HomeMy WebLinkAbout15 ADOPTION OF SALARY RESOLUTIONSAgenda Item ~ 5
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AGENDA REPORT City Manager
Finance Director '
MEETING DATE: SEPTEMBER 6, 2011
TO: WILLIAM HUSTON, INTERIM CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE
MANAGEMENT, MANAGEMENT, SUPERVISORY, CONFIDENTIAL, AND
PART-TIME NON-BENEFITTED EMPLOYEES
SUMMARY
Adoption of the attached Resolutions will authorize terms and conditions of employment
for unrepresented Executive Management, Management, Supervisory, Confidential, and
Part-Time Non-Benefitted employees and reduce the City's long-term expenditures in
accordance with Council direction, particularly with respect to retirement costs.
RECOMMENDATION
It is recommended that the City Council adopt the following Resolutions:
1. Resolution No. 11-65 amending the City's Classification and Compensation
Plans for unrepresented Executive Management and Management employees;
and
2. Resolution No. 11-66 amending the City's Classification and Compensation
Plans for unrepresented Supervisory employees; and
3. Resolution No. 11-67 amending the City's Classification and Compensation
Plans for unrepresented Confidential employees; and
4. Resolution No. 11-68 amending the City's Classification and Compensation
Plans for unrepresented Part-Time Non-Benefitted employees.
FISCAL IMPACT
Cost neutral for Fiscal Year 2011-12. In future fiscal years, however, the City's cost
savings for unrepresented employees will be significant due to increases in employee
contributions to CaIPERS for existing employees and the implementation of second tier
retirement and retiree medical reimbursement plans for new employees.
City Council Agenda Report
September 6, 2011
Salary Resolutions for Unrepresented Employees
Page 2
BACKGROUND AND DISCUSSION
While employees in the City's four bargaining units are represented by labor
organizations for purposes of negotiating changes to wages, hours, and working
conditions, Executive Management, Management, Supervisory, Confidential, and Part-
Time Non-Benefitted employees rely on the City Manager to ensure they are
compensated in a fair and equitable manner.
As a result of labor negotiations with the City's represented employees, the City has
reached agreements with our four bargaining groups that significantly reduce the City's
future expenditures, particularly with respect to retirement. In accordance with City
Council direction, the attached Salary Resolutions ensure that the City's unrepresented
employees are treated in a similar manner as our represented employees.
Following the lead of our labor agreements with represented employees, the Salary
Resolutions for unrepresented employees provide for a second tier of retirement
benefits for new employees, increased employee contributions to the retirement plan for
current employees, and a second tier of retiree medical benefits for new employees.
In the unrepresented employee groups, full-time Miscellaneous (civilian) employees
(and select part-time employees) currently receive the CaIPERS 2% @ 55 retirement
benefit, with the cost of the seven percent employee contribution split between the
employees and the City. With the new MOUs, Miscellaneous employees hired after
January 1, 2012 will be enrolled in a new retirement tier, 2% @ 60, with new employees
paying the full seven percent employee contribution upon hire. Current employees will
continue to pay 3.5% to 5.5% of the employee contribution (specific amount varies by
group) during FY 2011/12 and 2012/13 and will increase their contributions each fiscal
year beginning July 1, 2013. By July 1, 2015, all miscellaneous employees will be
paying their full seven percent employee contribution.
Unrepresented Safety employees currently receive the CaIPERS 3% @ 50 retirement
benefit, with the City and employees sharing the cost of the nine percent employee
contribution. As a result of this agreement, Safety employees hired after January 1,
2012 will be enrolled in a new retirement tier, 2% @ 50, and new employees will pay the
full nine percent employee contribution upon hire. Current employees will continue to
pay 4% of the employee contribution during FY 2011/12 and 2012/13 and will increase
their contributions beginning July 1, 2013. By July 1, 2015, all safety employees will be
paying their full nine percent employee contribution.
With the exception of the Part-Time Non-Benefitted Salary Resolution, the
unrepresented Salary Resolutions also include a new tier for the Retiree Medical
City Council Agenda Report
September 6, 2011
Salary Resolutions for Unrepresented Employees
Page 3
Reimbursement Program. Individuals employed before July 1, 2011 are eligible for a
monthly stipend (with an amount that varies by group) if they have been employed with
the City for at least five years, retire from the City and CaIPERS, and enroll in a
CaIPERS medical insurance plan immediately after retirement. New employees hired by
the City on or after July 1, 2011 are eligible for the stipend after they have been
employed by the City for ten years, retire from the City and CaIPERS, and enroll in a
CaIPERS medical insurance plan immediately after retirement.
