HomeMy WebLinkAboutCC RES 10-46RESOLUTION NO. 10-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN RELATING TO COMPENSATION AND BENEFITS
FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND
MANAGEMENT EMPLOYEES, AND SUPERSEDING
RESOLUTION 07-88
WHEREAS, the employees covered by this Resolution constitute executive
management and management personnel; and
WHEREAS, the City Council has consulted with the City Manager and Director of
Human Resources concerning the proposed employment terms contained herein;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin
(the "City") 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:
CHAPTER 1 — GENERAL PROVISIONS
Section 1: Classifications
The Executive Management unit includes the classification of Assistant City Manager and
those classifications designated by the City as a department head. The Management unit
includes all other classifications designated by the City as "management".
Whenever the term "Executive
understood to include the City
City Manager shall be as set
established by the City Council,
Resolution, shall prevail.
Section 2: Effective Dates
Management" is used in this Resolution, it shall be
Manager. The benefits and terms of employment of the
forth herein, provided that any contrary written terms
which provide a greater benefit than provided for in this
The effective date of each Section is June 21, 2010, unless otherwise stated herein.
CHAPTER 2 — COMPENSATION
Section 3: Salary
The monthly salaries for employees covered by this Resolution are hereby incorporated
and listed in Appendix A and Appendix B. The attached salary ranges shall constitute the
basic compensation plan consisting of five steps in each range.
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Page 1 of 13
For all employees covered by this Resolution, the hourly rate of pay shall be the monthly
rate multiplied by twelve (12) divided by two -thousand and eighty (2080) annual hours.
Section 4: Bilingual Pay
The City shall pay Bilingual Pay in the amount of one hundred dollars ($100) per month
(paid biweekly) to employees in City -designated positions who demonstrate
conversational skill in Spanish or another language approved by the Director of Human
Resources as necessary for City business.
To qualify for Bilingual Pay, the employee must 1) have a business need to speak
Spanish or another City -approved language in the performance of his/her public contact
duties on a frequent and recurring basis and 2) successfully pass a City -sponsored
examination for conversational skill. The Director of Human Resources may limit the
number of employees receiving Bilingual Pay based on the needs of the City and may
discontinue Bilingual Pay for any employee who no longer uses bilingual skills in the
course of work.
Individuals are eligible to receive Bilingual Pay at the beginning of the first pay period
after the Human Resources Department receives the employee's passing test results.
Section 5: Uniforms
The City shall provide employees in the classifications of Police Chief and Police
Captain with uniforms, including replacements as needed. Additionally, employees in
these classifications receive an allowance of $16.50 per biweekly pay period, up to a
maximum of $429 per year, for care and maintenance of uniforms.
Section 6: Educational Incentive Pay
Employees in the classification of Police Captain who have obtained a master's degree
and a POST Management Certificate are eligible to receive Educational Incentive Pay
of $500 per month ($230.76 per pay period).
Such employees are eligible to receive Educational Incentive Pay at the beginning of
the first pay period after Human Resources certifies that the employee has met all of the
eligibility requirements.
CHAPTER 3 — BENEFITS
Section 7: Flexible Benefits Plan
The City contracts with the California Public Employees' Retirement System (CaIPERS)
for the provision of medical insurance. All Executive Management and Management
Resolution 10-46
Page 2 of 13
employees shall receive the minimum amount required under the Public Employees'
111,
Medical and Hospital Care Act (PEMHCA) ($105 for calendar year 2010 and $108 for
calendar year 2011) as well as an additional amount which is provided under a Section
125 Flexible Benefits program. The amounts below include the minimum amount under
PEMHCA.
The monthly Flexible Benefits contribution per eligible Executive Management
employee and Management employee (hired into the Management unit on or before
September 3, 2002) is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or more Dependents
$950 $1168 $1514
The monthly Flexible Benefits contribution per eligible Management employee (hired
into the Management unit on or after September 4, 2002) is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or more Dependents
$750 $875 $1025
Employees who do not take medical insurance through the program offered by the City
shall receive $300 per month as the Flexible Benefits Opt -Out contribution. As a
condition of receiving such amount, the employee must provide evidence, satisfactory to
the City, that he/she has medical insurance coverage comparable to coverage available
through the City program. If the employee also opts out of the City's dental insurance,
the employee must also provide evidence, satisfactory to the City, that he/she has
dental insurance coverage comparable to coverage available through the City program.
