HomeMy WebLinkAbout05 SALARY RESOLUTIONS FOR UNREPRESENTEDMEETING DATE: JULY 3,2012
TO: JEFFREY C. PARKER, CITY MANAGER
Agenda Item 5
Reviewed:
City Manager
Finance Director
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE
MANAGEMENT, MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL
EMPLOYEES
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Adoption of the attached Resolutions will authorize terms and conditions of employment
for unrepresented Executive Management, Management, Supervisory, and Confidential
employees in accordance with Council direction, and lower the City's unfunded liability
for accrued paid leave time.
It is recommended that the City Council adopt the following Resolutions:
1. Resolution No. 12-66 amending the City's Classification and Compensation
Plans for unrepresented Executive Management and Management employees;
and
2. Resolution No. 12-67 amending the City's Classification and Compensation
Plans for unrepresented Supervisory employees, and
3. Resolution No. 12-68 amending the City's Classification and Compensation
Plans for unrepresented Confidential employees.
_9141101-1141►T11
For Fiscal Year 2012-13, the resolutions will result in an additional one-time cost of
$79,742 for employees in the unrepresented Executive Management, Management,
Supervisory, and Confidential employee groups, due to mandatory cashouts of accrued
General Leave. In future fiscal years, however, the City's unfunded liability for paid
leave will be lowered due to a 20% reduction in the maximum amount of General Leave
that employees can accrue.
City Council Agenda Report
July 3, 2012
Salary Resolutions for Unrepresented Employees
Page 2
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, and Confidential
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 lowers the City's
unfunded liability with respect to accrued paid leave by implementing a new lower
General Leave maximum accrual cap for all represented employees. 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.
In the same manner as with represented employees, instead of providing separate sick
leave and vacation leave, the City provides unrepresented employees with a multi-
purpose paid leave called General Leave which employees can use for vacation,
personal business, and non-job-related illness or injury. Currently, all benefitted City
employees can save accrued General Leave hours up to a maximum of two and one-
half times their annual accrual of General Leave. Depending on years of service with
the City, the current maximums are 420, 520, and 600 hours. Once an employee
reaches the cap, the employee ceases accruing General Leave until his/her leave
balance is below the cap.
Effective with these new resolutions, the maximum accrual amounts will be reduced to
two times an employee's annual accrual of General Leave. Based on years of service,
the new maximum accrual amounts are 320, 416, and 496 hours. This change results in
a 20% reduction to the accrual cap and reduces the City's future liability to pay off
accrued General Leave hours.
The new resolutions also include language to comply with new CalPERS regulations
regarding "special compensation" that went into effect in 2011. For any applicable
special compensation item, each resolution now clearly specifies the conditions for
payment of the item of special compensation, the eligibility requirements and amount for
each special compensation item, and the specific code section where this item is
contained in the Public Employees' Retirement Law. No new items have been added —
this change is simply to ensure our labor contracts are in compliance with CalPERS
regulations.
City Council Agenda Report
July 3, 2012
Salary Resolutions for Unrepresented Employees
Page 3
Other changes include updated language to reflect the Police Chief's separate
employment contract, adjustments to classifications to reflect the proposed Fiscal Year
2012-13 budget, and minor adjustments to policies, procedures and operational
practices.
The attached Resolutions follow the City Council's direction for unrepresented
employees. Staff believes adoption of these Resolutions ensures that Executive
Management, Management, Supervisory, and Confidential employees are treated
equitably within the City's organizational structure.
J. "5J,
Kristi Recchia
Director of Human Resources
Attachments:
1. City Council Resolution No. 12-66
2. City Council Resolution No. 12-67
3. City Council Resolution No. 12-68
RESOLUTION NO. 12-66
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 11-65
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 classifications of Assistant/Deputy City
Manager, Director of Community Development, Director of Finance, Director of Human
Resources, Director of Parks & Recreation, and Director of Public Works. 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 and Police Chief. The benefits and terms of
employment of the City Manager or Police Chief 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 July 3, 2012, unless otherwise stated herein.