Each of the new agreements (excluding the Part-Time Non-Benefitted Salary
Resolution) also provide increased flexibility within the existing General Leave Cash Out
program. While this modification is cost neutral to City, it provides a modest benefit to
employees by allowing each individual employee to decide when each fiscal year to
participate in the optional program.
The attached Resolutions follow the City Council's direction for
employees. Staff believes adoption of these Resolutions ensures
Management, Management, Supervisory, Confidential, and Part-Time
employees are treated equitably within the City's organizational structure.
Kristi Recchia
Director of Human Resources
Attachments:
1. City Council Resolution No. 11-65
2. City Council Resolution No. 11-66
3. City Council Resolution No. 11-67
4. City Council Resolution No. 11-68
unrepresented
that Executive
Non-Benefitted
RESOLUTION NO. 11-65
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 10-46
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 Management" is used in this Resolution, it shall be
understood to include the City Manager. The benefits and terms of employment of the
City Manager shall be as set forth herein, provided that any contrary written terms
established by the City Council, which provide a greater benefit than provided for in this
Resolution, shall prevail.
Section 2: Effective Dates
The effective date of each Section is September 6, 2011, 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.
Resolution 11-65
Page 1 of 14
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 aCity-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 11-65
Page 2 of 14
employees shall receive the minimum amount required under the Public Employees'
Medical and Hospital Care Act (PEMHCA) ($108 for calendar year 2011 and $112 for
calendar year 2012) 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 11-65
Page 3 of 14
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
Employees covered under this agreement shall be members of the California Public
Employees' Retirement System (CaIPERS) and are subject to all applicable provisions
of the City's contract with CaIPERS.
Miscellaneous members employed by the City by December 31, 2011 shall be enrolled
in the CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 far
Local Miscellaneous members. The plan includes both an employer and employee
contribution. The employee is responsible for paying the employee contribution of the
employee's wages through a payroll deduction as follows:
July 1, 2011 4%
July 1, 2012 4%
July 1, 2013 4.5%
July 1, 2014 5.75%
July 1, 2015 7%
The City will pay the remaining employee contribution as Employer Paid Member
Contributions. The plan has been amended to include Section 21573 (Third Level of
1959 Survivor Benefits), Section 20042 (One-Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for
paying the employee portion of the 1959 Survivor benefit premium.
Miscellaneous members employed by the City on or after January 1, 2012 shall be
enrolled in the CaIPERS 2% @ 60 plan for Local Miscellaneous members. The plan
includes both an employer and employee contribution. The employee is responsible for
paying the employee contribution of 7% of the employee's wages through a payroll
deduction. This plan provides retirement benefits based on the highest annual average
compensation earnable during the three consecutive years of employment immediately
preceding the effective date of his or her retirement or as designated by the employee in
accordance with Government Code Section 20037. The plan provides for 3rd level of
1959 Survivor benefits with the employee paying the employee portion of the premium.
Safety members employed by the City by December 31, 2011 shall be enrolled in
CaIPERS 3% @ 50 plan in accordance with Government Code Section 21362.2 for
Resolution 11-65
Page 4 of 14
Local Safety members. The plan includes both an employer and employee contribution.
The employee is responsible for paying the employee contribution of the employee's
wages through a payroll deduction as follows:
July 1, 2011 4%
July 1, 2012 4%
July 1, 2013 6%
July 1, 2014 7.5%
July 1, 2015 9%
The City will pay the remaining employee contribution as Employer Paid Member
Contributions. The plan has been amended to include Section 21574 (Fourth Level of
1959 Survivor Benefits), Section 20042 (One-Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for paying
the employee portion of the 1959 Survivor benefit premium.
Safety members employed by the City on or after January 1, 2012 shall be enrolled in the
CaIPERS 2% @ 50 plan for Local Safety members. The plan includes both an employer
and employee contribution. The employee is responsible for paying the employee
contribution of 9% of the employee's wages through a payroll deduction. The plan includes
Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024 (Military
Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based
on the highest annual average compensation earnable during the three consecutive years
of employment immediately preceding the effective date of his or her retirement or as
designated by the employee in accordance with Government Code section 20037.
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, rounded to the next higher 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.
Section 10: Short-Term /Long-Term Disability Insurance
The City shall maintain ashort-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 far an
additional six (6) months under LTD, upon approval of the City Manager.
