HomeMy WebLinkAboutCC RES 11-66WHEREAS, 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:
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 2080 annual hours.
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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, 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 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 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.
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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 Y2)) 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
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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
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
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%
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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 CalPERS 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 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.
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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 111
pre-disability base salary. This City payment is taxable income. The employee may w7
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 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 CalPERS 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).
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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
ina from the City and CalPERS, 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.
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 CalPERS, 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 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 CalPERS
insurance billing. In order to maintain the retiree medical insurance stipend throughout
retirement, an employee must maintain coverage in a CalPERS 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 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.
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
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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 Y2) 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 'h) 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:
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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.
1011ar
Section 20: Alternate Work Schedules
Unit employees are eligible for participation in the City's Alternate Work Schedule
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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.
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:
4 o
a
City Clerk
Amante, Nielsen, Gomez, Murray
None
None
Gavello
Resolution 11-66
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(4)
(0)
(0)
(1)
Effective September 6, 2011
Resolution 11-66
Page 11 • 11
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
588176
6185.04
6501.74
6834.67
Police Services Officer Supervisor
5597.15
5883.76
6185.04
6501.74
6834.6
Property and Evidence Supervisor
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 • 11