The Flexible Benefits contribution consists of mandatory and discretionary allocations
which may be applied to City -sponsored programs, including required payment towards
employee medical insurance under the Public Employees' Medical and Hospital Care
Act (PEMHCA). Employees may allocate the remaining amount among the following
City -sponsored programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Deferred compensation
6. Section 125 Flexible Spending Account programs (medical and/or dependent
care reimbursement programs)
7. Eligible catastrophic care programs
8. Cash
Discretionary allocations are to be made in accordance with program/City requirements,
Resolution 10-46
Page 3 of 13
including restrictions as to the time when changes may be made in allocations to the
respective programs.
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 Section 125 medical and/or dependent care reimbursement
programs is voluntary and employee -funded.
Section 8: Retirement
The City has contracted with the California Public Employees' Retirement System
(CaIPERS) for retirement benefits. Employees covered under this Resolution shall be
members of CalPERS and are subject to all applicable provisions of the City's contract
with CalPERS.
The CalPERS plan in effect for non -safety Miscellaneous employees is the 2% @ 55
formula for Local Miscellaneous members. The plan includes amendments for Section
21573 (Third Level of 1959 Survivor Benefits), Section 20042 (One -Year Final
Compensation), and Section 21024 (Military Service Credit as Public Service).
The CalPERS plan in effect for Safety employees (i.e. Police Chief and Police Captain)
is the 3% @ 50 formula for Local Safety members. The plan includes amendments for
Section 21574 (Fourth Level of 1959 Survivor Benefits), Section 20042 (One -Year Final
Compensation), and Section 21024 (Military Service Credit as Public Service).
The City's required contribution to CalPERS includes both an employer and employee
contribution. For Miscellaneous members, the employee contribution is 7% of an
employee's wages; the City will contribute 3% of the employee's contribution (Employer
Paid Member Contribution) and the employee will contribute 4%. For Safety members,
the employee contribution is 9% of an employee's wages; the City will contribute 5% of
the employee's contribution (Employer Paid Member Contribution) and the employee
will contribute 4%.
The employee is required to pay the cost of the 1959 Survivor Benefits Premium.
Section 9: Life Insurance
The City will provide life insurance for each Executive Management and Management
employee and pay the required premiums. The death benefit of said policy shall be the
greater of $100,000 or one hundred percent (100%) of the employee's base annual
salary to the nearest multiple of $1,000, up to a maximum of $200,000. The City will
also provide $1,000 per dependent of dependent life insurance and pay the required
premiums.
Resolution 10-46
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Section 10: Short -Term / Long -Term Disability Insurance
The City shall maintain a short-term / long-term disability (STD/LTD) insurance program
for non -industrial illnesses or injuries. Eligibility for benefits is subject to the
requirements and approval of the STD/LTD insurance carrier.
An employee who is receiving STD benefits under the City's program will be granted a
leave of absence for the duration of his/her non -industrial disability subject to a
maximum period of six (6) months. Such leave of absence may be extended for an
additional six (6) months under LTD, upon approval of the City Manager.
All unit employees are required to participate in the program. Premiums are deducted
from the employee's pay on an after-tax basis.
In the event a non -industrial illness or injury is anticipated to exceed 30 days, the
employee is first required to use 80 consecutive hours of his/her accrued leave during
the 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 for 80 consecutive hours.
After the first 80 hours of leave, and for the remainder of the 30 day elimination period,
the employee shall be compensated by the City at the rate of 60% of the employee's
pre -disability base salary. This City payment is taxable income. The employee may
supplement this City payment with accrued leave to enable him/her to receive an
amount equivalent to no more than 100% of his/her pre -disability earnings.
In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run
concurrently with FMLA/CFRA leave.
For a new employee who has worked for the City for less than 12 consecutive months,
and is therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the
employee with the same Flexible Benefits contribution as was provided at the time of
the non -industrial injury, for a period not to exceed 90 days. Should an employee
receive 90 days of City -paid Flexible Benefits within the 12 month period prior to being
eligible for this benefit pursuant to the FMLA/CFRA, and is subsequently eligible to
receive this benefit pursuant to the FMLA/CFRA, the employee shall reimburse the City
for his/her previous contribution.
Once the employee is on leave without pay, or the first 80 hours of leave has passed
(whichever occurs first), no paid leave shall accrue to the employee.
After the 30 day elimination period, the STD/LTD carrier will provide the employee with
a benefit of 60% of pre -disability base salary. The employee may supplement the
STD/LTD carrier's payment with accrued paid leave to enable him/her to receive an
amount equivalent to no more than 100% of his/her pre -disability earnings.
