.mtzer..........................., i9..;~.9., by the - following vote: Ci y Attorney AYES: Healy, Torliatt, Cader-Thompson,. Maguire, Vice Mayor Keller, Mayor Thompson NOES: None ABSENT: Hamilton - - - ATTEST : City Clerk _ Mayor Council Fil(e1 CA lU~ttS Rcs. No......Z.9.-.2i.G.4........ N.C.S. CITY OF PETALUMA .CALIFORNIA COMPENSATION PLAN FOR UNIT 8 FISCAL YEAR 1999 - 2000 ~~sv ~ ~ - a a-e~ ~ cas .1 TABLE OF CONTENTS GENERAL Section 1. Term of Agreement COMPENSATION Section 2. Salary Section 3. Compensation for~CTothing Loss Section 4. Vacation, Payment, Of Section 5. 'Sick Leave, Payment Of Section 6, Deferred Compensation Section 7. PERS Employer Paid Contribution Section 8. Work During Local Emergency Section 9. Uniform Allowance Section 10. Retiree Benefit Payments Section 11. Health/Dental Care Cash,Back Section 12. Administrative Leave, Payment of .INSURANCE Section 13. Health Insurance Section 14. Dental Insurance Section 15. Life Insurance Section. 16. Long--term Disability Section 17. Vision .Insurance Section 18. Other Health and Welfare Payments LEAVES. Section 19. Vacation .Section 20. Sick Leave Section 21. Bereavement Leave Section.22. Holidays Section -23. Military Leave Section'24. Lease Of Absence Without Pay Section 25. Jury Leave Section 26. Administrative Leave OTHER Section 27. Family Medical Leave Act Section 28. Retirement . 2 GENERAL Section 1. Term ~of Agreement This compensation plan shall be fora one (1) year term for the Fiscal Year commencing July 12, 1999 through June 30, 2000. 3 COMPENSATION Section 2. Salary The salaries listed in below shall be effective July 12, 1999. Effective July 12, 199.9 Police Chief $.7;968 $8,367 $8,785 $9,224 $9,686. Assistant City $7,467 $7,841 $8.,233 $8,645 $9,077 Mana er Community $7;467 $7,841 $8,233 $8,645 $9.,077 Development Director Public Facilities and $.7,467 $7,841 $8,233 $8,645 $9,077 Services Director (Director of Public Works) Water Resources $7,467 $7,841 $8;233 $8,645 $9,077 and Conservation Director (Director of En neerin Fire Chief $7,3.95 $7,765 $8,153 $8,561 $8,989 Finance Director $6,635 $6,967 $7,316 $7;681 $8,065 Plannin Director $6;347 $6;664 $6,997 $7,347 $7,715 . Director of ,$6;333. $6,649 $6;982 $7',331 $7,697 Information Services Director of $6',333' $6,649 $6,982 $7,331 $7,697 Personnel Director of Parks & $6;235 $6,547 $6,875. $7,218 $7,579 Recreation Public Works $5,306 $5,571 - $5,850 $6,142 $6,449. Su erintendent COiJNCIL APPOINTED City Clerk $4741 $4'978. $5.227 $5489 $5763 4 Section 3. Compensation Fore C1otHin~ Loss The City Manager is authorized to provide compensation to City employees for loss or damage to their clothing that occurs during the course of carrying out an official duty. A request for compensation hereunder shall be submitted in writing, in detail, to the City Manager via the department head concerned. The amount of compensation if any, shall be at the discretion of the City Manager. Section 4. Vacation, Payment Employees who ter-urinate employment shall be paid in a.lump sum for all accrued. vacation leave earned prior to the effective date of termination. . B. Vacation Bank Hours, Payment of All banked vacation hours are held in the Personnel Department. These amounts shall be paid to the employee iri the amount of 10% of the banked hours per year over a ten year period at 'the base rate of pay at the. time of payment. Employees leaving City service shall ,lie:paid the balance remaining at separation. This payment shall be made in the month of October or `November. Section ~5. Sick heave, Payment ®f In the event of the death or retirement. of an employee who has. completed ten (10) or more years of continuous service with the City, the employee shall be paid or shall receive to his benefit fifty percent (50%) of his accumulated but unused sick .leave. not to exceed 480 hours. The employee may eleet.not to receive this benefit and instead place all sick leave. hours into the PERS. Sick Leave Conversion. Section "6. Deferred .Compensation.. " The City of Petaluma shall -make mailable to the members of this unit the City's Deferred Compensation Plan, In additian, the City shall. contribute $57,.69 per pay period ($1500 per year) effective. December 27, 199.9 toward°the,D'eferred Compensation 457 or 401(x) Plans on behalf of the member of'ths Unit. 5 A. Discretionary Plan (40l(a)) _ Effective the establishment of a 401(a) Money Purchase Plan, the. City of Petaluma will contribute $50.00 per month or $23.07 per pay period ($600 per year) for members of this Unit to this plan effective December 27, 1999. Section 7. ~PE'RS'EmAloyer P-aid Contribution The percentage of each employee's PERS contribution previously paid by the City prior to the adoption of this Compensation Plan as the Employer Payment of Member Contribution (EPMC) shall instead be paid to the employee who shall then pay that amount to PERS. For purposes of withholding, the City shall defer- that portion of the employee'scontribution paid to PERS through .Section. 