Resolution 11-65
Page 5 of 14
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 anon-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
unless he/she is eligible to apt 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
Resolution 11-65
Page 6 of 14
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 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 a four-year college or university. If an
employee attends both a community college and afour-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 far this benefit once
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
Resolution 11-65
Page 7 of 14
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 CaIPERS retiree medical insurance premiums. This amount is in
addition to the minimum contribution towards retiree medical insurance required under
the PEMHCA program ($108 for calendar year 2011 and $112 for calendar year 2012).
An employee hired by the City prior to July 1, 2011 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 CaIPERS medical insurance plan
immediately after retirement. Eligible employees who suffer a disability, are unable to
return to work, and take a disability retirement from CaIPERS 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.
An employee hired by the City on or after July 1, 2011 is eligible for this benefit provided
that he/she has been continuously employed by the City for ten (10) full years, retires
from the City and CaIPERS, and enrolls in a CaIPERS medical insurance plan
immediately after retirement. Eligible employees who suffer a disability, are unable to
return to work, and take a disability retirement from CaIPERS may satisfy the ten (10)
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 CaIPERS
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 Hours Per Year Maximum Accrual
0 - 5 years 160 400
6 - 10 years 208 520
Over 10 years 248 620
Resolution 11-65
Page 8 of 14
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.
Once per fiscal 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 '/2) 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 '/2) years entitlement, at the employee's then
current base salary rate.
Section 16: Administrative Leave
As exempt employees under the Fair Labor Standards Act (ELBA), 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 the employee's hire date as follows:
Nire Date Administrative Leave
1S Quarter (January -March) 40 hours
2~d Quarter (April -June) 30 hours
3rd Quarter (July -September) 20 hours
Resolution 11-65
Page 9 of 14
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
holiday pay and accrue one hour to his/her General Leave bank.
Resolution 11-65
Page 10 of 14
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 Gity 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.
Passed and adopted at a regular meeting of the Tustin City Council held on the 6th day
of September 2011.
JERRY AMANTE
Mayor
ATTEST:
PAMELA STOKER
City Clerk
Resolution 11-65
Page 11 of 14
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. 11-65 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6t" day of
September 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 11-65
Page 12 of 14
APPENDIX A -EXECUTIVE MANAGEMENT MONTHLY SALARY RANGES
Effective June 21, 2010
Classification
~
A B
C
D
_ E~ ~,
__'
Rssistant City Manager 12351.40 12983.86 13648.70 14347.59 15082.27
Director of Community Development 10579.97 11121.72 11691.22 12289.87 12919.18
Director of Finance 10766.52 11317.82 11897.35 12506.57 13146.97
Director of Numan 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 J 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 11-65
Page 13 of 14
APPENDIX B -MANAGEMENT MONTHLY SALARY RANGES
Effective June 21, 2010
Classification A ~~ B C D E ~'
Accountin Su ervisor 7060.16 7421.68 7801.71 8201.20 8621.14
Administrative Services Mana er 6920.53 7274.90 7647.42 8039.01 8450.65
Assistant Director of Communit 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
Buildin Ins ection Su ervisor 6169.61 64$5.53 6817.63 7166.73 7533.70
Buildin Official 8642.70 9085.25 9550.47 10039.51 10553.59
Cit Clerk Services Su ervisor 5597.15 5$83.76 6185.04 6501.74 6834.67
Communications Mana er 7220.61 7590.35 7979.01 8387.58 8817.07
En ineerin Services Mana er 8861.21 9314.96 9791.94 10293.34 10820.41
Field Services Mana er 7998.96 8408.55 8839.11 9291.73 9767.52
Finance Mana er 7998.96 8408.55 8$39.11 9291.73 9767.52
Information Technolo Su ervisor 7860.37 8262.86 8685.96 9130.74 9598.28
Maintenance Su ervisor 5391.40 5667.47 5957.67 6262.74 6583.42
Plan Check Su ervisor 6169.61 6485.53 6817.63 7166.73 7533.70
Police Ca twin 10267.67 10793.43 11346.11 11927.10 12537.83
Police Civilian Commander 8099.45 8514.1$ 8950.16 9408.46 9890.22
Police Su ort Services Mana er 6920.53 7274.90 7647.42 $039.01 8450.65
