HomeMy WebLinkAboutResolution 94-164 07/05/1994~Zesolution 110. 94-164 N.~,s.
of the pity of Y~t~~lum~. C~~liforl~i~~
RESOLUTION APPROVING SALARY AND SUPPLEMENTAL WAGE BENEFITS
FOR EMPLOYEES IN UNIT 1 (CONFIDENTIAL)
WHEREAS, the employees in Unit 1 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 1
receive salary and supplemental wage benefits,
NOW, THEREFORE, BE IT RESOLVED that the supplemental wage
benefit as specified in the attachments for employees in this Unit, being in the best
interest of the City, be approved 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 iniraduced and adopted by the A~~roved c o
Council of the City of Petaluma at a (Regular~jXj ~~~~~~;~gYe~ial) meeting ~~P. ~..
on the .~t11 .................. day of ....._ Jllly----•--....................................., 1~4....., by the
following vote: .......... ...:.........:..................
City Attorney
AYES: Parkerson, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT: Hamilt n, Barl
ATTEST : .........................._-... .,..--•----........._---.-....--- --................-....._... .........~..
City Clfrk hlavor
C~urici] ~ ile.......i ~+ ..........
CA IO~R5 krs. No.._... ~~-1~4-....
V.C:.S
~~~ _
CITY OF PETALUMA
COMPENSATION PLAN.. FOR UNIT 1
FISCAL YEAR 1994 - 1995.
~~~~0 9 4~ ~ 1.6.4j N C: ~~ ~ .
.n
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.. Sick Leave:,.. Payment at Retirement
Section 8. Deferred Compensation
Section 9. Retiree Benefit .Payment
INSURANCE
Section 10. Health Insurance
Section 11. Dental .Insurance -~
Section 12. Life Insurance
Section 13. Long-Term Disability
Section 14. Vision Insurance
Section l5. Other Health & Welfare Payments
LEAVES.
Section 1b. Vacation
Section 17. Sick. Leave
Section 18. Bereavement Leave
Section l9. Holidays
Section 20. Military Le"aVe
Section 21. Leave of Absences Without.. Pay
Section 2.2. Jury Leave
Section 23. Compensatory Time Off
OTHER
Section 24. Retirement.
Section 25. Grievance Procedure
~~
,, •.. 5. .. ~ l~,~,~..
RE~O~. 9- 4~ - 1"`6` 4
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
Section 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 I I II III IV V
Administrative Secretary $1.3.87 $14.56 $15.29 $16.06 $16.86
Deputy City Clerk $13.03 $13.68 $14.37 $15.09 $15.84
Office Assistant II $11.13 $11.69 $"12.28 $12.89 $13.53
Payroll Technician $14.73 $15.47 $16...24 $.17.05 $17.91
Personnel Technician $14.75 $15.49 $16..2:6 $17.08 $17.93
Secretary $11.65 $12.24 $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 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 employees' 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 7% 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. G 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
2
RE~O~ J 4 - 16 `4.N~~ ~.~~~ ~°
or compounded:. For those employees that work an adjusted work week through the Voluntary
Reduction In Hours Program, overtime will be based on the signed, Agreement between the
City and the Employee.
B. Minimum.. Any employee required to work overtime shall, in no case, 6e 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: working 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 S.. Compensation for Clothing Loss
The Ciry 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
Ciry Manager.
Section 6._ 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 not to exceed two (2) years accumulation.
Section 7. Sick .Leave, Payment' of
In the event of the death or retirement of'an employee who has. completed ten (1'Oj or more years' of
continuous service with the City, the: employee shall be paid or shall receive'to '-his ,benef t fifty
percent (SO%) of his accumulated .but unused sick leaver 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 benefit.
Section S. Deferred Compensation.
The City of Petaluma fiall make available to 'the. members of this unit the City's Deferred
Compensation Plan.
Section 9, Retiiee Benef t :Payments
An em~o eemwith twen 20 ears of'service and who.,is a e 50 or older ;arid who:retires on a
service retirement d "using the t rm of this, agreement, will be ligible,~for $95.00 per month beginning
on the, retirement date:.. The payment will decease in the ,amount of $5.00 per year to $O:OU :after 20
years if the retired employee ,continues in the PEMCHA .plan. as a retiree. Should the retired employee
not continue .in the PEIVICHA 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 `thee PEMCHA plan and
the .City will. commence payment of the $~I00.00 at'tfie beginning of the month following the receipt
of written notice. by the retiree.
3
~~so. ;~ 4 ` 1 ~4
~3~~~~~
s IiVSURANCE
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 1. 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 Ciry sha1T contribute toward an Orthodonture plan $1,000 per child at a
50% co-payment late. 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.