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution 90-363. Therefore, for. caieulation of base salary at retirement, the employee shall now have an increased`b~ase~ salary that will include th~e~total -amount of the employee's contribution to PERS previously paid as EPMC. The employee's contribution will be withheld from the employee's pay by the City, and the City will make the employee's payment of the employee contribution directly to PERS on behalf of the employee. The employee may not make an election to take this amount in salary and/or to make the payment to PERS. The tax exemption does not apply to FICA/social security. The following is an example of the application of IRC 414'(h)(2) as applied to a miscellaneous employee. An employee. makes $1,000 per month base salary. Under the prior contract the employee.was not responsible -for paying 7010 of the required employee _ contribution. The City was responsible for paying 7% ($70.00), which was a City responsibility that was in addition to the $1,000 base salary. Under the 414(h)(2) method, the EPMC will revert to sala"ry and the employee's base salary will now be $1.070. Of this 7°Io (approximately $75.00) will be paid to PERS from the $1070. The full 7°1o will be tax exempt and this means the. employee will pay taxes on $995..00. Section 8. Work During LocaL.Emer~enc Members of this Association wh'o are~required to work when called to an activated EOC Local Emergency shall be paid at 'thei'r regular hourly rate for all hours beyond their normal work day: - 6 Section 9. ilniform.Allowanee The classifications of Police Chief and Fire Chief shallreceive $300.00 per year as a Uniform Allowance in December. Section 10. Retiree.. Benefit Payments An employee with twenty (20) years of service and who is age 50 or older and who retirees on a service retirement during the term of this agreement, will be eligible for a service benefit in the amount equal to $100 less the amount contributed directly to the PEMCHA premium by the City. This payment will continue as long as the employee continues in the PEMCHA. plan as a retiree. Should the retired employee not. continue in the PEMCHA plan, that retired employee will be eligible for an amount of $1.00. as a direct payment as a retiree service benefit. It is the responsibility of the retiree to notify the City in writing that he/she is not being covered by the PEMCHA plan and the City will . commence payment. of the $100.00 at the beginning of the month following the receipt of written notice by the retiree 2. For employees- retiring after September 1, 1997 and who meet the service requirements listed in paragraph 1 above, those employees shall receive an additional, $20 per month as a retiree service benefit. Should th`e retired employee not continue in'the PEMCHA. plan, that retired employee will be eligible for an amount of $120 as a direct payment as a retiree service benefit. It is the responsibility of the retiree to notify the City in writing that he/she is not being covered by the PEMCHA plan and the City will commence payment of the $120.00 at the beginning of themonth following the receipt of written notice by the retiree. Section 11. 1IealthEDental Care Cash Back An elig~ible:employee may request cancellation of the employee's City paid medical and/or dental :insurance coverage under Section 125 of the. IRS Tax Codes upon. presentation to the City of satisfactory proof that he/she has medical and/or dental insurance coverage from another source. Such a request may be made during the open enrollment for PEMCHA medical elections but Will be, in all cases., subject to the terms and conditions and cancellation requirements of the particular plan. 7 When the employee has demonstrated. such coverage fo the City's satisfaction, the City will request. cancellation of the employee's medical and/or dental coverage, subject to the terms and conditions of the particular policy. Upon actual cancellation of the employees' medical coverage, and commencing on the date of cancellation of such policy; the City will instead pay to the eligible employee, on a monthly basis, an amount equal to.50°Io of'the "equivalent monthly cost", as defined herein, of insurance coverage of said employee. In determining the "equivalent monthly cost" of such coverage, the City shall calculate the monthly premium amount which would be paid by the City,on :the employee's behalf under the Health Plan of the Redwoods plan, based on the employee's coverage level (e.g. self, self plus spouse, self plus spouse plus children) at the tune of such cancellation. However, if