Princi al En ineer 7899.72 8304.23 8729.45 9176.45 9646.33
Princi al Human Resources Anal st 7329.60 7704.92 8099.45 8514.18 8950.16
Princi al Planner 7724.18 8119.70 8535.47 8972.54 9431.98
Public Works Ins ection Su ervisor 5781.82 6077.8$ 6389.09 6716.25 7060.16
Public Works Mana er 8180.75 $599.65 9040.00 9502.90 9989.50
Recreation Su erintendent 6972.57 7329.60 7704.92 8099.45 8514.18
Recreation Su ervisor 5337.82 5611.15 5898.47 6200.50 6518.00
Redevelo ment Pro ram Mana er 8180.75 8599.65 9040.00 9502.90 9989.50
Risk Mana er 7609.32 7998.96 8408.55 8839.11 9291.73
Senior Financial Anal st 5695.84 5987.50 6294.09 6616.38 6955.18
Senior Human Resources Anal st 6309.83 6632.92 6972.57 7329.60 7704.92
Senior Information Technolo S ecialist 5695.84 5987.50 6294.09 6616.38 6955.18
Senior Planner 7311.32 7685.70 8079.25 8492.95 8927.84
Senior Redevelo ment Pro~ect Mana er 8039.01 8450.65 8883.37 9338.24 9816.42
Trans ortation &Dev. Services Mana er 8861.21 9314.96 9791.94 10293.34 10820.41
Water Maintenance & Const. Su ervisor 5928.00 6231.54 6550.63 6886.06 7238.67
Water Services Mana er 9245.44 9718.86 10216.52 10739.67 11289.59
Water Treatment Su ervisor 6766.75 7113.25 7477.48 7860.37 8262.86
Resolution 11-65
Page 14 of 14
RESOLUTION NO. 11-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN RELATING TO COMPENSATION AND BENEFITS
FOR UNREPRESENTED SUPERVISORY EMPLOYEES,
AND SUPERSEDING RESOLUTION 10-49
WHEREAS, the employees covered by this Resolution constitute supervisory
personnel; and
WHEREAS, the City Council has consulted with the City Manager and the 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
A "supervisory" employee is broadly defined as an employee with authority to hire,
transfer, promote, discipline or assign other employees or effectively to recommend
such action. 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 the employees supervised. The Supervisory unit consists of
the classifications listed in Appendix A.
Section 2: Effective Dates
The effective date of each section is September 6, 2011, 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. The attached salary ranges shall constitute the basic
compensation plan consisting of five steps in each range.
For all employees covered by this Resolution, the hourly rate of pay shall be the monthly
rate multiplied by twelve (12) divided by 20$0 annual hours.
Resolution 11-66
Page 1 of 11
Section 4: Overtime Compensation
Unit classifications designated as non-exempt under the Fair Labor Standards Act shall
receive overtime compensation at the rate of time and one-half (1 '/z) for all approved
overtime hours worked in excess of 1) regularly scheduled hours per shift or 2) forty
(40) hours worked in a seven (7) day work period. General Leave, Compensatory Time
and Holiday hours shall be included within the above hours for eligibility, provided
however, that Standby Duty shall not be considered in determining entitlement to
overtime compensation.
Section 5: Bilingual Pay
The City shall pay Bilingual Pay in the amount of one hundred dollars ($100) per month
(paid bi-weekly) 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 aCity-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 6: Uniforms
Employees in the Police Department who are required by the City to wear a uniform on
full-time basis will be provided with uniforms, including replacements as needed.
The City will also provide these employees with an annual uniform maintenance
allowance of $250, paid biweekly over twenty-six (26) pay periods.
Section 7: Shift Differential
Any unit employee in the Police Department 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.
Resolution 11-66
Page 2 of 11
Section 8: Call Back Duty
Employees shall receive a minimum of two (2) hours of overtime compensation (at the
rate of time and one-half (1 '/)) for any call which requires them to return to duty.
Section 9: Standby Duty
Unit employees in the Police Department who are assigned to Standby 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 Standby Duty.
Standby Duty for scheduled court appearances on behalf of the City shall be
compensated at a rate of two (2) hours of straight time for morning (a.m. hours)
appearances and two (2) hours straight time for afternoon (p.m. hours) appearances.
If an employee's scheduled Court Standby Duty is canceled and the employee is not
advised of the cancellation before 6:00 p.m. on the day prior to the subpoena date, the
employee shall receive two (2) hours of Standby Pay. A reasonable effort by the City
(e.g. phone call) to notify the employee prior to 6:00 p.m. on the day prior will negate the
two (2) hours of Standby Pay. Employees who are scheduled for Standby Duty shall
advise the department of a telephone number where they can be reached or a message
can be left to advise them of a cancellation.
