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HomeMy WebLinkAboutCC RES 02-19RESOLUTION NO. 02-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR CONFIDENTIAL UNREPRESENTED EMPLOYEES, AND SUPERSEDING RESOLUTION 00-87. THE CITY COUNCIL OF THE CITY OF TUSTIN HEREBY RESOLVES AS FOLLOWS: Section 1: DEFINITION A "Confidential" employee is broadly defined as an employee who is privy to information that affects employee relations. The employees designated as "Confidential" by the City of Tustin are those employees who, in the course of their duties, have access to information relating to the City's administration of the Meyers-Milias-Brown Act (Cal. Gov. Code §3500 et seq.). These employees are not represented by an association or labor organization. "Confidential" unrepresented classifications are listed in Appendix A. Section 2: EFFECTIVE DATES The effective date of each Section is August 6, 2002, unless otherwise stated herein. Section 3: MAINTENANCE OF EXISTING BENEFITS Except as provided herein, all compensation, hours and other terms and condi- tions of employment presently enjoyed by "Confidential" employees shall remain in full force and effect unless changed subsequent to meetings between the City and represen- tatives of the "Confidential" employees. Section 4: SALARY INCREASE The SCHEDULE OF BASE SALARY RATES is contained in Appendix A. It contains these pay increases, unless otherwise stated herein: August 12, 2002 - 2.00% (applied to the base salary rates of all classifications in the unit and the salaries of all employees in the unit other than Human Resources Analyst). Section 5: OVERTIME PAY Unit classifications designated as non-exempt for purposes of the Fair Labor Standards Act (FLSA), shall receive overtime pay in accordance with the rules which govern non-exempt employees in the Tustin Municipal Employees Association general employee bargaining unit (TMEA). S:\Confidential Unit\confidential resolution0802.doc Section 6: BILINGUAL PAY Unit employees shall be eligible to receive an additional $34.62 per pay period if the following conditions are met: A, The employee must, on a frequent and recurring basis, speak and/or trans- late by reading/writing one or more languages other than English in the per- formance of his/her public contact duties with the City. B. The employee must pass a language skills test approved or administered by the City. C. The City Manager, or his designee, may limit the number of employees eli- gible based on the needs of the City. Section 7: TUITION REIMBURSEMENT The rules and regulations governing tuition reimbursement for employees in the TMEA general employee bargaining unit shall apply to "Confidential" unrepresented employees. Section 8: RETIREMENT A. The City shall continue to "pick up" and pay on behalf of each regular full time unit employee the employee's required contribution to the Public Employees Retirement System (PERS) 2% @ 55 Supplemental or Modified Formula for Local Miscellaneous Members in the amount equal to seven percent (7%) of the employee's "compensation earnable". B. Designated regular part-time unit employees shall be eligible for participation in PERS in the same manner as regular full-time employees. C. The employee is required to pay the cost of the 1959 Survivor Benefits Pre- mium. Section 9: SOCIAL SECURITY In the event the City and its employees are required to participate in the federal Social Security program, the City shall meet with the "Confidential" unrepresented employees concerning implementation of the Social Security program. Section 10: MEDICARE Unit employees hired by the City on or after April 1, 1986, shall be required to pay the designated employee contribution to participate in the MediCare Program, and the City shall be under no obligation to pay or "pick up" any such contributions. S:\Confidential Unit\confidential resolution0802.doc Page 2 of 10 In the event unit employees hired prior to April 1, 1986, are required to participate in MediCare, the City shall meet with unit representatives prior to implementing this change. In the event the City is given the option to allow individual employees hired prior to April 1, 1986, to participate in the Medicare program, it shall do so, provided, however, that any employee who exercises this option shall pay his/her share and the City's share of Medicare contributions. Section 11: HEALTH INSURANCE/FLEXIBLE BENEFITS PLAN The City's Flexible Benefits Plan shall be made available to all regular unit employees. Pursuant to said program, an employee may request that eligible expenses be paid or reimbursed by the City out of the employee's account, with the employee's base salary being reduced by the amount of any such payments or reimbursements. Each employee with a payroll deduction for medical, dental and/or other eligible insurance premiums shall have his/her salary reduced by the amount of those deductions on a before-tax basis. The Flexible Benefits Plan for unit employees will be as follows: A. Flexible Benefits Contribution per month per eligible employee. Effective January 1, 2002 Employee Only $372 Employee + 1 Dependent $496 Employee + 2 or more Dependents $622 Effective January 1, 2003 Employee Only $384 Employee + 1 Dependent $668 Employee + 2 or more Dependents $844 B, Designated regular part-time unit employees shall be eligible for the flexible benefit plan contribution on a pro-rata share based upon position allocation (i.e. a ¼ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). C, The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City sponsored programs. Consistent with PERS, $16 of the contribution constitutes the City payment towards employee medical insurance. Employees may allocate the remaining amount among the following City sponsored programs: S:\Confidential Unit\confidential resolution0802.doc Page 3 of 10 1. Medical insurance offered under the Public Employees' Medical and Hospital Care Act Program. 