CHAPTER 2— COMPENSATION
Section 3: Salary
The monthly salaries for employees covered by this Resolution are hereby incorporated
Resolution 12-66
Page 1 of 14
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.
For all employees covered by this Resolution, the hourly rate of pay shall be the monthly
rate multiplied by twelve (12) divided by two-thousand and eighty (2080) annual hours.
Section 4: Bilingual Pay
The City shall pay Bilingual Pay in the amount of one hundred dollars ($100) per month
(paid biweekly) to employees in City-designated positions who demonstrate
conversational skill in Spanish or another language approved by the Director of Human
Resources as necessary for City business.
To qualify for Bilingual Pay, the employee must 1) have a business need to speak
Spanish or another City-approved language in the performance of his/her public contact
duties on a frequent and recurring basis and 2) successfully pass a City-sponsored
examination for conversational skill. The Director of Human Resources may limit the
number of employees receiving Bilingual Pay based on the needs of the City and may
discontinue Bilingual Pay for any employee who no longer uses bilingual skills in the
course of work.
Individuals are eligible to receive Bilingual Pay at the beginning of the first pay period
after the Human Resources Department receives the employee's passing test results.
In compliance with the California Public Employees' Retirement System regulations and
definition of special compensation (2 CCR §571), the monetary value of bilingual pay
(Bilingual Premium) shall be reported to CaIPERS as special compensation described in
Title 2 CCR, Section 571(a)(4) as a "special assignment pay" — a type of reportable special
compensation.
Section 5: Uniforms
The City shall provide employees in the classification of 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.
In compliance with the California Public Employees' Retirement System regulations and
definition of special compensation (2 CCR §571), the compensation paid for the
maintenance of required uniforms shall be reported to CaIPERS as special compensation
described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable
special compensation.
Resolution 12-66
Page 2 of 14
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.
In compliance with the California Public Employees' Retirement System regulations and
definition of special compensation (2 CCR §571), the monetary value of educational
incentive pay shall be reported to CaIPERS as special compensation described in Title 2
CCR, Section 571(a)(2) as an "educational pay" — a type of reportable special
compensation.
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
employees shall receive the minimum amount required under the Public Employees'
Medical and Hospital Care Act (PEMHCA) ($112 for calendar year 2012 and $115 for
calendar year 2013) 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
$950
Employee + 1
Dependent
$1168
Employee + 2
or more Dependents
$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
$750
Employee + 1
Dependent
$875
Employee + 2
or more Dependents
$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
Resolution 12-66
Page 3 of 14
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 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 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, 2012 4%
July 1, 2013 4.5%
Resolution 12-66
Page 4 of 14
July 1,2014
July 1, 2015
5.75%
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
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, 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.
Resolution 12-66
Page 5 of 14
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 a short-term / long-term disability (STD/LTD) insurance program
for non-industrial illnesses or injuries. Eligibility for benefits is subject to the
requirements and approval of the STD/LTD insurance carrier.
An employee who is receiving STD benefits under the City's program will be granted a
leave of absence for the duration of his/her non-industrial disability subject to a
maximum period of six (6) months. Such leave of absence may be extended for an
additional six (6) months under LTD, upon approval of the City Manager.
All unit employees are required to participate in the program. Premiums are deducted
from the employee's pay on an after-tax basis.
In the event a non-industrial illness or injury is anticipated to exceed 30 days, the
employee is first required to use 80 consecutive hours of his/her accrued leave during
the 30 day period beginning with the first day of the leave. In the event no leave time is
available, the employee shall be on leave without pay for 80 consecutive hours.
After the first 80 hours of leave, and for the remainder of the 30 day elimination period,
the employee shall be compensated by the City at the rate of 60% of the employee's
pre-disability base salary. This City payment is taxable income. The employee may
supplement this City payment with accrued leave to enable him/her to receive an
amount equivalent to no more than 100% of his/her pre-disability earnings.