CHAPTER 3 -BENEFITS
Section 10: Flexible Benefits Plan
The City contracts with the California Public Employees' Retirement System (CaIPERS)
for the provision of medical insurance. All Supervisory employees shall receive the
minimum amount required under the Public Employees' Medical and Hospital Care Act
(PEMHCA) ($108 for calendar year 2011 and $112 for calendar year 2012) 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 employee 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
Resolution 11-66
Page 3 of 11
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 City 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
dependent care reimbursement programs)
7. Eligible catastrophic care programs
8. Cash
programs (medical and/or
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.
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 11: Retirement
Employees covered under this agreement shall be members of the California Public
Employees' Retirement System (CaIPERS} and are subject to all applicable provisions
of the City's contract with CaIPERS.
Miscellaneous members employed by the City by December 31, 2011 shall be enrolled
in the CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 for
Local Miscellaneous members. The plan includes both an employer and employee
contribution. The employee is responsible for paying the employee contribution of the
employee's wages through a payroll deduction as follows:
July 1, 2011 3.5%
July 1, 2012 3.5%
July 1, 2013 4.5%
Resolution 11-66
Page 4 of 11
July 1, 2014 5.75%
July 1, 2015 7%
The City will pay the remaining employee contribution as Employer Paid Member
Contributions. The plan has been amended to include Section 21573 (Third Level of
1959 Survivor Benefits), Section 20042 (One-Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for
paying the employee portion of the 1959 Survivor benefit premium.
Miscellaneous members employed by the City on or after January 1, 2012 shall be
enrolled in the CaIPERS 2% @ 60 plan for Local Miscellaneous members. The plan
includes both an employer and employee contribution. The employee is responsible for
paying the employee contribution of 7% of the employee's wages through a payroll
deduction. This plan provides retirement benefits based on the highest annual average
compensation earnable during the three consecutive years of employment immediately
preceding the effective date of his or her retirement or as designated by the employee in
accordance with Government Code section 20037. The plan provides for 3rd level of
1959 Survivor benefits with the employee paying the employee portion of the premium.
Section 12: Life Insurance
The City will provide life insurance for each unit employee and pay the required
premiums. The death benefit of said policy shall be the greater of $100,000 or 100% of
the employee's base annual salary, rounded to the next higher 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.
Section 13: Short-Term /Long-Term Disability Insurance
The City shall maintain ashort-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 anon-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.
Resolution 11-66
Page 5 of 11
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 FMLAICFRA 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 hislher leave
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 14: Retiree Medical 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. This amount includes the
minimum contribution towards retiree medical insurance required under the PEMHCA
program ($108 for calendar year 2010 and $112 for calendar year 2012).
Resolution 11-66
Page 6 of 11
A unit employee hired by the City prior to July 1, 2011 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 CaIPERS medical insurance plan
immediately after retirement. Eligible employees who suffer a disability, are unable to
return to work, and take a disability retirement from CaIPERS 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.
A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit
provided that he/she has been continuously employed by the City for ten (10) full years,
retires from the City and CaIPERS, and enrolls in a CaIPERS medical insurance plan
immediately after retirement. Eligible employees who suffer a disability, are unable to
return to work, and take a disability retirement from CaIPERS may satisfy the ten (10)
year continuous service requirement using a combination of service with the City and
service with any public agency with a reciprocal retirement system.
Reibursement shall not be made until an employee appears on the City's CaIPERS
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.
Section 15: 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.
Supervisory 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 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
college and afour-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.
CHAPTER 4 -LEAVES OF ABSENCE
Section 16: 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
Resolution 11-66
Page 7 of 11
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 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 an additional eight (8) hours
of General Leave for satisfactory performance, upon the recommendation of their
Department Head.
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 annual accrual of General
Leave in their leave accrual bank. General Leave Cash Out will be granted once per
fiscal year per employee.
At any time, employees may accumulate General Leave to a maximum of two and one-
half (2 'h) 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 '/2) years entitlement, at the employee's then
current base salary rate.
Section 17: Compensatory Time Off
Employees working overtime will be eligible to accrue Compensatory Time Off in lieu of
receiving overtime compensation at the rate of one and one-half (1 '/2) hours for each hour
of overtime worked. Employees may accrue up to ninety (90) hours of Compensatory
Time Off. Employees will be paid for all Compensatory Time Off in January 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.
An employee wishing to use his/her accrued Compensatory Time Off shall provide the City
with reasonable notice of such request. "Reasonable notice" is defined as at least two
weeks' notice. If reasonable notice is provided, the employee's request will not be denied
unless it would be unduly disruptive to the department to grant the request. A request to
use Compensatory Time Off with less than two weeks' notice may still be granted within
the discretion of the supervisor or manager responsible for considering the request.
