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HomeMy WebLinkAboutCC RES 07-89RESOLUTION N0.07-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES AND SUPERSEDING RESOLUTION 07-23 WHEREAS, the employees covered by this Resolution constitute supervisory personnel; and WHEREAS, the City Council has consulted with the City Manager and the Human Resources Director concerning the proposed employment terms contained herein; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to implement the provisions of this Resolution and modify the City's Classification and Compensation Plans to reflect the changes approved in this Resolution, and that the wages, hours and conditions of employment be adopted and set forth as follows: Section 1: BASIC CLASSIFICATION AND COMPENSATION PLANS There is hereby established a basic compensation for all "Supervisory" employees of the City of Tustin who are now employed, or will in the future be employed in any of the classifications of employment listed in this Resolution and its attachments. Section 2: SALARY AND WAGE SCHEDULE/ADMINISTRATION Effective October 1, 2007, the salaries of all classifications, and incumbents in said classifications, shall be adjusted as presented in Appendix A. Effective June 23, 2008, the salaries of all classifications, and incumbents in said classifications, shall be adjusted as presented in Appendix B. The monthly salaries for employees covered by this Resolution are hereby incorporated and listed in Appendix "A" and "B". The attached salary and wage schedules shall constitute the basic compensation plan consisting of five steps or rates of pay in each range. For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate multiplied by 12 divided by 2080 annual hours. When the classification of a regular unit employee is reduced because the position the employee occupied is reclassified (resulting in an involuntary demotion), and the salary of the employee is greater than the maximum rate in the. new pay range, the salary of the employee shall be designated as a "Y-rate" and shall not change during continuous regular service until the maximum rate in the new pay range exceeds the salary of the employee or until twenty-six (26) pay periods have elapsed, whichever is sooner. Page 1 of 15 Section 3: DEFINITION A "Supervisory" employee is broadly defined as an employee with authority to hire, transfer, promote, discipline or assign other employees or effectively to recom- mend such action and these employees are often excluded from the bargaining unit of employees whom they supervise and prevented from being represented by the same organization that represents employees supervised. Section 4: EFFECTIVE DATES The effective date of each Section is October 1, 2007, unless otherwise stated herein. Section 5: MAINTENANCE OF EXISTING BENEFITS Except as provided herein, all compensation, hours and other terms and conditions of employment for "Supervisory" employees shall remain in full force and effect unless changed subsequent to meetings between the City and representatives of the "Supervisory" employees and/or by a subsequent Resolution adopted by the City Council. Section 6: OVERTIME PAY Unit classifications designated as non-exempt for purposes of the Fair Labor Standards Act (ELBA), shall receive overtime pay in accordance with the rules which govern non-exempt employees in the Tustin Municipal Employees Association general employee bargaining unit (TMEA). Section 7: BILINGUAL PAY Unit employees shall be eligible to receive bilingual pay of an additional $100 per month (paid biweekly) subject to the following conditions: A. The employee must, on a frequent and recurring basis, speak and/or trans- late by reading/writing one or more languages other than English in the per- formance of his/her public contact duties with the City. B. The employee must pass a language skills test approved or administered by the City. C. The City Manager, or his designee, may limit the number of employee's eli- gible based on the needs of the City. Page 2 of 15 Section 8: UNIFORMS The City will provide an annual uniform maintenance allowance of $250 for em- ployees who are assigned to the Police Department and required by the City to wear a uniform on full-time basis. This allowance is paid biweekly over twenty-six (26} pay periods. Section 9: COMPENSATORY TIME OFF Employees will be paid for all accrued compensatory time off (CTO} in December of each year provided that an employee may retain a maximum of forty (40) hours in his/her account if notice of such desired retention is submitted to the City. Section 10: REST PERIODS During each work shift of at least eight (8) hours, two (2) fifteen (15) minute rest periods will be scheduled. The scheduling of rest periods shall be at the discretion of the employee's supervisor and no compensation will be provided for rest periods not taken. Section 11: STAND BY/COURT APPEARANCES Unit employees in the Police Department, assigned to stand-by duty, shall be compensated at the rate of one (1 } hour of straight-time compensation for each eight (8) hours of such duty. Such compensation on Holidays shall be at the rate of two (2) hours of straight-time compensation for each eight (8) hours of stand-by duty. Standby duty for scheduled court appearances on behalf of the City shall be compensated at a rate of two (2) hours