In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run
concurrently with FMLA/CFRA leave.
For a new employee who has worked for the City for less than 12 consecutive months,
and is therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the
employee with the same Flexible Benefits contribution as was provided at the time of
the non-industrial injury, for a period not to exceed 90 days. Should an employee
receive 90 days of City-paid Flexible Benefits within the 12 month period prior to being
eligible for this benefit pursuant to the FMLA/CFRA, and is subsequently eligible to
receive this benefit pursuant to the FMLA/CFRA, the employee shall reimburse the City
Resolution 12-66
Page 6 of 14
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 11: Vehicle Allowance
Each Executive Management employee shall have his/her personal vehicle available and
shall use his/her personal vehicle for City business. To cover these costs, except as noted
below, Executive Management employees shall receive a $400 monthly vehicle
allowance.
In consideration of the duties associated with the classification, employees in the
classifications of City Manager, Police Chief and Police Captain are provided with a City
vehicle in lieu of a vehicle allowance.
Section 12: Textbook and Tuition Reimbursement
The City shall provide eligible employees with textbook and tuition reimbursement in
accordance with the guidelines and procedures specified in the Personnel Rules.
Executive Management and Management employees who have completed their initial
probationary period are eligible for reimbursement for up to $1,000 each calendar year if
the employee is attending a community college, $1,500 each calendar year if the
employee is attending a job-related certificate program offered through a California
State University or University of California extended education program, or $2,000 each
calendar year if the employee is attending a four-year college or university. If an
employee attends both a community college and a four-year college or university in a
calendar year, the maximum reimbursement shall be $1,500 per calendar year.
Resolution 12-66
Page 7 of 14
Employees who leave City of Tustin employment within twelve (12) months of receiving
tuition reimbursement must re-pay the City for the amount that was provided.
Employees may use accumulated General Leave toward the repayment.
Section 13: Wellness Program
Executive Management and Management employees are eligible to participate in a
Wellness Program in which the City will reimburse up to $400 per employee toward the
cost of designated wellness related services. Employees are eligible for this benefit once
every two (2) years. Reimbursements are administered in November/December of odd
numbered years.
Wellness related services include health assessments, scans, ultrasounds, employee-only
gym membership fees, participation in weight loss programs (e.g. Weight Watchers, Jenny
Craig, etc.) and physical therapy/chiropractic care. Reimbursement shall only be provided
for non-reimbursed costs (i.e. costs covered through insurance coverage are excluded)
supported by submission of itemized receipts from service providers. When requested by
Human Resources, the employee shall also provide an itemized explanation of benefits
from the employee's medical carrier. The Director of Human Resources has sole
discretion in authorizing reimbursement for wellness related activities.
Section 14: Retiree Medical Insurance
The City will reimburse eligible unit employees up to a maximum of $350 per month for
the payment of CaIPERS retiree medical insurance premiums. This amount is in
addition to the minimum contribution towards retiree medical insurance required under
the PEMHCA program ($112 for calendar year 2012 and $115 for calendar year 2013).
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.
Resolution 12-66
Page 8 of 14
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 160 320
6 — 10 years 208 416
Over 10 years 248 496
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,
Effective June 29, 2012, accrued General leave in excess of that figure that is one
hundred twenty hours below the new maximum accrual caps (i.e. hours above 200 for
0-5 years, 296 for 6-10 years, or 376 for over 10 years) will be transferred to an Excess
General Leave Bank ("EGLB"). Hours in the Excess General Leave Bank may be used
for General Leave purposes.
Effective the second paycheck in July 2012 and the second paycheck each July
thereafter, the City will cash out forty hours of excess General Leave from each
employee's EGLB, until such EGLB is exhausted. Should the EGLB bank contain less
than forty hours at the time of the mandatory cash out, the remaining balance will be
cashed out. Should employees with an EGLB wish to cash out General Leave pursuant
to the voluntary cash out provision described below, the hours to be cashed out must
first be taken from the EGLB.