Section 18: Holidays
The following days shall be holidays for which all employees will receive compensation
either in pay or paid time off:
Resolution 11-66
Page 8 of 11
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. For employees on the
9/80 schedule, if a holiday falls on an employee's regularly scheduled working Friday,
the employee will receive eight hours of holiday pay and accrue one hour to his/her
General Leave bank. For employees working the 4/10 schedule, if a holiday falls on an
employee's regularly scheduled workday, the employee will receive nine hours of
holiday pay and use accrued General Leave or Compensatory Time Off to ensure that
hours paid will be equal to what he/she would receive for working his/her regular shift.
In December of each year, each regular and promotional probationary unit employee
assigned to the Police Department may request Advance Holiday Pay, a cash out of the
employee's holiday hours for the following year in lieu of having time off. The request
may only be for 1) all cash, 2) all General Leave, or 3) 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
the Tustin Police Support Services Association (TPSSA).
Section 19: Bereavement Leave
Unit employees are allowed up to forty-five (45) hours 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" 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.
CHAPTER 5 -WORKING CONDITIONS
Section 20: Alternate Work Schedules
Unit employees are eligible for participation in the City's Alternate Work Schedule
Resolution 11-66
Page 9 of 11
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 Supervisory employees.
Section 21: 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.
Passed and adopted at a regular meeting of the Tustin City Council held on the 6t" day
of September 2011.
JERRY AMANTE
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. 11-66 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6t" day of
September 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 11-66
Page 10 of 11
APPENDIX A -SUPERVISORY MONTHLY SALARY RANGES
Effective September 6, 2011
Classification ~ A B C D E
Customer Service Supervisor 4676.19 4915.63 5167.34 5431.39 5710.08
Police Communications Supervisor 5597.15 5883.76 6185.04 6501.74 6834.67
Police Records Supervisor 5597.15 5883.76 6185.04 6501.74 6834.67
Police Services Officer Supervisor 5597.15 5883.76 6185.04 6501.74 6834.67
Property and Evidence Su ervisor 5597.15 5883.76 6185.04 6501.74 6834.67
Recreation Coordinator 4493.05 4723.12 4964.97 5219.21 5486.46
Resolution 11-66
Page 11 of 11
RESOLUTION NO. 11-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN RELATING TO COMPENSATION AND BENEFITS
FOR UNREPRESENTED CONFIDENTIAL EMPLOYEES,
AND SUPERSEDING RESOLUTION 10-51
WHEREAS, the employees covered by this Resolution constitute "confidential"
personnel; and
WHEREAS, the City Council has consulted with the City Manager and the 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
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 not represented by an association or labor
organization. The Confidential unit consists of the classifications listed in Appendix A.
Section 2: Effective Dates
The effective date of each section is September 6, 2011 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. The attached salary ranges shall constitute the basic
compensation plan consisting of five steps in each range.
For all employees covered by this Resolution, the hourly rate of pay shall be the
monthly rate multiplied by twelve (12) divided by 2080 annual hours.
Resolution 11-67
Page 1 of 8
Section 4: Overtime Compensation
Unit classifications designated as non-exempt under the Fair Labor Standards Act shall
receive overtime compensation at the rate of time and one-half (1 '/2} for all approved
overtime hours worked in excess of 1) regularly scheduled hours per shift or 2) forty
(40) hours worked in a seven (7) day work period. General Leave, Compensatory Time
and Holiday hours shall be included within the above hours for eligibility. Part-time
regular employees shall receive overtime compensation at time and one-half (1 '/2)
pursuant to the Fair Labor Standards Act {i.e., for working more than forty (40) hours in
a defined seven-day work period).
Section 5: Bilingual Pay
The City shall pay Bilingual Pay in the amount of one hundred dollars ($100) per month
(paid bi-weekly) 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 aCity-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.
CHAPTER 3 -BENEFITS
Section 6: Flexible Benefits Plan
The City contracts with the California Public Employees' Retirement System (CaIPERS)
far the provision of medical insurance. All Confidential employees shall receive the
minimum amount required under the Public Employees' Medical and Hospital Care Act
(PEMHCA) ($108 for calendar year 2011 and $112 for calendar year 2012) 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 employee is as follows:
Resolution 11-67
Page 2 of 8
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
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 7: Retirement
Employees covered under this agreement
Employees' Retirement System (CaIPERS)
of the City's contract with CaIPERS.
shall be members of the California Public
and are subject to all applicable provisions
Resolution 11-67
Page 3 of 8
Miscellaneous members employed by the City by December 31, 2011 shall be enrolled
in the CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 for
focal Miscellaneous members. The plan includes both an employer and employee
contribution. The employee is responsible for paying the employee contribution of the
employee's wages through a payroll deduction as follows:
July 1, 2011 3.5%
July 1, 2012 3.5%
July 1, 2013 4.5%
July 1, 2014 5.75%
July 1, 2015 7%
The City will pay the remainder of the employee contribution as Employer Paid Member
Contributions. The plan has been amended to include Section 21573 (Third Level of
1959 Survivor Benefits), Section 20042 (One-Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for
paying the employee portion of the 1959 Survivor benefit premium.