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 1 additional monthly health and welfare
payments equal the PEMCHA Kaiser. North premium amounts less $100.00.
4
LEAVE
Section 16. 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 one hundred sixty (160) hours of vacation.
A.2. Voluntary Leave Plan
Aecrua'ls under the Voluntary Leave Plan shall'be prorated to thework week equivalent hours.
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 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 Offce, may defer five (5) working days of his/her annual vacation"to the. succeeding
calendar year subject to other prgvisions of this rule. A written report of each deferred
vacation.. signed by the appropriate. 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
vacation leave, such holidays shall not be charged as vacation leave and'vacation leave shall be
extended accordingly.
section Y7. 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/her discretion, but rathei, shall. bed used
only in case of personal. illness, disability or the serious illness or injury, of~an employee s.
farruly 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 eight .hours for each
month of continuous service. No employee shall accumulate more .sick leave in any -year than
provided.
B.2. Voluntary Leave Plan
Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent hours.
C. Notification Procedures In order to receive. compensation while: absent on sick leave, the-
employee shall notify his/her immediate superior or the Personnel Office -prior; to or' within
four .hours after the time. act' for beginning lus daily duties as may be specified by the head of
his .department. When absence is for more than three :days duration, the employee. maybe
required to file a physician's certif cafe with the Personnel Office: stating the .cause. of the
absence.
5
RrESO.:g 4 ~ I ,6 ~4.~
._C4.
S,
D. 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 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 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.
Section 18. Bereavement.'Leave
A. 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 sfiall 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 may be 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.
6
.,~~
x.9=4 ~'°~1`6°.,~'_~: C
" REDO. ~ ~
A .1. Voluntary Leave Plan
Accruals under'the Voluntary Leave Plan. shall be prorated to the work week equivalent hours.
Section 19: ;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 betaken 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- leave plan.
Employees on a Voluntary Leave. for a fxed period will not be paid:for any holidays falling
within the fined leave period.
Section 20: Military Leave.
Military cave shall be arranged in accordanee with. the ;provisions of State Law. All employees
entitled to military leave ahall give the appointing.. power an opportunity within the limits of military
regulations to determine when such leave shall' be taken.
Section 21. Leave of Absence Without Pav
A. The City~Manager may grant a regular or probationary employee leave of absence~.without pay
pursuant to State and Federal Law. Good cause being shown by a wntten request,. the City
Manager may extend such leave ~of absence without pay or senionty or benefits for an
additional period. notto 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 :promptly at its
expiration, or within a reasonable time after notice to return to duty, shall 6e 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 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 22. Jury Leave
Every classified employee of the-City who is called or required. to serve as a trial juror- shall, be
entitled o 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. Thus compensation. shall not extend beyond twenty (20) working days:
Section 23. Comnensator~Time:.®ff
Employees may receive, in ieu of `being- paid; for overtime, .compensatory ime~ off at a mutually
agreeable time between the City and the employee subject to the operation requirements of the City
7
.: RES"~.~g ~4 ~a1 t 6 ~4a Nr C ~
r~' v~ M . '~. ~ ~•
and with approval determined by the.. City. No employee .may earn more than one hundred twenty
(120) hours of Compensatory Time Off per fiscal year. In addition, no employee may retain on 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.
OTHER
-Section 24. Retirement
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 employees .individually or through quali#ied 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_Proeedure 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 he 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/her 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/her .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/her supervisor, or within the total of fifteen (15) calendar days if no decision is
rendered, will constitute a dropping of the appeal.
g
,.t~ ~~,
(2) Further level. or levels of review as appropriate The supervisor receiving the appeal
shall review it, render his/her decision and comments.:iii 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;=or if no answer has been- received. within five (5) calendar
days, employee may present the 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 The department: head receiving. the appeal. of his/,her. designated
representative,;chould discuss the grievance with the, employee,. his/her` 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 '(S;j. calendar days. after
receipt of the decision or within a otal of fifteen (15) calendar days if no decision is,
rendered, will constitute a dropping of the .appeal. ~ .
4 Ci 1Vlana er The Ci Mana er receivm the a cal or ps desi ated f any, and with
O sho ld ds uss the 'e ce wgitli the em lgo ,ee hs/her re resentative. representative
P Y
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 appeah The City Manager shall render a. decisiort'in, writing to the
employee within twenty (20) calendar days after 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 aevel of review.
(c) The employee and. his/her representative may be pri~ilegedao use a reasonable
amount of work .time as, determined by the appropnate department head in
conferring about and presenting the appeal. .
(d) .Employees shall be assured freedom from. reprisal for using, the grievance
.procedures.
`~ i ~, _" ~
O: ~~ 4