HomeMy WebLinkAboutResolution 95-169 07/17/1995 JUL 171995 ~
Resolution No. g~-lFa N.C.S.
1 of tho City of Pe~taltlma, California
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6 RESOLUTION APPROVING SALARY AND SUPPLEMENTAL WAGE BENEFITS FOR
7 MANAGEMENT EMPLOYEES IN UNIT 8
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11 WHEREAS, the City Manager, pursuant to Section 28, City
12 of Petaluma City Charter, is required and empowered to make a
13 recommendation to the City Council on matters related to
14 employee's compensation; and,
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I6 WHEREAS, the City Manager has reviewed the attached
17 Exhibit "A" and recommends approval thereof,
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19 NOW, THEREFORE, BE IT RESOLVED that the salary and
20 supplemental wage benefit as specified in the attachment for
21 Management Personnel in this Unit, being in the best interest of
22 the City, be approved and shall become effective July 3, 1995.
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24 BE IT FURTHER RESOLVED that it is the City Council
25 policy that ninety (90) days notice is required by either party
26 (City Council and City Manager) prior to termination of services
27 between said parties.
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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 Approved as to
Council of the City of Petaluma at a (Regular) >tA8~lsttata~atKX$1'r~l~ meeting form
on the 17.t11 day of ........._,Illly.-...---...------............_......, 199.5.... by the
following vote: .
City Attorney
AYES: Shea, .Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: NOR~'~~/'~<r~'%
ATTEST: ......2...-."_..-~-u/-~~-~-----...---------..
City Clerk 6 Mayor
Co~mcil File
CT 1095 Res. No.:9.~1C 1. ~..9 NGS.
CITY OF PETALUMA
COMPENSATION PLAN FOR iJNIT 8
FISCAL YEAR 1995 - 1996
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' T A B L E O F C O N T E N T S
GENERAL
Section 1. Term of Agreement
COMPENSATION
Section 2. Salary
.Section 3. Compensation For Clothing 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
INSURANCE
Section 12. Health Insurance
Section 13. Dental Insurance
Section 14. Life Insurance
Section 15. Long-Term Disability
Section 16. Vision Insurance
Section 17. Other Health and Welfare Payments
LEAVES
Section 18. Vacation
Section 19. Sick Leave
Section 20. Bereavement Leave
Section 21. Holidays
Section 22. Military Leave
Sector, 23. Leave Of Absence Without Pay
Section 24. Jury Leave
Section 25. Administrative Leave
OTHER
Section 26. Family Medical Leave Act
Section 27. Retirement
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GENERAL
Section 1. Term of Agreement
This compensation plan shall be for a one (1) year term for the
Fiscal Year commencing July 3, 1995 through June 30, 1996.
COMPENSATION
Section 2. Sa arv
The City shall adopt the following salary ranges for each of the
employees in the following classifications during the term of
this compensation plan.
SIT 8 EFFECTIVE, JULY 3, 1995
Assistant City Manager $5,936 $7,215
Chief Building Official $4.,401 $5,350
Director of Engineering $5,907 $7,180
Finance Director $5,354 $6,508
Information Services Director $4,977 $6,050
Director of Parks & Recreation $4,982 $6,055
Director of Personnel $4,977 $6,050
Director of Public Works $5,936 $7,215
Fire Chief $5.,914 $7,189
Park & Building Maintenance Superintendent $3,946 $4,797
Planning Director $5,462 $6,639
Police Chief $6,083 $7,394.
Superintendent of Public Works $4,544 $5,523
City Clerk. $3,727 $4,530
City Manager $8,619
Additionally a 2a increase shall be effective January 1, 1996.
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Section 3. Compensation For Clothing Loss
The City Manager is authorized to provide compensation to City
employees for loss or damage to their clothing which 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 At Termination
Employees who terminate employment shall be paid in a lump sum
for all accrued vacation leave earned prior to the effective date
of termination.
Section 5. Sick Leave, Payment Of
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 elect 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 available to the members of this
unit the City's Deferred Compensation Plan.
Section 7. PERS Employer Paid 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's contribution paid to PERS through
Section 414(h)(2) of the Internal Revenue Code pursuant to City
of Petaluma Resolution 90-363. Therefore, for calculation of
base .salary at retirement, the employee shall now have an
increased base salary that will include the 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.
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An employee makes $1,000 per month base salary. Under the prior
contract the employee was not responsible for paying 7% of the
required employee contribution. The City was responsible for
paying 7°s ($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 salary and
the employee's base salary will now be $1070. Of this 7%
(approximately $75.00) will be paid to PERS from the $1070 The
full 7% will be tax exempt and this means the employee will pay
taxes on $995,00.
Section 8. Work During Local Emergency
Members of this Unit who are required to work during a Council
Declared Local Emergency shall be paid at 1 X their hourly rate
for all hours beyond their normal work day.
Section 9. Uniform Allowance
The classifications of Police Chief and Fire Chief ,shall receive
$300.00 per year as a Uniform Allowance in December.
Section 10. Retiree Benefit Payments
RETIRED Employees
An employee with twenty (20) years of -service and'who is age 50
or older and who retires on a service retirement during the term
of this agreement, will be eligible for $95.00 per month
beginning on the retirement date. The payment will decrease in
the amount of $5.00 per year to $0.00 after 20 years if the
retired employee continues in the PEMCHA plan as a retiree..