Miscellaneous members employed by the City on or after January 1, 2012 shall be
enrolled in the CaIPERS 2% @ 60 plan for Local Miscellaneous members. The plan
includes both an employer and employee contribution. The employee is responsible for
paying the employee contribution of 7% of the employee's wages through a payroll
deduction. This plan provides retirement benefits based on the highest annual average
compensation earnable during the three consecutive years of employment immediately
preceding the effective date of his or her retirement or as designated by the employee in
accordance with Gavernment Code section 20037. The plan provides for 3rd level of
1959 Survivor benefits with the employee paying the employee portion of the premium.
Section 8: Life Insurance
The City will provide life insurance for each unit employee and pay the required
premiums. The death benefit of said policy shall be the greater of $100,000 or 100% of
the employee's base annual salary, rounded to the next higher 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.
Section 9: Short-Term /Long-Term Disability Insurance
The City shall provide unit employees with the same short-term disability/long-term
disability (STD/LTD) program as is provided to employees in the Tustin Municipal
Employees Association (TMEA).
Resolution 11-67
Page 4 of 8
Section 10: Textbook and Tuition Reimbursement
The City shall provide unit employees with the same textbook and tuition reimbursement
benefit as is provided to employees in the Tustin Municipal Employees Association
(TMEA).
Section 11: Retiree Medical Insurance
The City shall provide unit employees with the same retiree medical insurance benefit as is
provided to employees in the Tustin Municipal Employees Association (TMEA).
CHAPTER 4 -LEAVES OF ABSENCE
Section 12: General Leave
The City shall provide unit employees with the same paid General Leave benefit as is
provided to employees in the Tustin Municipal Employees Association (TMEA).
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 annual accrual of General Leave in
their leave accrual bank. General Leave Cash Out will be once per fiscal year per
employee.
Section 13: Compensatory Time Off
Confidential employees are eligible to accrue and use Compensatory Time Off in the same
manner as employees in the Tustin Municipal Employees Association (TMEA).
Section 14: 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
Resolution 11-67
Page 5 of 8
Holidays shall be granted, paid and administered for unit employees in the same
manner as holidays are provided to employees in the Tustin Municipal Employees
Association (TMEA).
Section 15: Bereavement Leave
The City shall provide unit employees with the same Bereavement Leave benefit as is
provided to employees in the Tustin Municipal Employees Association {TMEA).
CHAPTER 5 -WORKING CONDITIONS
Section 16: Alternate Work Schedules
Confidential employees are eligible to participate in the City's Alternate Work Schedule
program under the same terms and conditions as employees in the Tustin Municipal
Employees Association (TMEA).
Section 17: Rest Periods
Confidential employees are entitled to rest periods under the same terms and conditions
as employees in the Tustin Municipal Employees Association (TMEA).
Passed and adopted at a regular meeting of the Tustin City Council held on the 6th day
of September 2011.
JERRY AMANTE
Mayor
ATTEST:
PAMELA STOKER
City Clerk
Resolution 11-67
Page 6 of 8
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. 11-67 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of
September 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 11-67
Page 7 of 8
APPENDIX A -CONFIDENTIAL MONTHLY SALARY RANGES
Effective June 21, 2010
__ Classification A B C D E
Executive Coordinator 4878.95 5128.78 5391.40 5667.47 5957.67
__
Executive Secretar 4252.90 4470.67 4699.60 4940.24 5193.21
Human Resources Anal st 5284.77 5555.38 5839.85 6138.88 6453.22
Human Resources S ecialist 4179.21 4393.21 4618.17 4854.64 5103.23
Senior Human Resources S ecialist 4854.64 5103.23 5364.54 5639.24 5928.00
Resolution 11-67
Page 8 of 8
RESOLUTION NO. 11-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN RELATING TO COMPENSATION FOR
UNREPRESENTED PART-TIME NON-BENEFITTED
EMPLOYEES AND SUPERSEDING RESOLUTION 10-53
WHEREAS, the employees covered by this Resolution constitute part-time non-
benefitted 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:
Section 1: Classifications
A "part-time" position is a position that 1) has a work week of fewer hours than the full
work week established for afull-time pasition and 2) is compensated on an hourly basis.