The employee is responsible for all benefit elections and payments during his/her leave
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unless he/she is eligible to opt out of such elections and chooses to do so. In the event
the employee chooses to continue his/her benefit elections, the employee is required to
make timely payment to the City for such elections (including the cost of the STD/LTD
program). In the event timely payment is not made, the City is authorized to reduce the
employee's accrued paid leave accounts, in an amount equivalent to the premiums
owed by the employee. In the event no paid leave is available, the City is authorized to
cancel the employee's coverage.
An employee is only eligible for the City's 60% STD/LTD salary continuation benefit
once in any rolling 12 -month period.
Section 11: Vehicle Allowance
Each Executive Management employee shall have his/her personal vehicle available and
shall use his/her personal vehicle for City business. To cover these costs, except as noted
below, Executive Management employees shall receive a $400 monthly vehicle
allowance.
In consideration of the duties associated with the classification, employees in the
classifications of City Manager, Police Chief and Police Captain are provided with a City
vehicle in lieu of a vehicle allowance.
Section 12: Textbook and Tuition Reimbursement
The City shall provide eligible employees with textbook and tuition reimbursement in
accordance with the guidelines and procedures specified in the Personnel Rules.
Executive Management and Management employees who have completed their initial
probationary period are eligible for reimbursement for up to $1,000 each calendar year if
the employee is attending a community college, $1,500 each calendar year if the
employee is attending a job-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 a four-year college or university. If an
employee attends both a community college and a four-year college or university in a
calendar year, the maximum reimbursement shall be $1,500 per calendar year.
Employees who leave City of Tustin employment within twelve (12) months of receiving
tuition reimbursement must re -pay the City for the amount that was provided.
Employees may use accumulated General Leave toward the repayment.
Section 13: Wellness Program
Executive Management and Management employees are eligible to participate in a
Wellness Program in which the City will reimburse up to $400 per employee toward the
cost of designated wellness related services. Employees are eligible for this benefit once
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every two (2) years. Reimbursements are administered in November/December of odd
numbered years.
Wellness related services include health assessments, scans, ultrasounds, employee -only
gym membership fees, participation in weight loss programs (e.g. Weight Watchers, Jenny
Craig, etc.) and physical therapy/chiropractic care. Reimbursement shall only be provided
for non -reimbursed costs (i.e. costs covered through insurance coverage are excluded)
supported by submission of itemized receipts from service providers. When requested by
Human Resources, the employee shall also provide an itemized explanation of benefits
from the employee's medical carrier. The Director of Human Resources has sole
discretion in authorizing reimbursement for wellness related activities.
Section 14: Retiree Medical Insurance
The City will reimburse eligible unit employees up to a maximum of $350 per month for
the payment of CalPERS retiree medical insurance premiums. This amount is in
addition to the minimum contribution towards retiree medical insurance required under
the PEMHCA program ($105 for calendar year 2010 and $108 for calendar year 2011).
An employee is eligible for this benefit provided that he/she has been continuously
employed by the City for five (5) full years, retires from the City and CaIPERS, and
enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible
employees who suffer a disability, are unable to return to work, and take a disability
retirement from CalPERS may satisfy the five (5) year continuous service requirement
using a combination of service with the City and service with any public agency with a
reciprocal retirement system.
Reimbursement shall not be made until an employee appears on the City's CalPERS
insurance billing. In order to maintain the retiree medical insurance stipend throughout
retirement, an employee must maintain coverage in a CaIPERS medical insurance plan;
once coverage is dropped, reimbursement will cease and will not be reinstated.
CHAPTER 4 — LEAVES OF ABSENCE
Section 15: General Leave
Paid General Leave shall be granted to each full-time employee at the rates listed below
per year, prorated on a biweekly basis for each biweekly pay period in which the
employee is in paid status for at least 40 hours of the pay period. If the employee is in
paid status between 40 — 80 hours of a pay period, his/her General Leave will be
earned on a prorated basis for the pay period.
Service
0 — 5 years
6 —10 years
Over 10 years
Resolution 10-46
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Hours Per Year
160
208
248
Maximum Accrual
400
520
620
When appointing an individual to an Executive Management classification, the City
Manager shall have the authority to consider employment from another city, county,
special district or the state government in determining an advanced General Leave
accrual rate. If an individual's public agency experience ended within six (6) months of
the date of employment with the City of Tustin, the City Manager may use the years of
prior public agency service to establish the appointee's initial General Leave accrual
rate.
