HomeMy WebLinkAboutCC RES 12-68' 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 '/2) for all approved
overtime hours worked in excess of 1) regularly scheduled hours per shift or 2) forty
(40) hours worked in a seven (7) day work period. General Leave, Compensatory Time
and Holiday hours shall be included within the above hours for eligibility. Part-time
regular employees shall receive overtime compensation at time and one-half (1 '/2)
pursuant to the Fair Labor Standards Act (i.e., for working more than forty (40) hours in
a defined seven-day work period).
Section 5: Bilingual Pay
The City shall pay Bilingual Pay in the amount of one hundred dollars ($100) per month
(paid bi-weekly) to employees in City -designated positions who demonstrate
conversational skill in Spanish or another language approved by the Director of Human
Resources as necessary for City business.
To qualify for Bilingual Pay, the employee must 1) have a business need to speak
Spanish or another City -approved language in the performance of his/her public contact
duties on a frequent and recurring basis and 2) successfully pass 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 I 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 CalPERS 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 Employee + 1 Employee + 2
Dependent or more Depende
$750 $875 $1025
Employees who do not take medical insurance through the program offered by the City
shall receive $300 per month as the Flexible Benefits Opt -Out contribution. As a
condition of receiving such amount, the employee must provide evidence, satisfactory to
the City, that he/she has medical insurance coverage comparable to coverage available
through the City program. If the employee also opts out of the City's dental insurance,
the employee must also provide evidence, satisfactory to the City, that he/she has
dental insurance coverage comparable to coverage available through the City program.
The Flexible Benefits contribution consists of mandatory and discretionary allocations
which may be applied to City sponsored programs, including required payment towards
employee medical insurance under the Public Employees' Medical and Hospital Care
Act (PEMHCA). Employees may allocate the remaining amount among the following
City -sponsored programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Deferred compensation
6. Section 125 Flexible Spending Account programs
care reimbursement programs)
7. Eligible catastrophic care programs
8. Cash
(medical and/or dependent
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
3.5%
July 1, 2013
4.5%
July 1, 2014
5.75%
July 1, 2015
7%
The City will pay the remainder of the employee contribution as Employer Paid Member
Contributions. The plan has been amended to include Section 21573 (Third Level of
1959 Survivor Benefits), Section 20042 (One -Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for
paying the employee portion of the 1959 Survivor benefit premium. ,
Miscellaneous members employed by the City on or after January 1, 2012 shall be
enrolled in the CaIPERS 2% @ 60 plan for Local Miscellaneous members. The plan
includes both an employer and employee contribution. The employee is responsible for
paying the employee contribution of 7% of the employee's wages through a payroll
deduction. This plan provides retirement benefits based on the highest annual average
compensation earnable during the three consecutive years of employment immediately
preceding the effective date of his or her retirement or as designated by the employee in
accordance with Government Code section 20037. The plan provides for 3` 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
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
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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
Holidays shall be granted, paid and administered for unit employees in the same I 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.
ATTES
PAMELA STOKER
City Clerk
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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:
Nielsen, Murray, Amante, Gavello, Gomez
COUNCILMEMBER ABSTAINED: None
(5)
(0)
(0)
COUNC EMBER ABSENT: None (0)
PAMELA STOKER
City Clerk
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APPENDIX A — CONFIDENTIAL MONTHLY SALARY RANGES '
Effective July 3, 2012
Classification
A
B
C
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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