Part-Time Non-Benefitted employees are not represented by an employee association
and are not entitled to benefits, unless otherwise mandated by law. Classifications in the
Part-Time Non-Benefitted unit are listed in Appendix A.
Section 2: Effective Dates
The effective date of each section is September 6, 2011, unless otherwise stated herein.
Section 3: Salary
The hourly salaries for employees covered by this Resolution are hereby incorporated
and listed in Appendix A.
Section 4: Retirement
In accordance with federal law, all part-time employees must be enrolled in Social
Security or another "qualified" retirement plan. Since the City does not participate in
Social Security, part-time employees will be enrolled in the City's IRS Section 457
deferred compensation plan. Employees are required to contribute 5.5% of salary to the
deferred compensation plan every pay period. The City will contribute an additional 2%
of salary, for a total contribution of 7.5%.
Resolution 11-68
Page 1 of 4
The City's contract with the California Public Employees' Retirement System (CaIPERS)
states that persons compensated on an hourly basis may be excluded from the
retirement system. Nevertheless, in rare circumstances apart-time employee may be
enrolled in the CaIPERS retirement plan.
Any part-time employee enrolled in the CaIPERS Miscellaneous plan by December 31,
2011 shall be enrolled in CaIPERS 2% @ 55 plan in accordance with Government
Code Section 21354 for focal Miscellaneous members. The plan includes both an
employer and employee contribution. The employee is responsible for paying the
employee contribution of the employee's wages through a payroll deduction as follows:
July 1, 2011 5.5%
July 1, 2012 5.5%
July 1, 2013 7%
The City will pay the remainder of the employee contribution as Employer Paid Member
Contributions. The plan has been amended to include Section 21573 (Third Level of
1959 Survivor Benefit;), Section 20042 (One-Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for
paying the employee portion of the 1959 Survivor benefit premium.
Any part-time employee enrolled in the CaIPERS Miscellaneous plan on or after
January 1, 2012 shall be enrolled in CaIPERS 2% @ 60 plan for focal Miscellaneous
members. The plan includes both an employer and employee contribution. The
employee is responsible for paying the employee contribution of 7% of the employee's
wages through a payroll deduction. This plan provides retirement benefits based on the
highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as
designated by the employee in accordance with Government Code section 20037. The
plan provides for 3rd level of 1959 Survivor benefits with the employee paying the
employee portion of the premium.
Resolution 11-68
Page 2 of 4
Passed and adopted at a regular meeting of the Tustin City Council held on the 6t" day
of September 2011.
JERRY AMANTE
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. 11-68 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6t" day of
September 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 11-68
Page 3 of 4
APPENDIX A -PART-TIME NON-BENEFITTED HOURLY SALARY RANGES
Effective September 6, 2011
Classification A B C D E F~ G
Accountin Su ervisor - PT 40.73 42.82 45.01 47.31 49.74 n/a n/a
Administrative Intern - PT 12.01 n/a n/a n/a n/a n/a n/a
Information Technolo Intern - PT 12.63 n/a n/a n/a n/a n/a n/a
Maintenance Aide PT 10.24 10.76 11.31 11.89 12.50 n/a n/a
Master Reserve Officer - PT 30.04 n/a n/a n/a n/a n/a n/a
Office Assistant - PT 16.09 16.91 17.78 18.69 19.65 n/a n/a
Police Cadet - PT 10.01 10.52 11.06 11.63 12.23 n/a n/a
Police Communications Officer II - PT 26.51 27.87 29.30 30.80 32.37 n/a n/a
Police Reserve Officer L1 - PT 22.71 n/a n/a n/a n/a n/a n/a
Police Reserve Officer L2 - PT 17.00 n/a n/a n/a n/a n/a n/a
Police Reserve Officer L3 - PT 14.74 n/a n/a n/a n/a n/a n/a
Rece tionist - PT 10.14 10.66 11.20 11.78 12.38 n/a n/a
Recreation Facilities Assistant - PT 15.12 15.89 16.70 17.56 18.46 n/a n/a
Recreation Leader - PT 9.41 9.89 10.39 10.93 11.49 12.07 12.69
Recreation Leader B - PT 11.12 11.69 12.29 12.92 13.58 14.31 15.04
Recreation Pro ram Assistant - PT 13.21 13.89 14.60 15.34 16.13 n/a n/a
Resolution 11-68
Page 4 of 4