Resolution 12-66
Page 9 of 14
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 (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
(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 (FLSA), Executive
Management and Management employees are compensated for meeting the
requirements and performing the duties of their jobs, regardless of the number or
scheduling of hours worked. Such employees may be required periodically or routinely
to work long or irregular hours, and to attend various meetings and functions outside of
normal "business hours" to fulfill their responsibilities. No overtime compensation shall be
provided for Executive Management and Management employees unless otherwise
required by State or Federal law.
In lieu of overtime compensation, the City will provide employees with an annual credit of
forty (40) hours of paid Administrative Leave each January. During the first calendar year
of employment as an employee covered by this Resolution, employees will be granted a
prorated share of Administrative Leave at the time of appointment, with the amount
dependent upon the employee's hire date as follows:
Hire Date
1S Quarter (January — March)
2nd Quarter (April — June)
3rd Quarter (July — September)
4th Quarter (October — December)
Administrative Leave
40 hours
30 hours
20 hours
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 3'
Quarter of Year 1 is eligible for up to 20 additional hours of Administrative Leave in
Resolution 12-66
Page 10 of 14
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.
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
Resolution 12-66
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the City and the employee's department.
The City Manager has the authority to implement rules, policies and procedures for
Alternative Work Schedules for Executive Management and Management employees.
Passed and adopted at a regular meeting of the Tustin City Council held on the 3rd day
of July 2012.
JOHN NIELSEN
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. 12-66 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of
July 2012, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 12-66
Page 12 of 14
APPENDIX A — EXECUTIVE MANAGEMENT MONTHLY SALARY RANGES
Effective July 3, 2012
Classification
A
B
C
D
E
Assistant/Deputy 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 Human Resources
9598.28
10089.77
10606.42
11149.53
11720.44
Director of Parks & Recreation
9890.22
10396.66
10929.02
11488.65
12076.93
Director of Public Works / City Engineer
11575.03
12167.74
12790.79
13445.75
14134.25
Resolution 12 -66
Page 13 of 14
APPENDIX B - MANAGEMENT MONTHLY SALARY RANGES
Effective July 3, 2012
Resolution 12-66
Page 14 of 14
Accounting Supervisor
7060.16
7421.68
780171
8201.20
8621.14
Administrative SeMces Manager
6920.53
7274.90
7647.42
8030.01
8450.65
Assistant Director of Community Dev.
8817.07
9208.50
0743.16
10242.06
10766.52
Assistant Director of Finance
820120
8621.14
9062.80
0526.65
10014.47
Assistant Director of Public Works
9622.28
10114.90
10632.94
11177.40
1174974
Building Inspection Supervisor
6189.81
6485.53
6817.63
7166.73
753370
Building Official
864270
9085.25
9550.47
10039.51
10553.59
City Clerk Services Supervisor
5597.15
5883.76
8185.04
650174
6834.67
Communications Manager
7220.61
7590.35
7979.01
8387.58
8817.07
Deputy Building Official
7.899J2
8.304.23
8,729.45
9,176.45
9.646.33
Engineering Services Manager
886121
0314.96
9701.04
10203.34
10820.41
Field Services Manager
7998.90
8408.55
8839.11
9291.73
9767.52
Finance Manager
7898.96
8408.55
8839.11
0291J3
9787.52
Information Technology Supervisor
7880.37
8262.86
8685.96
9130.74
0598.28
Maintenance Supervisor
5301.40
5687.47
5957.67
8262.74
6583.42
PIan Check Supervisor
8169.61
6485.63
6817.63
7186.73
753370
Police Captain
10267.67
10793.43
11346.11
11827.10
12537.83
Police CiviUan Commander
8099.45
8514.18
8950.16
0408.46
9880.22
Police Support Services Manager
0920.53
7274.90
7647.42
8039.01
8450.65
Principal Engineer
7809.72
8304.23
8729.45
9176.45
9646.33
Principal Human Resources Analyst
7329.60
7704.92
8099.45
8514.18
8050.16
Principal Planner
7724.18
8118.70
8535,47
8972.54
9431.98
PublicWorks Inspection Supervisor
5781.82
8077.88
6389.09
6716.25
7060.16
Public Works Manager
818075
8599£5
9040.00
0502.90
0989.50
Recreation Superintendent
6972.57