Each January, Executive Management employees are eligible to receive up to two (2)
additional days of General Leave for satisfactory performance as determined by the City
Manager. Management employees may be entitled to one (1) additional day of General
Leave as determined by their Department Head.
In April of each year, Executive Management employees and Management employees
with six (6) or more years of City service may request to cash out up to eighty (80)
hours of accrued General Leave. Management employees with less than six (6) years
of City service may request to cash out up to forty (40) hours of accrued General Leave.
At any time, employees may accumulate General Leave to a maximum of two and one-
half (2 Y2) times the employee's annual entitlement. Upon reaching the maximum,
accrual will cease until leave is used to reduce the accrual below the maximum. Upon
separation from City service the employee will be paid for unused Leave, not to exceed
the maximum of two and one-half (2 Y2) years entitlement, at the employee's then
current base salary rate.
Section 16: Administrative Leave
As exempt employees under the Fair Labor Standards Act (FLSA), Executive
Management and Management employees are compensated for meeting the
requirements and performing the duties of their jobs, regardless of the number or
scheduling of hours worked. Such employees may be required periodically or routinely
to work long or irregular hours, and to attend various meetings and functions outside of
normal "business hours" to fulfill their responsibilities. No overtime compensation shall be
provided for Executive Management and Management employees unless otherwise
required by State or Federal law.
In lieu of overtime compensation, the City will provide employees with an annual credit of
forty (40) hours of paid Administrative Leave each January. During the first calendar year
of employment as an employee covered by this Resolution, employees will be granted a
prorated share of Administrative Leave at the time of appointment, with the amount
dependent upon on the employee's hire date as follows:
Resolution 10-46
Page 8 of 13
Hire Date Administrative Leave
1" Quarter (January — March) 40 hours
2nd Quarter (April — June) 30 hours
P Quarter (July — September) 20 hours
4th Quarter (October — December) 10 hours
Each January, each Executive Management and Management employee is eligible to
receive up to an additional forty (40) hours of Administrative Leave pursuant to the
recommendation of his/her Department Head or the City Manager, with such
recommendation based on the individual's prior year's job performance and his/her
commitment of time dedicated to City business in excess of his/her regular work
schedule. After the conclusion of the first calendar year of employment, employees shall
be eligible for a prorated share of additional Administrative Leave, in accordance with
the same guidelines as those governing the initial granting of Administrative Leave at
time of appointment, as specified in this Section (e.g. an employee hired in the 3rd
Quarter of Year 1 is eligible for up to 20 additional hours of Administrative Leave in
January of Year 2). An employee whose performance is in need of improvement,
pursuant to a performance evaluation or performance improvement plan, is not eligible
to receive additional Administrative Leave. The accrual of Administrative Leave is
limited to a maximum of eighty (80) hours at any time. Use of Administrative Leave is
completely discretionary upon the approval of the Department Head or the City
Manager.
Section 17: Holidays
The following days shall be holidays for which all 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
December 25
December 31
New Year's Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
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. If
a holiday falls on a day that is also an employee's regular day off, the employee will
accrue nine hours to his/her General Leave bank for the holiday. If a holiday falls on an
employee's regularly scheduled working Friday, the employee will receive eight hours of
Resolution 10-46
Page 9 of 13
holiday pay and accrue one hour to his/her General Leave bank.
In 2010, the winter holiday schedule will be as follows:
• Christmas Eve will be observed on Friday, December 24
• Christmas Day (December 25) will be observed on Monday, December 27
• New Year's Eve will be observed on Friday, December 31
• New Year's Day (January 1) will be observed on Monday, January 3, 2011
Section 18: Bereavement Leave
Unit employees are allowed up to five (5) days of paid leave for the purpose of
Bereavement Leave in the event of a death in the "immediate family". For purposes of
this section, "immediate family" is 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.
CHAPTER 5 — WORKING CONDITIONS
Section 19: Alternate Work Schedules
Executive Management and Management 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, policies and procedures for
Alternative Work Schedules for Executive Management and Management employees.
Resolution 10-46
Page 10 of 13
PASSED AND ADOPTED at a regular meeting of the Tustin
the 18t"day of May 2010.
