HomeMy WebLinkAboutResolution 94-167 07/05/1994I
~~S®IUt10C1 N®. 94-167 N.C.~.
i of the City of Petaluma, California
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8 RESOLUTION APPROVING SALARY AND SUPPLEMENTAL WAGE BENEFITS FOR
9 EMPLOYEES IAi UNIT 5 (CLERICAL)
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13 WHEREAS, the employees in Unit 5 are not represented by
1,4 any recognized employee organization; and,
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16 WHEREAS, the City Manager, pursuant to Section 28, City
17 of Petaluma City Charter, is required and empowered to make a
18 recommendation to the City Council on matters related to
19 employee's compensation; and,
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21 WHEREAS, the City Manager has recommended that
22 employees in Unit 5 receive salary and supplemental wage
23 benefits,
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25 NOW, THEREFORE, BE IT RESOLVED that the supplemental
26 wage benefit as specified in the attachments for employees in
27 this Unit, being in the best interest of the City, be approved
28 and shall become effective July 4, 1994.
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 A roved as to
Council of the City of Petaluma at a (Regular) a~.ic~3ffin~~k~t~ci~l) meeting,„,.-, ~. °~
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on the ..~1=11 ................. day of _.......~ILlL~1.........................................., 199.~...,!by the
following vote:
,. City ttorney
AYES: Parkerson, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT: Hamilton, B s
ATTEST : ... .. ............. .-•--•------.-...-....----...-L~ (-~ ~ :..............
>< y Clerk Mayor
Caoimcil File ....................................
CA 10-85 Res. No.9..4.-16.7 ............. N.C.S.
CITY OF PETALUMA
COMPENSATION PLAN FOR UNIT 5
FISCAL YEAR 1994 - 1995
TABLE OF CONTENTS
GENERAL
Section 1. Term of Agreement
. COMPENSATION
Section. 2. Salary
Section 3. Retirement Contribution
Section 4. Overtime
Section 5. Compensation for Clothing Loss
Section 6. ~ Vacation, Payment of
Section 7. Siek Leave, Payment at Retirement.
Section 8. Deferred Compensation
Section 9• Retiree Benefit Payments
INSURANCE
Section 10. Health Insurance
Section 11. Dental .Insurance
Section 12. Life Insurance
Section 13. Long-Term 'Disability
Section 1-4. Vision Insurance
Section 15. Other Health & Welfare Payment
LEAVES
Section 16. Vacation
Section 17. Sick Leave
Section 18. Bereavement Leave
Section T9. Holidays
Section 20. Military Leave
Section 21. Le,ave'of Absences Without Pay
Section 22. Jury Leave
Section 23. Compensatory-Time Off
OTHER
Section 24. Retirement
Section 25. Grievance Procedure
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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 4, 1994
through June 30, 1995 .
COMPENSATION
Sectioa ,2. Salarv
The City shall adopt the following ;salary ranges for each of the employees in the following
classifications during the term of this compensation plan.
UNIT 5 I II III 1V V
Accounting Assistant .I $10.86 $11..4:0 $11.97 $12.57 $13.20
Accounting Assistant II $-12.95 $13.60 $14...28 $15.02 $15.77
Administrative Secretary $13.87 $14.56 $15.29 $T6.06 $16.86
Mail Services Assistant. $ 9.17 $ 9.6..3 $10.11 $10.61 $11.15
Office Assistant I - $ 9.17 $ 9.63- $10.11 $10.61 $11.15
Office Assistant II $11.13 $11.69 $:.12.28 $12.89 $13.53
Police Records Assistant I $ 9.17 $. 9.63 $10.11 $10.61 $1.1.15
Police. Records Assistant II $11.13 $11.69 $12.28 $12.89 $13.53
Secretary $11.65 $,12.2'4 $.12.85 $13.49 $14.17
Additionally a 1 % increase will be effective, January 2, 1995.
Section 3 . .Retirement. Contributions -
The percentage of each employee's PERS contibution 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 amiscellaneous employee.