7329.80
7704.92
8099.45
8514.18
Recreation Supervisor
5337.82
6611.15
5898.47
6200.50
6518.00
Redeve!opment Program Manager
8180.75
8599.65
9040.00
9502.90
9989.50
Risk Manager
7609.32
7098.96
8408.55
8839.11
929173
Senior Human Resources Analyst
6309.83
6632.92
6072.57
7329.60
7704.02
Senior Information Technology Specialist
5695.84
5987.50
6294.08
6616.38
6955.18
Senior Management Analyst
6309.83
6832.92
6072.57
7329.80
7704.93
Senior Planner
7311.32
7885.70
8079.25
8492.05
8927.84
Senior Redevelopment Project Manager
8039.81
8450.65
8883.37
9338.24
9818.42
Transportation & Dev. Services Manager
8861.21
9314.98
9791.94
10293.34
10820.41
Water Maintenance & Const. Supervisor
5928.00
6231.54
6550.63
6886.06
7238.67
Water Services Manager
9245.44
9718.86
10216.52
10739,67
11280.59
Water Treatment Supervisor
876675
7113.25
7477.48
7880.37
8282.86
Resolution 12-66
Page 14 of 14
RESOLUTION NO. 12-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN RELATING TO COMPENSATION AND BENEFITS
FOR UNREPRESENTED SUPERVISORY EMPLOYEES,
AND SUPERSEDING RESOLUTION 11-66
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 July 3, 2012, 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 12-67
Page 1 of 12
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 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.
In compliance with the California Public Employees' Retirement System regulations and
definition of special compensation (2 CCR §571), the monetary value of bilingual pay
(Bilingual Premium) shall be reported to Ca!PERS as special compensation described in
Title 2 CCR, Section 571(a)(4) as a "special assignment pay" — a type of reportable special
compensation.
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.
In compliance with the California Public Employees' Retirement System regulations and
definition of special compensation (2 CCR §571), the compensation paid for the
maintenance of required uniforms shall be reported to CaIPERS as special compensation
Resolution 12-67
Page 2 of 12
described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable
special compensation.
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.
In compliance with the California Public Employees' Retirement System regulations and
definition of special compensation (2 CCR §571), the monetary value of shift differential
shall be reported to CaIPERS as special compensation described in Title 2 CCR, Section
571(a)(4) as a "special assignment pay" — a type of reportable special compensation.
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 1/2)) 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 (8:00 a.m. — 12:00
p.m.) appearances and two (2) hours straight time for afternoon (12:00 p.m. — 5:00
p.m.) 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, voicemail, or email) 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.
Resolution 12-67
Page 3 of 12
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) ($112 for calendar year 2012 and $115 for calendar year 2013) 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
$750
Employee + 1
Dependent
$875
Employee + 2
or more Dependents
$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 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 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.
Resolution 12-67
Page 4 of 12
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, 2012
July 1,2013
July 1, 2014
July 1, 2015
3.5%
4.5%
5.75%
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
Resolution 12-67
Page 5 of 12
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.
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.
Resolution 12-67
Page 6 of 12
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 CaIPERS retiree medical insurance premiums. This amount includes the
minimum contribution towards retiree medical insurance required under the PEMHCA
program ($112 for calendar year 2012 and $115 for calendar year 2013).
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.
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.
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.
Resolution 12-67
Page 7 of 12
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
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 160 320
6 — 10 years 208 416
Over 10 years 248 496
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.