Should the retired employee not continue in the PEMCHA plan,
he/she will be eligible for the full $100.00. 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.
Section 11. Health/Dental Care Cash Back
An eligible 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..
When the employee has demonstrated such coverage to 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
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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% 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 time of
such cancellation. However, i£ 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 HPR 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% of the City's internally generated
estimated monthly cost of the self-funded dental costs.
Any employee cancelling 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.
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INSURANCE
Section 12. Health Insurance
ACTIVE Employees
Effective August 1, 1994 the City shall initiate the Public
Employees' Medical Health Care Act (PEMCHA) for members of Unit
8. The premium paid by the City toward this program shall be in
the amount of $100.00 per month per employee.
Section 13. Dental Insurance
The City shall provide for a group Delta Dental Insurance Program
for City employee and dependents in this Unit. Additionally, the
City shall contribute toward an Orthodonture plan $1,000 per
child at a 50% co-payment rate. The City shall pay, .during the
period of this Compensation Plan the full premium toward the City
group dental insurance coverage program.
Section 14. Life Insurance
A. The City shall provide for a group term life insurance
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 $25,000 per employee.
B. Management Life Insurance shall be in the amount of one and
one-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.
Section 15 Lone-Term Disability
The City shall provide for a long-term disability plan. The
premium to be paid for by the City.
Section 16. Vision Insurance
The City .shall provide a Vision Plan for employees and
dependents. The premium .shall be paid for by the City.
Section 17. 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.
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LEAVE
Section 18. Vacation
A.1. 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.
A.2. Voluntarv Leave Plan -
Accruals under the Voluntary Leave Plan shall be prorated to
the work week equivalent hours.
Section 19. 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 the employee's attention. The term family
member shall include: spouse, children, parents, spouse's
parents, brothers, sisters or other individuals whose
relationship to the employee is that of a dependent or near
dependent.
B.1. 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.
A.2. Voluntarv Leave Plan
Accruals under the Voluntary Leave Plan shall be prorated to
the work week equivalent hours.
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
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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 and 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 Transfer 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 the
individual to receive the sick leave and the amount donated,
with the following 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.
3. The employee receiving the sick leave transfer must
have zero (0 hours of accrued sick leave., vacation and
CTA leave on the books..
4. Employees may not buy or sell sick leave. Only the
time may be transferred.
5. Employees may not transfer sick leave upon separation
of service.
6. Sick Leave Transfer shall only be allowed between Units
1, 4, 8 and 9.
7. No more than ninety (90) workdays of Sick Leave may be
received by an employee for any one illness or injury.
Section 20. 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, an employee who attends the funeral shall be
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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 may be charged to the
employees' 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 21. Holidays
A. FIXED HOLIDAYS: The City shall observe eleven (11) fixed-
date holidays. These holidays shall be established for the
city's fiscal year as determined by City Council resolution.
B. FLOATING HOLIDAY:. During the Fiscal Year the City will
authorize one (1) "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
31, will be eligible for a "Floating Holiday" during the
course of the Fiscal Year.
C. VOLUNTARY LEAVE PLAN: Holidays taken during the Voluntary
Leave Plan shall be prorated to the work week equivalent
hours under the voluntary leave plan.
Employees on a voluntary Leave for a fixed period will not
be paid for any holidays falling within the fixed leave
period.
Section 22. Military Leave
Military leave shall be arranged in accordance with 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 23. Leave Of Absence Without Pav
A. The City Manager may 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
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an employee on leave to report promptly at its expiration,
or within a reasonable time after notice to return to duty,
shall be cause for discharge.
B. Employees may reduce their work week upon approval of their
Department Head and the City Manager under a Voluntary Leave
Without Pay plan, not to exceed 20% of their annual work
schedule. Medical premiums will continue to be paid by the
city and employee as if working a full schedule.
Section 24. 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 with the City during the period of such service
or while necessarily being present in court as a result of 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 25. Administrative Leave
Members of this Uhit are eligible for administrative leave. Days
may be granted by the City Manager upon written request, not to
exceed ten (10) days per Fiscal Year.
Section 26. Family Medical Leave Act
Pursuant to the Family and Medical 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 during the fiscal year 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 must provide 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 a
health care provider. The employer, at employer expense,, may
require a second opinion on the validity of the certification.
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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. The 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 may be
entitled may be limited to twelve (12) weeks during any Fiscal
Year if such leave is taken because of the birth of a child 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.
OTHER
Section 27. Retirement
The City of Petaluma's retirement plan under the Public
Employees' Retirement System shall consist of the following
items:
Options: Miscellaneous
2% @ 60
1959 Survivors Benefit (Level 1).
One Year Final Compensation.
Unused Sick Leave Credit.
Military Service Credit as Public Service.
Options:_Fire
2% @ 50
1959 Survivors Benefit (Level 3) Section 21382.4), effective
upon contract amendment.
One Year Final Compensation.
Unused Sick Leave Credit.
Military Service Credit as Public Service (Section 20930.3),
effective upon contract amendment.
Post Retirement Survivors Allowance (Sections 21263, 21263.1
and 21263.3.
Options: Police
2% @ 50
1959 Survivors Benefit (Per Unit 6).
One Xear Final Compensation.
Unused Sick Leave Credit.
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