An employee, makes $1,000 per month base salary.. Under the, prior contract the' employee was not'
responsible for paying T% of the required 7% 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 salary and the employee's. base salary will now
be $1,070. Of this, 7% (approximately $75.00) will be paid to PERS-from the $.1,070. The fu117%
will be tax exempt and this means the employee will pay taxes on $995.00.
Section 4. Overtime
A. neral. All hours. worked in excess of eight (8) in any one day or in excess of forty (40) in
any work week shall. be compensated for at the overtime rate which shall be one and one-half
(1.5) times the regular rate of pay. Overtime shall not be pyramided or compounded. For
those employees that work an adjusted work week through the Voluntary Reduction in Hours
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Program,, overtime will be based on the signed Agreement' between -the City and the
Employee:
B. 1Vlinimum: ~ Any employee required to work overtime shall, in no ease.; be compensated for
less than one hour for such overtime.
C. Payment for Work During, Leaves. , When it becomes necessary `by an ..emergency to have
employees work' during legal :holidays or the period such employees are'' entitled' to vacation
leave, such employees workng.on such legal holidays and during. periods of vacation shall be
entitled to receive additional remuneration at the rate of one and one-half times their regular
rate of pay. ~ _
Section 5.. Compensation for Clothing. Loss
The City Manager is authorized to provide compensation to City employees for: loss br :damage to
their clothing .which occurs during, the course of carrying out an official duty.. A :.request fore
compensation hereunder shall be submitted m 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 6. Vacation_ Paymenf at Termination
Employees who terminate employment shall be paid in a Gump sum. for all.accrued vacatibn~;leave
earned prior to the effective date of termination not to exceed two (2) years accumulation.
Section.7..:. Sick Lease, Payment of_
In the event of :the- death. or retirement, of an employee, who has completed ten- (10). gr more; years 'of
continuous service with. the ..city., the' employee shall be:.paid or` shall receive to:,his benefit fiffq'
percent ,(50:%) of his accumulated but unused sick °lea~e not to exceed 480 hours:. 'The ~ empl'oyee ,may
elect -not to receive this benefit and insfead place all sick leave hours into the PERS sick leave
conversion benefit. ~ ;
Section $. Deferred. Compensation -
The City` of Petaluma shall make available to the members of this unit the City's Deferred
Compensation Plan. _
Section.9. `.Retiree: Benefit :Payment
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 decease in. the amount of $5.:OU per year to `$0.00' after 20
years if "the 'retired employee .continues. in the PfiMCHA plan as a- retiree. Should :the. retired
employee not continuer in the: PEMCHA plan; he/she will 6e eligible for the_ full $100.00.. It is the
~responsibility.of the retiree. o notify the City in writing,~th'at`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.
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INSURANCE
Section 10. Health Insurance.
ACTIVE Employees
Effective August 1, 1994 the City shall initiate the Public Employees' Medical Health Care Act
(PEMCHA) for members of Unit 5. 'The premium paid by the City toward this program shall be in
the amount of $100.00 per month per employee.
Section 11. 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 Ortfiodonture 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 12. Life Insurance
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 $10,000 per employee.
Section 13. Long-Term Disability
The City shall provide for along-term disability plan. The premium. to be paid for by the City.
Section 14_ Vision ,Insurance
The City shall provide a Vision Plan for employees and dependents. The premium shall be paid for
by the City.
Section 15. Other Health and Welfare Payments
The City shall provide to the active members of Unit 5 aditional monthly health and welfare payments
equal the PEMCHA Kaiser North premium amounts less $100.00.
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LEAVE
Section lb. Vacation
A.1. Amounts" Ah regular employees: of the Ciry of Petaluma, after working one ;full year are
entitled to the equivalent of eighty (80) hours of vacation with pay yin the year following the
,year in which vacation is earned..
AlI 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 one hundred sixty (150) hours of vacation.
A 2. VoluntarX. Leave Plan
Accruals under the Voluntary Leave Plan shall be prorated to the work. week equivalent hours.
B. ehe ulin 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 enplgyee
and .particular regard for the needs of the service. If the requirements.. of the ervice"are .such
that an. employee: cannot take part: or all of his annual vacation. in a particular calendar year; ,
such vacation shall be taken during the following calendar year.