straight time for morning (a.m. hours) appear- ances and two (2) hours straight time for afternoon (p.m. hours) appearances. If a scheduled stand by is canceled and the employee is not advised of the can- cellation before 6:00 p.m. on the day prior to the subpoena date, the employee shall receive two hours of standby pay. A reasonable effort by the employer (e.g. phone call) to notify the employee prior to 6:00 p.m. on the day prior, will negate the two hours of standby pay. Employees who are scheduled for standby shall advise the department of a telephone number where they can be either reached or a message can be left to advise them of a cancellation. Section 12: CALL BACK DUTY Employees shall receive a minimum of two (2) hours of overtime compensation (at the rate of time and one-half (1 '/z}) for any call which requires them to return to duty. Page 3 of 15 Section 13: SHIFT DIFFERENTIAL Any unit employee assigned to the Police Department, and who is assigned on a regular basis (ten {10) or more continuous working days) to a shift that requires the employee to work hours after 8:00 p.m. shall receive a shift differential of $50 per pay period. The right to assign and/or reassign an individual to a particular shift is the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject to the grievance and/or discipline appeals process. Section 14: GENERAL LEAVE General Leave with pay shall be granted to each full-time regular and probatio- nary employee, prorated on a biweekly basis for each biweekly pay period in which the employee works, or is utilizing authorized paid leave time, more than half-time. Yearly accrual and maximum accrual rates are based on years of service as listed below: Periods of Service General Leave Hours Per Year Maximum Accrual 0-5 years 160 400 6-10 years 208 520 Over 10 years 248 620 Each January, "Supervisory" employees may be entitled to one additional day (eight (8) hours) of General Leave for satisfactory performance as determined by the recommendation of their Department Head. Accrual and payout of General Leave is limited to a maximum of two and one- half (2 '/2) times the employee's annual accrual entitlement. Beginning October 2008, regular and promotional probationary employees may request to be paid for a maximum of twenty (20) hours of accrued General Leave. Employee requests will be granted provided the employee has at least one-half of their maximum accrual of General Leave in their leave accrual bank. General Leave Cash Out will be paid annually in the first pay period in November. Section 15: TEXTBOOK AND TUITION REIMBURSEMENT The City shall provide textbook and tuition reimbursement for unit employees as follows: A. Unit employees who have completed their initial probationary period are eligible for reimbursement for up to $1,000 each calendar year if the em- ployee is attending a community college, $1500 each calendar year if the employee is attending ajob-related certificate program offered through a California State University or University of California extended education program, or $2,000 each calendar year if the employee is attending afour- year college or university. If an employee attends both a community col- Page 4 of 15 lege, and afour-year college or university, in a calendar year the maxi- mum reimbursement shall be $1500 per calendar year. B. Unit employees will be reimbursed by the Human Resources Department upon receipt of proof of successful completion of the course (final grade of "C" or better) and proof that payment of fees has been made. Eligible ex- penses eligible for reimbursement include tuition fees, textbooks, lab fees, and required supplies. C. Employees must obtain approval from their Department Head and Director of Human Resources before enrolling in the course. An approved course is one designated to directly improve the knowledge of the employee rela- tive to his/her specific job. D. Tuition reimbursement shall not be made if the employee is drawing vet- eran's education benefits or any other reimbursement for the same courses. E. Employees who leave City of Tustin employment within 12 months after receiving tuition reimbursement must re-pay the City for the amount that was provided. Employees may use accumulated General Leave toward the repayment. Section 16: RETIREMENT The City has contracted with the California Public Employees' Retirement System (CaIPERS}for retirement benefits. A. The City shall continue to "pick up" and pay on behalf of each regular full time unit employee the employee's required contribution to the Ca1PERS 2% @ 55 Supplemental or Modified Formula for Local Miscellaneous Members in the amount equal to seven percent (7%) of the employee's "compensation earnable". B. The employee is required to pay the cost of the 1959 Survivor Benefits Premium. Section 17: SOCIAL SECURITY In the event the City and its employees are required to participate in the federal Social Security program, the City shall meet with "Supervisory" employees concerning implementation of the Social Security program. Section 18: MEDICARE Page 5 of 15 Unit employees hired by the City on or after Aprit 1, 1986, shall be required to pay the designated employee contribution to participate in the Medicare program, and the City shall be under no obligation to pay or "pick up" any such contributions. In the event unit employees hired prior to