the actual. monthly cost ~of the employee's curent plan coverage is less than•the monthly'HPR cost, then the lower figure shall be used. In the event coverage is cancelled only for the employee's spouse or dependent children, the reimbursement will be 50% of the cost difference between the old and new levels of coverage (as calculated using the HI'R plan). Upon such cancellation of the employee's dental coverage, the City will instead pay to the eligible employee, on a monthly basis., an amount equal to 50°Io of the City's fixed monthly payroll charge forthis program. Any employee canceling coverage will be required to meet all rules and conditions of the particular plan, including, but not limited to, all rules and conditions governing administration; cancellation, and re=enrollment eligibility by requesting a cash payment,pursuant to this section, such employee understands and agrees as a condition of receipt of this payment, that re-enrollment eligibility into any plan is not guaranteed. Section 12: Pay for Unused. Administrative heave The City shall pay off any unused Administrative Leave as of June 30th-to a maximum of 40 hours. Payment shall be at the employee''s base pay rate as of June 30th: This payment shall be made on the .last pay-period for the Fiscal Year. 8 INSLTRANCB Section 13. Health Insurance 1. ACTIVE. Employees The City shall participate in the Public Employees' 1Vledical Health. Care Act (PEMCHA) for members of this Unit. The designated premium paid by the City toward-this program shall be in'the amount of $100.00 per month per employee. 2. RETIRED Employees Employees who retire from the City of Petaluma will receive contributions to their medical premium while under the PElVICIIA .plan. Thispayment will increase in the amount of $5.00 per year until it reached the amount of $100.00 as listed in - paragraph 1 above. Section 14. Dental. Program The City shall provide for a group Delta Dental Program. for City employee and dependents in this Unit. Additionally, the City shall contribute toward an Orfhodonture plan $:1,000 per child at a SOoIo co-payment rate. The City shall pay,. during the period of-this Compensation Plan the full cost toward the City group dental coverage program. - Section 15. Life Insurance A. The City shall provide for a group term life program for City employees in this Unit. The City shall. pay, during the course of`the Compensation Plan, the insurance premium towards employee only coverage for such insurance in the principle: sum of $50,000 per employee. This amount shall be effective January 1, - 2000'. - B. 1Vlanagement'Life Insurance shall begin the amount of one andone-half(1- 1/2) times their annual salary rounded to the nearest even dollar, i.e., $12,000, $13,000., etc. not to exceed $125,000. 9 Section 16. I.on~-term Disability The City shall providefor a long-term disability plan. The premium to be paid for by the City. Section 17. Vision Program The City shall provide a Vision Plan for employees and dependents. Premium increases shall be paid by the City. Section 18'. Other Health. and Welfare Payments The City shall provide to the active members of Unit 8 additional monthly health.. and welfare payments equal the PEMCHA Health Plan of the Redwoods premium amounts less $100.00. 10 LEAVES Section .19. Vacation A. Amounts. All regular employees of the City of Petaluma, after working one full year are entitled to the equivalent of eighty (80) hours of vacation with pay in the year following the year in which Vacation is earned. All regular employees of the City of Petaluma; after five (5) years of continuous service with the City, and beginning. with the sixth year, shall be entitled to the equivalent of one hundred twenty (120) hours of vacation per year. After ten (10) years of continuous service with the City, eight (8) hours of vacation shall be added for each year of continuous service to a maximum of two hundred (200) hours of vacation. B. Scheduling. The times during a calendar;year in which an employee may take his/her vacation shall be determined by the department head with due respect for the wishes of the employee and particular regard for the needs of the service. If the requirements of the service are such. that an employee cannot take part or all of his/her annual vacation in a particular calendar year, such vacation shall be taken during the .following calendar year. , Banked Hours.Hours that are banked under Section "Vacation, Payment of may lie used upon submittal of a memo to the Personnel Department for Vacation purposes. These hours shall be deducted from the existing bank. C. Vacation Adjustment. Employees who are granted time off for scheduled holidays shall not have such holidayscharged as vacation leave when . the vacation leave and holiday(s) coincide. D. Accrual