C. Deferral Any eligible employee with the consent of the head of his/her department and the
Personnel Office may defer five" (5) working days of his annual vacation. to the succeeding
calendar year subject to other provisions of this .rule. A written report of each. deferred
vacation. signed. by the appropnate department head and the Personnel Officer .noting the.
details shall be kept,on file with the Personnel Office. Vacation time. accumulated in excess of
two ::years shall- be lost. In the event one or more municipal holidays fall within,an annual-
vaeation leave; such holidays shall not be charged as vacation leave and vacation leave shall be
extended accordingly.
Section :f7. Sick Leave
A. ~ cneral Sick leave with pay,shall be granted. to all employees as set forth m this section. Sink
leave is not. a right which anemployee -may use at his discretion, but rather, shall be used only
in case 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 members 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 eght.hours for each
.month. of continuous service. No employee shall accumulate more sick leave in any year than
provided.
B.2. Volun Leave Plan
.Accruals under the. Voluntary Leave Plan shall be prorated to the work week equivalent hours.
C. l`iotfication Procedure In order to .receive compensation while absent on sick leave, the
employee .shall. notify his%her :immediate superior or the Personnel Off ce .prior to or within
four hours after the time set for beginning .his .daily. duties.. as may be specified by the head. of
.his department.: When .absence is for morethan three days duration., the employee"may be
required to file a physician's certificate with 'the Personnel Office stating the- cause: of the
absence.
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D, Relationship. to Workers Compensation Benefts shall. be payable in situations where
miscellaneous employee: 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 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' benefits provided the employee. Compensation is at his/her
regular rate for a period not to exceed six months, or' until' -such 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.
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.
E. Sick Leave Transfer'PolicX ~ Employees wishing to donate hours of sick leave to another
employee may do so by sending a written request, approved by their 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 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. Transfer of'sick leave shall be allowed between Units 1, 3, 4, 5, 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..
A .1. Section 18. Bereavement Leave
In the event of the death of an employee's spouse, mother,_stcp-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 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 airangements may be .charged to the employee's sick leave and
anq 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.
A.2. Voluntary Leave Plan
Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent hours.
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.Section 19. Holidays
A: FIXED HOLIDAYS: The City shall observe eleven (l.l) fxed 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 {l) ".Floating
Holiday" per employee.,. which maybe .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 fora "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 IeaVe plan, -
Employees on a Voluntary Leave for a fixed period will not be paid fore any. holidays falling
within the fixed leave period. .
Section 20: 1Glltary Leave-
Military leave shall be arranged in accordance with the :provisions of State: `Law,.: All employees: `
entitled to military lease shall give the appginting~power an opporiunitywithinahe limits of~mlitary
regulations to determine when such leave shall be taken.
Section 21.. Leave of Absence Without. Rav
A. .Thee City Nlanagermay grant a regular or probationary employee leave ofabsence without-pay
pursuant'to State and Federal Law, Good cause;being,shown by:a written request, the City
Manager may extend such 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 wasp-granted. Failure on the part of 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 workweek_:upon; ;approval of their Department Head.and the .City
Manager under a Voluntary Leave Without,Pay plan, not to exceed; ZO% of their annual work
full s heduMedieal premiums will continue to be- aid b the ci and em to ee as if `working a
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Section 22. Jury Leave,
Every classified .employee of the City who is called ,or :required to serve as a:. trial furor 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'sueh circumstances, the employee
sha1L be paid the_ difference between his full salary and any payment received by film; except°travel
pay, for such. duty. This compensation shall .not extend beyond twenty (20). working days:
Section 23 _ . Compensatory Time .Off
Employees may receive, m lieu of being °paid ;for overtime, compensatory `time off at a :mutually
agreeable time between the City and .the employee subj~ect~ to the operation :requirements of ahe City
and with approval determined by the City: No employee may earn` ,more an one hundred twenty
(120)' hours of Compensatory Time: Off per .fiscal year. In addition, no-employee may retain oil the
books more than twenty-four hours of unused 'Compensatory Time at any, given. point during.. the fiscal
year:.Amounts submitted in excess of these limits' shall be paid at time and one-half..
