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HomeMy WebLinkAboutCC RES 11-67RESOLUTION N0.11-67 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 "confiden#ial" 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 Gonfidential 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 Resolu#ion, the hourly rate of pay shall be the monthly rate multiplied by twelve (12) divided by 2080 annual hours. Resolution 11-6~ 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 'l~) 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 'lz) 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 Spanish or another City-approved language in the duties on a frequent and recurring basis and 2) examination for conversational skill. The Director number of employees receiving Bilingual Pay bas discontinue Bilingual Pay for any employee who course of work. 1) have a business need to speak performance of his/her public contact successfully pass aCity-sponsored of Human Resources may limit the 'd on the needs of the City and may no longer uses bilingual skills in the 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) for 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 andlor 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 (IRG}. The City retains the right to change administrators. Participation in the Section 125 medical andlor dependent care reimbursement programs is voluntary and employee-funded. Section 7: 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. 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°l0 July 1, 2012 3.5% July 1, 2013 4.5% July 1, 2014 5.75°l0 July 1, 2015 7°l0 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°l0 @ 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 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°l0 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 14: 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 ©F ABSENCE Section 12: General Leave Thee 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 {2Q) 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 Qff 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 ar 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. ATTEST: PAMELA STOKER City Clerk Resolution 11-67 Page6of8 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 Counci! 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: COUNCIt_MEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCIt_MEMBER ABSENT: ~. PRMEI.A STOKER City Clerk Amante, Nielsen, Gomez, Murray (4) None (p) None (p) Gavello (1) Resolution 11-67 Page 7 of 8 APPENDIX A -CONFIDENTIAL MONTHLY SALARY RANGES Effective June 21, 2010 - __ - Classification A - B - ~ D E Executive Coordinator 4878.95 5128.78 5391.40 5667.47 5957.67 Executive Secrets 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