2. Dental Insurance 3. Additional Life Insurance 4. Vision Insurance 5. Deferred Compensation 6. Section 125 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. D. The Flexible Benefits Program is governed by Section 125 of the Internal Revenue Code (IRC). The City retains the right to change administrators for cause. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee. E. Employees who do not elect medical insurance through the program offered by the City shall receive $300 per month in lieu of the flexible benefits con- tribution. As a condition of receiving such amount, the employee must pro- vide evidence, satisfactory to the City, that he/she has medical/dental insur- ance coverage comparable to coverage available through the City program (see below). Designated regular part-time unit employees shall be eligible for the in-lieu flexible benefit plan contribution on a pro-rata share based upon position allocation (i.e. a ¼ time employee shall receive a 50% alloca- tion; a 1/4 time employee shall receive a 75% allocation). An employee may "opt-out" of the City's medical plan under these condi- tions: 1. The employee must sign a document stating his/her desire to waive medical or dental insurance. 2. The employee must provide proof of other coverage, which shall be con- firmed by the City each year prior to open enrollment. 3. The employee may only re-enroll during a) annual open enrollment, or b) upon loss of coverage in accordance with the underwriting guidelines for each of the City's health plans. Re-enrollment in plans may be subject to preexisting conditions, if established by the provider. S:\Confidential Unit\confidential resolutionO802.doc Page 4 of 10 Section 13: SHORT/LONG-TERM DISABILITY INSURANCE A. A Short/Long-Term Disability Insurance Plan(s) shall continue in full force and effect. Unit employees are required to participate in this program with the cost of the program paid by the employee. B. Designated regular part-time employees shall participate in the STD/LTD Plan on a pro-rata share based upon position allocation and salary (i.e. a ¼ time employee shall pay premiums based on a 50% allocation of full time salary; a % time employee shall pay premiums based on a 75% allocation of full time salary). C. The rules, regulations and administration governing the STD/LTD program for employees in the TMEA general bargaining unit shall apply to "Confiden- tial" unrepresented employees. Section 14: LIFE INSURANCE The City will provide life insurance on each life of each regular, permanent unit employee and pay the premiums thereof. The death benefit of said policy shall be the greater of $50,000.00 or one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. Designated regular part-time unit employees shall be eligible for employee life insurance on a pro-rata share based upon position allocation. The death benefit of said policy for part-time employees shall be the greater of $25,000.00 (for 1/2 time) or $37,500 (for 3/4 time). Section 15: GENERAL LEAVE General leave with pay shall be granted, paid and administered for each full-time regular and probationary unit employee at the same rate and in the same manner as General Leave is provided to employees in the TMEA general employee bargaining unit. Designated regular part-time unit employees shall be eligible for the general leave on a pro-rata share based upon position allocation (i.e. a ¼ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Section 16: CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985 Employees who are allowed to remain on a City health, dental or other insurance plan following separation from employment pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), may be charged the maximum rate permissible by law for such coverage (presently 102% of the premium for an active employee). S:\Confidential Unit\confidential resolution0802.doc Page 5 of 10 Section 17: HOLIDAYS The following days shall be holidays for which all eligible full-time regular and probationary employees will receive compensation either in pay or paid time off. January 1 Third Monday in February Last Monday in May July 4 First Monday in September November 11 Thursday in November designated by the President or Governor as Thanksgiving Day. Day following the Thursday in November designated as Thanksgiving Day. Day before the Christmas Day Holiday December 25 Day before the New Year's Day Holiday New Year's Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Holiday Christmas Day New Year's Eve Holiday 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. During the term of this agreement when a holiday falls on a Friday that is not a workday the holiday will be observed on the following Monday. For each holiday, full-time regular and probationary personnel on shifts will receive nine (9) hours of General Leave for each day or equivalent pay, whichever, in the judgment of the Human Resources Director, best serves the interest of the City. Full-time regular and probationary personnel not assigned to shifts will receive paid time off; nine (9) hours for a day. Ifa non-shift employee's scheduled day off falls on the day of the holiday, he shall receive nine (9) hours pay for each day. If the number of hours paid on a holiday is less than the hours that would be paid if the employee worked his regular shift, credited compensatory time or general leave will be used to ensure that hours paid will be equal to what he/she would receive for his/her regular shift. Designated regular part-time unit employees shall be eligible for holidays on a pro-rata share based upon position allocation (i.e. a ¼ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). S:\Confidential Unit\confidential resolution0802.doc Page 6 of 10 Section 18: SEPARATION FROM EMPLOYMENT Unit employees who separate from employment by resignation, layoff or otherwise, shall be paid the balance of his/her accumulated General Leave credits at the salary rate in effect on the date of separation. In the case of the