Limits Vacation accruals sha116e capped at three (3) times - the amount listed in paragraphs A. Section 20. Sick Leave A. General Sick -leave. with.pay shall be granted to all employees as set forth in this section. Sick leave is not a right which an employee may use at his discretion,-but rather, shall be used only in cases. of personal illness, disability or the serious-.illness or injury of an employee's family member which requires th'e employee's attention. The term family member shall include: spouse, children,. parents, spouse's parents, 11 brothers, sisters or other individuals whose~~relationship to the employee is that of a dependent or`near dependent. B. Accrual Sick leave shall accrue to all full-time employees at the rate of eight (8) hours for each month. of,continuous service. No employee shall accumulate more sick leave in any year than provided. C. Relationship To Workers' Compensation Benefits shall ~be payable. in situations where miscellaneous employee's absence is due to industrial injury as provided in California State Workers' . Compensation Law. During the first three (3) work days when the employee's absence from work has been occasioned by injury suffered during his/her employment and he/she receives Workers' Compensation, he/she shall receive full. pay. Following this period, sick leave may be a supplement to the Workers' Compensation benefits. provided the employee. Compensation is at his/her regular~rate for a period.not to exceed six months, or until sick leave is exhausted, or the disability is abrogated,. or that employee is certified "permanent acid stationary" by a competent medical authority. The "City shall pay him/her the regular salary, based on the combination of the Workers' Compensation benefit plus sick leave. All public safety employees receiving full. salaries in lieu of temporary disability payments pursuant to Section 4850 of the Labor Code are entitled to accumulate sick leave during such periods of sick Leave. Sick leave for industrial injury shall not be allowed for a disability resulting from sickness, self-inflicted injury or willful misconduct. The City may retire any employee prior to the exhaustion of accumulated sick leave, at which time all accrued but unused sick leave shall'be abrogated, ~ subject only to the limitations provided under this Memorandum of Understanding. D. Sick Leave 'Y'ransfer,Policy An employee wishing. to donate hours: of sick leave, to another employee may do so by sending a written request, approved by his/her department head, to the Personnel Office naming th`e individual ~to receive the sick leave and the amount donated, with the. followi-rig, restrictions: 1. Employees who 'wish to transfer sick leave must retain a minimum of one hundred-sixty (160.) hours: of sick leave to be eligible to transfer sick leave. 2. All such transfers of sick leave are irrevocable. 12 3. The employee receiving the sick lease transfer must have zero (0) hours of accrued sick- leave, vacation and CTA 1`eave on the books. 4. Employees may not buy or sell sick. leave. Only the time maybe transferred. 5. Employees may not transfer sick leave upon separation of service: 6: Sick Leave Transfer shall be allowed between all Units. 7. No more than ninety (90) workdays of Sick Leave may be received by an employee for any one illness or injury. Section 21. Bereavement Leave In the event of the death of an employee's spouse, mother, step-mother, mother-in-law, father, -step-father,,father-in-law, brother, sister, child, including an adopted child, grandchild and grandparent, or domestic partner as registered with the Human. Resources Department, an employee who .attends the funeral shall be granted time off work with pay. The amount of time off work with pay shall be only`that which is required to attend the funeral and make necessary funeral arrangements, but in no event: shall it exceed three (3) working days. These three (3) days. shall not be chargeable to sick leave. An .additional two (2) days required for necessary funeral arrangements maybe charged to the. employee's sick leave and any additional time beyond these two days may be charged to accumulated- vacation or leave without pay. Such bereavement leave shall not be accruable from fiscal year to fiscal year, nor shall it have any monetary value if unused. Section 22. I~olidays A. Fixed >Folidays: The City shall observe twelve (12) fixed-date holidays. These holidays shall be established for the City's fiscal year as determined by City Council resolution The Holidays .for FY .99/00 are as follows: Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Eve 13 Christmas. Day New Year's Day Martin Luther King Day Presidents' Day Memorial Day B. Floating Holidays. During the Fiscal Year the City will authorize one (l) "Floating Holiday" per employee, which may be taken by the employee at, a .time selected by the employee, subject to operational requirements and approval determined by the City. Employees hired between July 1, and December 3 L, will be eligible fora "Floating Holiday" during the course of the Fiscal Year. Section 23. 