I
PAMELA
City Clerk
Council held on
STATE OF CALIFORNIA )
f 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. 10-46 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of
May 2010, by the following vote:
COUNCILMEMBER AYES: Amante, Nielsen, Davert, Palmer, Gavello (5)
COUNCILMEMBER NOES: None (p)
COUNCILMEMBER ABSTAINED: None (p)
COUNCILMEMBER ABSENT: None (p)
'V,u OL�
PAM LA STOKER
City Clerk
Resolution 10-46
Page 11 of 13
APPENDIX A - EXECUTIVE MANAGEMENT MONTHLY SALARY RANGES
Effective June 21, 2010
classific
Assistant City Manager
12351.40
12983.86
13648.70
14347.59r15082.27
Director of Community Development
10579.97
11121.72
11691.22
12289.87919.18
Director of Finance
10766.52
11317.82
11897.35
12506.57146.97
Director of Human Resources
9598.28
10089.77
10606.42
11149.53
11720.44
Director of Parks & Recreation
9890.22
10396.66
10929.02
11488.65
12076.93
Director of Public Works / City Engineer
11575.03
12167.74
12790.79
13445.75
14134.25
Police Chief
12351.40
12983.86
13648.70
14347.59
15082.27
Resolution 10-46
Page 12 of 13
APPENDIX B - MANAGEMENT MONTHLY SALARY RANGES
Effective June 21, 2010
It Ii cion
-Accounting Supervisor
A,
7060.16
B,_
7421.68
7801.71
.
8201.20
8621.14
Administrative Services Manager
6920.53
7274.90
7647.42
8039.01
8450.65
Assistant Director of Community Dev.
8817.07
9268.56
9743.16
10242.06
10766.52
Assistant Director of Finance
8201.20
8621.14
9062.60
9526.65
10014.47
Assistant Director of Public Works
9622.28
10114.99
10632.94
11177.40
11749.74
Building Inspection Supervisor
6169.61
6485.53
6817.63
7166.73
7533.70
Building Official
8642.70
9085.25
9550.47
10039.51
10553.59
City Clerk Services Supervisor
5597.15
5883.76
6185.04
6501.74
6834.67
Communications Manager
7220.61
7590.35
7979.01
8387.58
8817.07
Engineering Services Mana er
8861.21
9314.96
9791.94
10293.34
10820.41
Field Services Manager
7998.96
8408.55
8839.11
9291.73
9767.52
Finance Manager
7998.96
8408.55
8839.11
9291.73
9767.52
Information Technology Supervisor
7860.37
8262.86
8685.96
9130.74
9598.28
Maintenance Supervisor
5391.40
5667.47
5957.67
6262.74
6583.42
Plan Check Supervisor
6169.61
6485.53
6817.63
7166.73
7533.70
Police Captain
10267.67
10793.43
11346.11
11927.10
12537.83
Police Civilian Commander
8099.45
8514.18
8950.16
9408.46
9890.22
Police Support Services Manager
6920.53
7274.90
7647.42
8039.01
8450.65
Principal Engineer
7899.72
8304.23
8729.45
9176.45
9646.33
Principal Human Resources Analyst
7329.60
7704.92
8099.45
8514.18
8950.16
Principal Planner
7724.18
8119.70
8535.47
8972.54
9431.98
Public Works Inspection Supervisor
5781.82
6077.88
6389.09
6716.25
7060.16
Public Works Manager
8180.75
8599.65
9040.00
9502.90
9989.50
Recreation Superintendent
6972.57
7329.60
7704.92
8099.45
8514.18
Recreation Supervisor
5337.82
5611.15
5898.47
6200.50
6518.00
Redevelo ment Pro ram Manager
8180.75
8599.65
9040.00
9502.90
9989.50
Risk Manager
7609.32
7998.96
8408.55
8839.11
9291.73
Senior Financial Analyst
5695.84
5987.50
6294.09
6616.38
6955.18
Senior Human Resources Analyst
6309.83
6632.92
6972.57
7329.60
7704.92
Senior Information Technology Specialist
5695.84
5987.50
6294.09
6616.38
6955.18
Senior Planner
7311.32
7685.70
8079.25
8492.95
8927.84
Senior Redevelopment Project Manager
8039.01
8450.65
8883.37
9338.24
9816.42
Transportation & Dev. Services Manager
8861.21
9314.96
9791.94
10293.34
10820.41
Water Maintenance & Const. Supervisor
5928.00
6231.54
6550.63
6886.06
7238.67
Water Services Manager
9245.44
9718.86
10216.52 1
10739.67
11289.59
Water Treatment Supervisor
6766.75
7113.25
7477.48 1
7860.37
8262.86
Resolution 10-46
Page 13 of 13