employee's death, the balance shall be paid to the employee's designee or, if none, to the employee's estate. Section 19: JURY DUTY When an employee is duly summoned to jury duty, he/she shall receive his/her regular pay for any regularly scheduled working hours spent in actual performance of such service. Employees who have the option to request call-in juror status shall exercise that option. Section 20: WORKERS' COMPENSATION PROGRAM The rules governing Workers' Compensation for employees in the TMEA general employees bargaining unit shall apply to "Confidential" unrepresented employees. Section 21: PAYROLL SYSTEM The City shall utilize the biweekly pay system. Pay periods shall begin at noon every other Friday, and end at 11:59 a.m. on the second Friday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception to this is when that Friday is a City holiday; the payday shall fall on the preceding business day. Section 22: ALTERNATE WORK SCHEDULES Unit employees are eligible for participation in the City's Alternate Work Schedule program, as provided in the City's Agreement with the TMEA general employee bargain- ing unit. Such work schedules are subject to the needs of the department/City. The rules governing Alternative Work Schedules for employees in the TMEA general employees bargaining unit shall apply to "Confidential" unrepresented employ- ees. Section 23: RETIREE'S HEALTH INSURANCE The City will reimburse eligible unit employees up to a maximum of $150.00 per month for the payment of medical insurance premiums for employees who retire from the City of Tustin after October 1, 1993. Such contribution is supplemental to the $16.00 per month City contribution to be made for eligible retirees under the Public Employees' Medical and Hospital Care Act Program and subject to the same conditions applicable to the PERS City contribution. S:\Confidential Unit\confidential resolution0802.doc Page 7 of 10 The rules governing contributions for retiree health insurance for employees in the TMEA general employees bargaining unit shall apply to "Confidential" unrepre- sented employees. Section 24: BEREAVEMENT LEAVE Unit employees are allowed up to three (3) days with pay for the purpose of be- reavement leave in the event of a death in the immediate family. "Immediate Family" shall be defined as including spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. Designated regular part- time employees shall be eligible for bereavement leave on a pro-rata share based upon position allocation (i.e. a ¼ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Section 25: LTD LEAVE OF ABSENCE An employee receiving LTD benefits under the City's program may be granted a leave of absence without pay for the duration of his/her disability subject to a maximum period of six (6) months. Section 26: COMPENSATORY TIME Unit employees will be paid for all compensatory time in December of each year provided that an employee may retain a maximum of forty (40) hours in his/her account if notice of such desired retention is submitted to the City. Section 27: REST PERIODS During each work shift of at least eight (8) hours two (2) fifteen (15) minute rest periods will be scheduled. The scheduling of rest periods shall be at the discretion of the employee's supervisor and no compensation will be provided for rest periods not taken. Section 28: FAMILY LEAVE Consistent with requirements of the State and Federal Family Medical Leave Act(s), eligible unit employees shall have the right to up to twelve (12) weeks of unpaid leave for purposes of attending to personal or family illnesses. During the leave, eligible employees will continue to receive City contributions toward medical benefits. For all other purposes, CFRA/FMLA leave shall be treated the same as other unpaid leaves of absence. Section 29: OTHER LEAVES The needs of the employee will be considered in the granting of leaves of ab- sence and unit employees may request a leave of absence without pay to serve as a volunteer for a certified relief organization. S:\Confidential Unit\confidential resolution0802.doc Page 8 of 10 Section 30: LAYOFF POLICY, ASSISTANCE TO LAYOFFEES, AND SEVERANCE PAY Unit employees shall be governed by the same Reductions-in-force or Layoffs procedures and/or policies as established for general employees represented by the TMEA general employees unit. Section 31: OTHER BENEFITS Amendments pertaining to non-management, non-sworn employees made to the City Rules and Regulations, fringe benefits or other employment conditions shall also apply to unrepresented "Confidential" employees. Passed and adopted at a regular meeting of the Tustin City Council held on the 5th day of August, 2002. ,J~FI~Y,.M'. THOMAS, MAYOR ATTEST: _ CITY CLERK S:\Confidential Unit\confidential resolution0802.doc Page 9 of 10 Appendix A SCHEDULE OF BASE SALARY RATES Effective January 1,2002 CLASSIFICATION MO. SALARY RANGE Low/High Administrative Secretary- PD Executive Coordinator Executive Secretary Human Resources Analyst Human Resources Assistant Office Support Specialist- HR Senior Management Analyst- Finance $2,957 $3,795 $3,255 $4,367 $3,133 $2,809 $4,363 -$3,594 -$4,613 -$3,957 -$5,308 -$3,809 -$3,415 -$5,303 Effective August 12, 2002 CLASSIFICATION Administrative Secretary- PD Executive Coordinator Executive Secretary Human Resources Analyst Human Resources Assistant Office Support Specialist- HR Senior Management Analyst- Finance MO. SALARY RANGE Low/High $3,016-$3,666 $3,871-$4,705 $3,320-$4,036 $4,367-$5,308 $3,196-$3,885 $2,865-$3,483 $4,450- $5,409 S:\Confidential Unit\confidential resolution0802.doc Page 10 of 10 City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) RESOLUTION NO. 02-19 I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 02- 19 was adopted at a regular meeting of the City Council held on the 5th day of August, 2002, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Thomas, Worley, Bone, Doyle, Kawashima None None None Pamela Stoker, City Clerk