HomeMy WebLinkAboutCC RES 07-90RESOLUTION N0.07-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN RELATING TO COMPENSATION AND BENEFITS
FOR CONFIDENTIAL UNREPRESENTED EMPLOYEES,
AND SUPERSEDING RESOLUTION 07-24
THE CITY COUNCIL OF THE CITY OF TUSTIN HEREBY RESOLVES AS
FOLLOWS:
SECTION 1: DEFINITION
A "Confidential" employee is broadly defined as an employee who is privy to
information that affects employee relations. The employees designated as "Confidential"
by the City of Tustin are those employees who, in the course of their duties, have access
to information relating to the City's administration of the Meyers-Milias-Brown Act (MMBA)
(Cal. Gov. Code §3500 et seq.). These employees are no# represented by an association
or labor organization. "Confidential" unrepresented classifications are listed in Appendix A.
SECTION 2: EFFECTIVE DATES
The effective date of each section is October 1, 2007 unless otherwise stated
herein.
SECTION 3: MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, al! compensation, hours and other terms and conditions
of employment presently enjoyed by "Confidential" employees shall remain in full force and
effect unless changed subsequent to meetings between the City and representatives of
the "Confidential" employees.
SECTION 4: 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".
SECTION 5: 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).
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SECTION 6: 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
translate by reading/writing one or more languages other than English in
the performance 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 employees
eligible based on the needs of the City.
SECTION 7: TUITION REIMBURSEMENT
The rules and regulations governing tuition reimbursement for employees in the
TMEA general employee bargaining unit shall apply to "Confidential" unrepresented
employees.
SECTION 8: 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 CaIPERS
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 9: 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 the "Confidential" unrepresented
employees concerning implementa#ion of the Social Security program.
SECTION 10: MEDICARE
Unit employees hired by the City on or after April 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 "pickup" any such contributions.
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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, however, that
any employee who exercises this option shall pay his/her share and the City's share of
Medicare contributions.
SECTION 11: 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 employees 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
contribution includes any required CaIPERS/PEMHCA City payment
towards employee medical insurance. For calendar year 2007, the City's
payment towards 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
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
eligible insurance premiums, shall have his/her Flexible Benefit
Contribution and/or salary reduced by the amount of those deductions on
a before-tax basis.
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D. The Flexible Benefits Program is governed by Section 125 of the internal
Revenue Code (IRC). The City retains the right to change administrators
for cause. Participation in the Program is voluntary and such costs as
may attend participation 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 Contribution. As a condition of receiving such amount, the
employee must provide evidence, satisfactory to the City, that he/she has
medical/dental insurance coverage comparable to coverage available
through the City program (see below).
F. An employee may "opt-out" of the City's medical 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
confirmed 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 12: SHORT/LONG-TERM DISABILITY INSURANCE
The City shall provide ashort-term disability/long-term disability (STD/LTD) program as
follows:
A. A STD/LTD insurance program shall continue in full force and effect. Unit
employees are required to participate in this program with the cost of the
program paid by the employee.
B. The rules, regulations and administration governing the STD/LTD program
for employees in the TMEA general bargaining unit shall apply to
"Confidential" unrepresented employees.
SECTION 13: 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 fu11 time employees. The City will also provide $1,000 of dependent life
insurance and pay the premiums thereof.
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SECTION 14: GENERAL LEAVE
General leave with pay shall be granted, paid and administered for each full-time
regular and probationary unit employee at the same rate and in the same manner as
General Leave is provided to employees in the TMEA general employee bargaining
unit.
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: 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°/a of the premium for an active employee).
SECTION 16: HOLIDAYS
The following days shall be holidays for which all eligible full-time regular and
probationary employees will receive compensation either in pay or paid time off:
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
December 25
December 31
Christmas Day
New Year's Eve
Holidays shall be granted, paid and administered for each unit employees at the
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same rate and in the same manner as holidays are provided to employees in the TMEA
general employee bargaining unit.
SECTION 17: 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 credits at
the salary rate in effect on the date of separation. In the case of the employee's death,
the balance shall be paid to the employee's designee or, if none, to the employee's
estate.
SECTION 18: 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 19: WORKERS' COMPENSATION PROGRAM
The rules governing Workers' Compensation for employees in the TMEA general
employees bargaining unit shall apply to "Confidential" unrepresented employees.
SECTION 2Q: 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 21: ALTERNATE WORK SCHEDULES
Unit employees are eligible for participation in the City's Alternate Work Schedule
program, as provided in the City's Agreement with the TMEA general employee bargaining
unit. Such work schedules are subject to the needs of the City and the employee's
department.
The rules governing Alternative Work Schedules for employees in the TMEA
general employees bargaining unit shall apply to "Confidential" unrepresented
employees.
SECTION 22: RETIREE HEALTH INSURANCE
The City will reimburse eligible unit employees up to a maximum of $250 per
month (this includes any required City CaIPERS/PEMHCA contribution) for the payment
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of medical insurance premiums for employees who have 5 years of continuous City
service and at the time of leaving City service, retire with a CaIPERS pension.
Eligible employees who suffer a disability, are unable to return to work, and take
a disability retirement from CaIPERS may satisfy their service requirement of 5 years of
continuous service with the City and reciprocal agencies.
The rules governing contributions for retiree health insurance for employees in
the TMEA general employees bargaining unit shall apply to "Confidential"
unrepresented employees.
SECTION 23: BEREAVEMENT LEAVE
Unit employees are allowed up to five (5) days with pay for the purpose of
bereavement 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 24: 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 25: COMPENSATORY TIME OFF
Unit 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.
The time during which an employee may use CTO shall be subject to approval by
the appointing authority or designee with due regard for the wishes of the employee and
for the needs of service.
SECTION 26: 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 27: 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
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employees will continue to receive City contributions toward medical benefits. For all
other purposes, CFRA/FMLA leave shall be treated the same as other unpaid leaves of
absence.
SECTION 28: OTHER LEAVES
The needs of the employee will be considered in the granting of leaves of
absence and unit employees may request a leave of absence without pay to serve as a
volunteer for a certified relief organization.
SECTION 29: 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 represented by the
TMEA general employees unit.
SECTION 30: OTHER BENEFITS
Amendments pertaining to non-management, non-sworn employees made to the
City Rules and Regulations, fringe benefits or other employment conditions shall also
apply to unrepresented "Confidential" employees.
Passed and adopted at a regular meeting of the Tustin City Council held on the 20th day
of November, 2007.
LOU BONE
Mayor
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. 07-90 was duly
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passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of
November, 2007, by the following vote:
COUNCILMEMBERAYES: Bone, Amante, Davert, Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER
City Clerk
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APPENDIX A
Confidential Monthly Salary Schedule
Effective October 1, 2007
Classification Ran e A B C D E
Executive Coordinator 687 4878 5128 5391 5667 5957
Executive Secrets 632 4252. 4470 4699 4940 5193
Human Resources Anal st 719 5284 5555 5839 6138 6453
Human Resources Assistant 625 4179 4393 4618 4854 5103
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