April 1, 1986, are required to participate in Medicare, the City shall meet with unit representatives prior to implementing this change. In the event the City is given the option to allow individual employees hired prior to April 1, 1986, to participate in the Medicare program, it shall do so, provided that any employee who exercises this option shall pay his/her share and the City's share of Medicare contributions. Section 19: HEALTH INSURANCE/FLEXIBLE BENEFITS PLAN The City has established a Flexible Benefits Plan, including the provision of a Flexible Benefits Contribution, for all regular unit employees. A. The monthly Flexible Benefits Contribution for eligible "Supervisory" em- ployees shall be as follows: Employee Only Employee + 1 Employee + 2 or more Dependent Dependents $750 $875 $1025 B. The Flexible Benefits Contribution consists of mandatory and discretionary allocations which may be applied to City sponsored programs. This contri- bution includes any required City payment towards CaIPERS/PEMHCA em- ployee medical insurance. For. calendar year 2007, the City's payment to- wards employee medical insurance is $80.80. For calendar year 2008, the City's payment towards employee medical insurance is $97.00. Employees may allocate the remaining amount among the following City sponsored programs: 1. Medical insurance offered under the Public Employees' Medical and Hospital Care Act (PEMHCA) program 2. Dentallnsurance 3. Additional Life Insurance 4. Vision Insurance 5. Deferred Compensation 6. Section 125 Flexible Spending Account Programs 7. Eligible Catastrophic Care Programs 8. Cash Page 6 of 15 Discretionary allocations are to be made in accordance with program/City requirements including restrictions as to the time when changes may be made in allocations to the respective programs. C. Each employee, with a payroll deduction for medical, dental and/or other el- igible insurance premiums, shall have his/her Flexible Benefit Contribution and/or salary reduced by the amount of those deductions on a before-tax basis. D. The Flexible Benefits Program is governed by Section 125 of the Internal Revenue Code (IRC). The City retains the right to change administrators. Participation in the Program is voluntary and such costs as may attend par- ticipation are to be paid by the employee. E. Employees who do not elect medical insurance through the program offered by the City shall receive $300 per month in lieu of the Flexible Benefits Con- tribution. As a condition of receiving such amount, the employee must pro- vide evidence, satisfactory to the City, that he/she has medical/dental insur- ance coverage comparable to coverage available through the City program (see below). F. An employee may "opt-out" of the City's medical and/or dental plan under these conditions: 1. The employee must sign a document stating his/her desire to waive medical or dental insurance. 2. The employee must provide proof of other coverage, which shall be con- firmed by the City each year prior to open enrollment. 3. The employee may only re-enroll during a) annual open enrollment or b} upon loss of coverage in accordance with the underwriting guidelines for each of the City's health plans. Re-enrollment in plans may be subject to preexisting conditions, if established by the provider. Section 20: SHORT/LONG-TERM DISABILITY INSURANCE The City shall provide a short-term disability/long-term disability (STD/LTD) program as follows: A. The City sha11 maintain aSTD/LTD program providing eligible employees a benefit of 60% of base salary pre-disability earnings after a thirty (30} day waiting period. Eligibility for benefits is subject to the STD/LTD carrier. B. All unit employees are required to participate in the program; premiums are deducted from the employee's pay on an after-tax basis. C. In the event an illness or injury exceeds thirty (30} days, and such ill- ness/injury is not covered by other provisions of the City's Personnel Rules, Page 7 of 15 Regulations and/or other policies, the employee is first required to utilize 80 consecutive hours of his/her General Leave or other available leave during the thirty (30) day period beginning with the first day of the leave. In the event no leave time is available the employee shall be on leave without pay. D. After the employee uses the first eighty (80) leave hours the remainder of the thirty (30) day elimination period for the absence shall be paid by the City at the rate of 60% of the employees base salary pre-disability earnings. This City payment is taxable income. The employee may supplement this City payment with general leave or other available leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre- disability earnings. E. In the event the employee is eligible for Family and Medical Leave Act (FMLA) leave, such leave and any benefits/payment provided hereunder shall not be additional to other provisions of the MOU or the City's Person- nel Rules, Regulations and/or other policies. F. In the event the employee has worked for the City for less than twelve (12) consecutive months and the employee is not eligible for FMLA leave, the City's will provide the employee the same health insurance benefits as pro- vided while working for a period not to exceed ninety (90) days. G. Once the employee is on leave without pay, or the first eighty (80) hours of leave has passed (whichever occurs first), no General or other Leave shall accrue to the employee. H. The employee may supplement the STD/LTD carrier's payment with Gener- al Leave or other available leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre-disability earnings. I. The employee is responsible for all benefit elections and payments during his/her leave unless he/she is eligible to opt out of such elections and chooses to do so. The employee will be provided a form to make such elec- tions. In the event the employee elects to continue his/her benefit elections, the employee is required to make timely payment to the City for such elec- tions (including the cost of the STD/LTD program). In the event timely pay- ment is not made, the City is authorized to reduce the employee's general leave and/or other leave accounts, in an amount equivalent to the premiums owed by the employee. In the event no General Leave or other leave is available, the City is authorized to cancel the employee's coverage. J. In the event the employee has previously received payment by the City for the same illness/injury, the employee shall not be eligible for the City's 60% salary continuation nor ninety (90) days of continued medical benefits. Page 8 of 15 K. In no event shall an employee receive ninety (90} days of continued city- paid medical benefits more than once in any rolling twelve (12) month pe- riod. L. Should an employee receive ninety (90) days of City paid medical benefits within the twelve (12} month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is then eligible to receive the benefit pur- suant to the FMLA/CFRA, the employee shall reimburse the City for its pre- vious contribution. Section 21: LIFE INSURANCE The City will provide life insurance for each regular, permanent unit employee and pay the premiums thereof. The death benefit of said policy shall be the greater of $100,000 or 100% of the employee's base annual salary to the nearest multiple of $1,000 for full time employees. The City will also provide $1,000 of dependent life insurance and pay the premiums thereof. Section 22: CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985 Employees who are allowed to remain on a City health, dental or other insurance plan following separation from employment pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), may be charged the maximum rate permissible by law for such coverage (presently 102% of the premium for an active employee). Section 23: HOLIDAYS The following days shall be holidays for which all eligible full-time regular and probationary unit employees will receive compensation either in pay or paid time off: January 1 Third Monday in February Last Monday in May July4 First Monday in September November 11 Thanksgiving Day Day following Thanksgiving Day New Year's Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Page 9 of 15 December 24 December 25 December 31 Christmas Eve Christmas Day New Year's Eve When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. When a holiday falls on a Friday that is not a workday the holiday will be observed on the following Monday. A holiday is equivalent in value to nine (9) hours. If an employee's scheduled day off falls on the day of the holiday, he/she shall re- ceive an amount of pay equivalent to his/her scheduled work day. For each holiday, full-time regular and probationary personnel on .shifts will receive nine (9) hours of General Leave for each day or equivalent pay, whichever, in the judgment of the Human Resources Director, best serves the interest of the City. Full-time regular and probationary personnel not assigned to shifts will receive nine (9) hours of paid time off for a day. If a non-shift employee's scheduled day off falls on the day of the holiday, he shall receive nine (9) hours pay for each day. If the number of hours paid on a holiday is less than the hours that would be paid if the employee worked his regular shift, credited compensatory time or general leave will be used to ensure that hours paid will be equal to what he/she would re- ceive for his/her regular shift. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of a lawful absence, the employee's regularly scheduled day before and the regularly scheduled day after the holiday. Should one of the holidays listed above fall during an employee's General Leave period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumu- lated General Leave. On December 1 of each year, regular and promotional probationary unit em- ployees assigned to the Police Department may request to cash out his/her holiday hours for the following year in lieu of having time off. The request may only be for all cash, all General Leave, or half cash and half General Leave. This notification shall be in writing and is irrevocable. Administration of this program shall be consistent with the program adopted for employees represented by Tustin Police Support Ser- vices Association {TPSSA). Section 24: SEPARATION FROM EMPLOYMENT Unit employees who separate from employment by resignation, layoff or otherwise, shall be paid the balance of his/her accumulated General Leave (to a maximum of two and one-half (2 1/2) times the employee's annual accrual entitlement) at the salary rate in effect Page 10 of 15 on the date of separation. In the case of the employee's death, the balance sha11 be paid to the