Effective June 29, 2012, accrued General Leave in excess of that figure that is one
hundred twenty hours below the new maximum accrual caps (Le. hours above 200 for
0 -5 years, 296 for 6 -10 years, or 376 for over 10 years) will be transferred to an Excess
General Leave Bank ( "EGLB "). Hours in the Excess General Leave Bank may be used
for General Leave purposes.
Effective the second paycheck in July 2012 and the second paycheck each July,
thereafter, the City will cash out forty hours of excess General Leave from each
employee's EGLB, until such EGLB is exhausted. Should the EGLB bank contain less
than forty hours at the time of the mandatory cash out, the remaining balance will be
cashed out. Should employees with an EGLB wish to cash out General Leave pursuant
to the voluntary cash out provision described below, the hours to be cashed out must
first be taken from the EGLB.
Resolution 12 -67
Page 8 of 12
Regular and promotional probationary employees may request to be paid for a
maximum of twenty (20) hours of accrued General Leave. 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 (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
(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 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:
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
Resolution 12-67
Page 9 of 12
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).
In compliance with the California Public Employees' Retirement System regulations and
definition of Special Compensation (2 CCR §571), the monetary value of holiday pay for
employees who are normally required to work on an approved holiday because they
work in positions that require scheduled staffing without regard to holidays shall be
reported to CaIPERS as Special Compensation. This pay is described in Title 2 CCR,
Section 571(a)(5) as a "statutory pay" — a type of reportable special compensation.
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
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.
Resolution 12 -67
Page 10 of 12
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 3rd day
of July 2012.
JOHN NIELSEN
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. 12-67 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of
July 2012, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 12-67
Page 11 of 12
APPENDIX A — SUPERVISORY MONTHLY SALARY RANGES
Effective July 3, 2012
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 Supervisor
5597.15
5883.76
6185.04
6501.74
6834.67
Recreation Coordinator
4493.05
4723.12
4964.97
5219.21
5486.46
Resolution 12 -67
Page 12 of 12
RESOLUTION NO. 12-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN RELATING TO COMPENSATION AND BENEFITS
FOR UNREPRESENTED CONFIDENTIAL EMPLOYEES,
AND SUPERSEDING RESOLUTION 11-67
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 July 3, 2012 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 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 %)
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 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.
In compliance with the California Public Employees' Retirement System regulations and
definition of special compensation (2 CCR §571), the monetary value of bilingual pay
(Bilingual Premium) shall be reported to CaIPERS as special compensation described in
Title 2 CCR, Section 571(a)(4) as a "special assignment pay" — a type of reportable special
compensation.
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) ($112 for calendar year 2012 and $115 for calendar year 2013) 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.
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The monthly Flexible Benefits contribution per employee is as follows:
Employee Only
$750
Employee + 1 Employee + 2
Dependent or more Dependents
$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.
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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.
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 1,2012
July 1, 2013
July 1,2014
July 1,2015
3.5%
4.5%
5.75%
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 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% 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.
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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).
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).
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 New Year's Day
Third Monday in February Presidents' Day
Last Monday in May Memorial Day
July 4 Independence Day
First Monday in September Labor Day
November 11 Veterans Day
Thanksgiving Day Thanksgiving Day
Day following Thanksgiving Day Day after Thanksgiving Day
December 24 Christmas Eve
December 25 Christmas Day
December 31 New Year's Eve
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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 3rd day
of July 2012.
ATTEST:
PAMELA STOKER
City Clerk
JOHN NIELSEN
Mayor
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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. 12-68 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of
July 2012, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
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APPENDIX A — CONFIDENTIAL MONTHLY SALARY RANGES
Effective July 3, 2012
Classification
A
B
D
E
Administrative Specialist
4179.21
4393.21
4618.17
4854.64
5103.23
Executive Coordinator
4878.95
5128.78
5391.40
5667.47
5957.67
Executive Secretary
4252.90
4470.67
4699.60
4940.24
5193.21
Human Resources Analyst
5284.77
5555.38
5839.85
6138.88
6453.22
Senior Administrative Specialist
4854.64
5103.23
5364.54
5639.24
5928.00
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