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Section 24. Retirement
OTHER
The City of Petaluma's retirement plan under the Public Employees' Retirement System shall consist
of the following items:
Miscellaneous Employees: 2% @ 60
Options: 1959 Survivors Benefit
One year Final .Compensation Average
Unused Sick Leave Credit `
Section 25. Grievance Procedure
A. „Purpose of Rule
(1) To promote improved employer-employee relations by establishing grievance
procedures on .matters for which appeal or hearing. is not provided by other regulations.
(2) To afford employeesindividually or through.qualifed employee organization a
systematic means of obtaining further consideration of problems after every reasonable
effort has failed to resolve them through discussions.
(3) To provide that grievances shall be settled as near as possible to the point of origin.
(4) To provide that appeals shall be conducted as informally as possible.
B. Matters Subject To Grievance Procedure The grievance procedure shall be used to process and
resolve grievances arising out of the interpretation, application, or enforcement of the express
terms of this compensation plan. '
C. Informal Grievance. Procedure. An employee who has a problem or complaint should first try
to get it settled through discussion with his/her immediate supervisor without undue delay. If,
after this discussion, he/she- does: not believe the problem has been satisfactorily resolved,
he/she shall have the right to. discuss it with his/her supervisor's immediate supervisor, if any,
in the administrative service. Every effort should be made to find an acceptable solution by
informal means at the lower` possible level of supervision. If the employee is not in agreement
with the decision .reached by" discussion, he/she shall then. have the right to file a formal appeal
in writing within ten (10) calendar days after receiving- the :informal decision of his/her
immediate superior. An informal appeal shall not be taken above the appointing ,power.
D. Formal Grievance Procedure (levels of review through chain of command)
(1) First level of review The appeal shall be presented in writing to the employee's
immediate supervisor, -who Shall render his/her decision and comments in writing and
return them to the employee within five (5) calendar days after receiving the appeal. If
the employee does not agree with his supervisor's decision, or if no answer has been
received within five (5) calendar days,. the employee may present the appeal in writing
to his supervisor's immediate superior. Failure of the employee to take further action
within -five (5) calendar days after receipt of the written decision of his .supervisor, or
within. the total of fifteen (15) calendar days if no decision is rendered, will constitute a
dropping of the appeal.
(2) Further_level or evels of review as a~ropriate The supervisor receiving the appeal
shallreview;it, render his/her decision and comments in writing, and return them to the
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employee within Give (5) calendar days after receiving, the appeal. If the employee does`
not agree with the decision, or if no, answer .has been received within five (5) calendar
days, employee may presentthe.appeal in writing to the department head. Failure of
the employee to take further action within five (5) calendar days' after receipt of the
:decision is rendered, will constitute a dropping of the appeal.
(3) Department Review Thee department. head receiving the appeal of his/her designated
representative, should discuss the grievance with the employee; his} representative, if
any, and. with other appropriate .persons. The department head .shall render his/her
decision :and comments in writing, and return .them to .the employee within five (5)
calendar. days after receiving the .appeal`: If the employee. does not agree. with the
decision reached, or if no answer has been received within five (5)' .calendar days after
receipt, of the decision or within a total of fifteen .(15) calendar days if no decision is
rendered, will constitute a dropping of the appeal. -
(4) City Manager The City Manager .receiving, .the appeal or his/lis designated
representative should discuss the grievance with the employee; his/her representative, if
any, and with other appropriate persons: The City Manager may designate. a fact.
:finding :committee, officer not in, the: normal line of supervision,, or Personnel Board to
advise him/her concerning the appeal: The City Manager sha1T :render ~a decision in
writing to the employee within 'twenty (20) calendar daysafter receiving the appeal.
(5) Conduct Of Grievance Procedure
(a) The time limits specified. above may be extended. to a definite date by mutual
agreement of`the employee and the reviewer concerned.
{b) The employee may request .the assistance of another person of his/her own
choosing in preparing and presenting his/her appeal at any level. of review.
(c) The employee and hi_s/her representative. may :be privileged to use a •reasonable
amount of work time as determined by the appropriate department head in
conferring about'and presenting the. appeal.
(d) Employees shall be assured .freedom from reprisal for using the grievance
procedures.
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