1Vlilitary Leave Military leave shall be arranged in accordance~wth the provisions of State Law. All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. Section 24. Leave Of Absence Without Pay The City Manager m'ay grant a;regular or probationary employee leave of absence without pay pursuant. to the State and Federal Law.. Good cause being shown by a written request, the City Manager may extend the leave of absence without pay or seniority or benefits_for an additional period not to exceed six (6) months. No such leave shall be granted except upon written request of the employee setting forth the reason for the request, and the approval will be in writing. Upon expiration. of a regularly approved leave or within a reasonable period of time _ after notice to return to duty, the employee shall be reinstated in the position held at the time. leave was granted. Failure on the part of an employee on leave to report p"rgmptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause-for discharge.. Section 25. Jury Leave Every classified employee of the City who is called or required to serve as a trial _ juror shall be entitled to absent himself from his duties w-i h the City during the period of such service or while necessarily being present in court as a result of 14 such call. Under such circumstances, the employee shall be paid the difference between his full salary and any payment received by him, except travel pay, for such duty. This, compensation shall not extend beyond twenty (20) working days. Section 26 Administrative Leave Members of this Unit are eligible for administrative leave. Days may be granted by the City Manager upon written request, not to exceed eighty (80) hours-per Fiscal Year. Section 27. Family Medical Leave Act Pursuant to the Family and 1Vledcal Leave Act of 1993, FMLA leave may be granted to an employee who has been employed for at least twelve (12) months by the City and who has provided at least 1,250 hours of service during the twelve (12) months before the leave is requested. The leave may be granted up to a total of twelve (12) weeks for the following reasons: A. Because of the birth of a child or placement for adoption or foster care of a child: B. In order to care for the spouse;. son,. daughter, parent, or one who stood in place of a parent of the employee, if such spouse,. son, daughter, parent, or " in loco parentis" has a serious health condition; C. Because of a serious health condition that makes the employee unable to perform his employment functions. The employee mustprovide the employer with thirty- (30) days advance notice of the leave, or such notice. as is practicable, if thirty (30 days.. notice is not possible. The .employee must provide the employer with. certification of the condition from ahealth.care provider. The employer, at employer expense, may require a second opinion on the validity of the certification. Should a conflict arise between health providers, a third and binding opinion, at employer expense will be sought. An employee seeking FMLA leave must first use. paid sick time (if applicable) and vacation. before going on unpaid leave. Thee total amount of family leave paid and unpaid will not exceed a total of twelve (12) weeks. In any case in which a husband and wife entitled to family leave are both. employed by the employer, the aggregate number of workweeks of leave to which both maybe entitled may be limited to twelve (12) weeks if such leave is taken because of the birth of a child 15 or placement for adoption or foster care of a child. The. employee will be responsible for his. share of .the health insurance cost during. the leave. If the employee does.not.return from the leave, he is responsible for the total insurance premium paid by the employer. 16 OTHER Section 28. Retirement The City of Petaluma's retirement plan under the Public Employees' .Retirement System shall consist of the following items: Options: Miscellaneous 2%@55 , 1959 Survivors Benefit (Level 3). . One Year Final Compensation. Unused Sick Leave Credit. Military Service Credit as Public Service. Options:_Fire 2% @ 50 1959 Survivors Benefit (Level 4) Section 213'82.4. One Year Final Compensation. Unused Sick Leave Credit. Military Service Credit as Public Service (Section 20930.3). Post. Retirement Survivors Allowance (Sections 21263, 21263.1 and 21263.3). Options: Police 2% @ 50 1959 Survivors Benefit (Leve14). One Year Final Compensation. Unused Sick Leave Credit. 17 ~~esa . 4a - a a 0 ~ GS