employee's designee or, if none, to the employee's estate. Section 25: SEVERANCE PAY AND ASSISTANCE TO LAYOFFEES The City will provide severance pay and assistance to layoffees as follows: A. Severance pay of one (1) week per year of service, subject to a maximum of four (4) weeks of pay, will be provided to employees who are laid off and not offered employment through an agreement between a contractor and the City. B. Letters of recommendation will be provided for employees whose perfor- mance was satisfactory on the date of their layoff. C. Reasonable assistance in locating alternative employment will be provided for employees who are laid off. Section 26: JURY DUTY When an employee is duly summoned to jury duty, he/she shall receive his/her regular pay for any regularly scheduled working hours spent in actual performance of such service. Employees who have the option to request call-in juror status shall exercise that option. Section 27: WORKERS' COMPENSATION PROGRAM The City's rules governing Workers' Compensation shall apply to "Supervisory" employees. Section 28: PAYROLL SYSTEM The City shall utilize a biweekly pay system. Pay periods shall begin at noon every other Friday, and end at 11:59 a.m. on the second Friday thereafter (i.e., 14 calendar days later). Paydays shall occur on the Friday following the conclusion of each pay period. The one exception to this is when that Friday is a City holiday, the payday shall fall on the preceding business day. Section 29: ALTERNATE WORK SCHEDULES Unit employees are eligible for participation in the City's Alternate Work Schedule program. Such work schedules are subject to the needs of the City and the employee's department. The City Manager has the authority to implement rules/polices and procedures for Alternative Work Schedules for "Supervisory" employees. Page 11 of 15 Section 30: RETIREE HEALTH INSURANCE The City will reimburse eligible unit employees up to a maximum of $250 per month for the payment of CaIPERS retiree medical insurance premiums for the employee and his/her spouse (reimbursement for a spouse is made only if the em- ployee is also enrolled). Such reimbursement includes any required contribution made for eligible retirees under the CaIPERS PEMHCA program. Employees are eligible for this benefit provided they have been continuously em- ployed by the City for five full years, retire, and enroll in health insurance immediately after the conclusion of their service with the City. Section 31: BEREAVEMENT LEAVE Unit employees are allowed up to five (5) days with pay for the purpose of Be- reavement Leave in the event of a death in the "Immediate Family". "Immediate Family" shall be defined as including spouse, registered domestic partner, mother, stepmother, father, stepfather, brother, sister, child, stepchild, grandparent, and grandchild of the employee or the employee's spouse/registered domestic partner. Section 32: LTD LEAVE OF ABSENCE An employee receiving LTD benefits under the City's program may be granted a leave of absence without pay for the duration of .his/her disability subject to a maximum period of six (6) months. Section 33: FAMILY LEAVE Consistent with requirements of the State and Federal Family Medical Leave Act(s), eligible unit employees shall have the right to up to twelve (12) weeks of unpaid leave for purposes of attending to personal or family illnesses. During the leave, eligible employees will continue to receive City contributions toward medical benefits. For all other purposes, State and Federal Family Medical Leave shall be treated the same as other unpaid leaves of absence. Section 34: OTHER LEAVES The needs of the employee will be considered in the granting of leaves of ab- sence and unit employees may request a leave of absence without pay to serve as a volunteer for a certified relief organization. Section 35: LAYOFF POLICY, ASSISTANCE TO LAYOFFEES, AND SEVERANCE PAY Unit employees shall be governed by the same Reductions-in-force or Layoffs procedures and/or policies as established for general employees. Page 12 of 15 Passed and adopted at a regular meeting of the Tustin City Council held on the 20th day of November, 2007. LOU BONE, MAYOR ATTEST: PAMELA STOKER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 07-89 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of November, 2007, by the following vote: COUNCILMEMBER AYES: Bone. Amante, Davert, Kawashima, Palmer (5) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) PAMELA STOKER, CITY CLERK Page 13 of 15 APPENDIX A Unrepresented Supervisory Unit Monthly Salary Ranges Effective October 1, 2007 Classification Range A B C D E Police Communications Su ervisor 730 5431 5710 6002 6309 6632 Police Records Su ervisor 686 4866 5115 5377 5653 5942 Police Services Officer Su ervisor 686 4866 5115 5377 5653 5942 Pro ert & Evidence Su ervisor 686 4866 5115 5377 5653 5942 Recreation Coordinator 642 4360 4583 4818 5065 5324 Page 14 of 15 APPENDIX B Unrepresented Supervisory Unit Monthly Salary Ranges Effective June 23, 2008 Classification Ran e A B C D E Police Communications Su ervisor 742 5597 5883 6185 6501 6834 Police Records Su ervisor 698 5014 5271 5541 5825 6123 Police Services Officer Su ervisor 698 5014 5271 5541 5825 6123 Pro ert & Evidence Su ervisor 698 5014 5271 5541 5825 6123 Recreation Coordinator 654 4493 4723 4964 5219 5486 Page 15 of 15