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HomeMy WebLinkAbout10 SALARY RESOLUTIONSAgenda Item 10 Reviewed, AGENDA REPORT City Manager Finance Director MEETING DATE: JULY 2,2013 TO: JEFFREY C. PARKER, CITY MANAGER FROM: CITY MANAGER'S OFFICE & HUMAN RESOURCES DEPARTMENT SUBJECT: SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE MANAGEMENT, MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL EMPLOYEES SUMMARY 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 consistent with agreements reached with three of the City's represented employee groups. It is recommended that the City Council adopt the following Resolutions: 1. Resolution No. 13-62 amending the City's Classification and Compensation Plans for unrepresented Executive Management and Management employees; and 2. Resolution No. 13-63 amending the City's Classification and Compensation Plans for unrepresented Supervisory employees; and 3. Resolution No. 13-64 amending the City's Classification and Compensation Plans for unrepresented Confidential employees; and 4. Resolution No. 13-65 eliminating Employer Paid Member Contributions for all unrepresented Executive Management and Management employees; and 5. Resolution No. 13-66 eliminating Employer Paid Member Contributions for all unrepresented Supervisory employees; and 6. Resolution No. 13-67 eliminating Employer Paid Member Contributions for all unrepresented Confidential employees, City Council Agenda Report July 2, 2013 Salary Resolutions for Unrepresented Employees Page 2 FISCAL IMPACT The terms of these three resolutions will result in an additional cost of approximately $321,718 over the next two fiscal years. Additional costs associated with the implementation of a Step F in FY 2013-14 and an increase in Flexible Benefits contributions in FY 2014-15 are partially offset by increases in employee contributions to CalPERS in FY 2013-14 and FY 2014-15. 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 three of our four bargaining groups. In accordance with City Council direction, the attached Salary Resolutions ensure that the City's unrepresented employees are treated in a similar manner as these represented employees. In the same manner as with represented employees, these resolutions include four key economic provisions that will be implemented over the next two fiscal years: 1) increases in employee contributions to the CalPERS retirement plan beginning in FY 2013-14, 2) the implementation of an additional step in the salary range for each classification beginning in FY 2013-14, 3) additional increases in employee contributions to the CalPERS retirement plans beginning in FY 2014-15, and 4) an increase in the City's flexible benefits contribution beginning in FY 2014-15. The additional costs to the City of providing an additional salary step and an increase in flexible benefits contributions are partially offset by the savings the City will realize from additional employee contributions to CalPERS. 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. City Council Agenda Report July 2, 2013 Salary Resolutions for Unrepresented Employees Page 3 A 4 Derick Yasu6 Human Resources Manager Attachments: 1. City Council Resolution No 2. City Council Resolution No 3. City Council Resolution No 4. City Council Resolution No 5. City Council Resolution No 6. City Council Resolution No 13-62 13-63 13-64 13-65 13-66 13-67 41 Cha - des H. Robinson Deputy City Manager I zl*iol IRI treliks-11 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 12-66 WHEREAS, the employees covered by this Resolution constitute executive management and management personnel; and WHEREAS, the City Council has consulted with the City Manager 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: Is] 0 F-112 94 :4 EXCI 4-ki 14 ZI-11 Wj :T0V&1[4@k1 Section 1: Classifications The Executive Management unit includes the classifications of Assistant 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, Deputy City Manager, and Police Chief. The benefits and terms of employment of the City Manager, Deputy City Manager, and Police Chief shall be as set forth herein, provided that any contrary written terms established by the City Council or City Manager, 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 1, 2013, unless otherwise stated herein. CHAPTER 2 — COMPENSATION Section 3: Salary The monthly salaries for employees covered by this Resolution are hereby incorporated Resolution 13-62 Page 1 of 16 and listed in Appendix A and Appendix B. The attached salary ranges shall constitute the basic compensation plan consisting of six (6) 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 CalPERS 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 CalPERS as special compensation described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable special compensation. Resolution 13-62 Page 2 of 16 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) ($115 for calendar year 2013 and $119 for calendar year 2014) 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 Employee + 1 Employee + 2 Dependent or more Dependents $950 $1168 $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 Employee + 1 Employee + 2 Dependent or more Dependents $750 $875 $1025 Effective the pay period that includes July 1, 2014, the monthly Flexible Benefits contribution per eligible Executive Management employee and Management employee (hired into the Management unit on or before September 3, 2002) will be increased to Resolution 13-62 Page 3 of 16 the following amounts: Employee Only Employee + 1 Employee + 2 Dependent or more Dependents $1,075 $1,293 $1,639 Effective the pay period that includes July 1, 2014, the monthly Flexible Benefits contribution per eligible Management employee (hired into the Management unit on or after September 4, 2002) will be increased to the following amounts: Employee Only Employee + 1 Employee + 2 Dependent or more Dependents $875 $1,000 $1,150 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. Resolution 13-62 Page 4 of 16 Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary and employee -funded. Section 8: Retirement Employees covered under this Resolution shall be members of the California Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CalPERS. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the CalPERS 2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous members. The plan includes both an employer and employee contribution. Effective the pay period that includes July 1, 2013, the employee is responsible for paying the employee contribution of 7% of the employee's wages through a pre-tax payroll deduction. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax. 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. Effective the pay period that includes July 1, 2014, these employees are responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). Miscellaneous members employed by the City on or after January 1, 2012 who are "classic members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be enrolled in the CalPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an employer and employee contribution. The employee is responsible for paying the employee contribution of 7% of the employee's wages through a payroll deduction. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. 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. Effective the pay period that includes July 1, 2014, these employees are responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). Resolution 13-62 Page 5 of 16 Individuals first employed by the City on or after January 1, 2013 who are defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2% @ 62 plan for Local Miscellaneous members. The employee is responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period including July 1, 2013, the employee contribution is 6.25%. This amount will be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. 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 7522.32(a). The plan provides for 3rd level of 1959 Survivor benefits with the employee paying the employee portion of the premium. Employees first hired by the City as Local Safety Members prior to January 1, 2012 shall be provided the CalPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2. Effective the pay period that includes July 1, 2013 these employees are responsible for paying the employee contribution of 9% of the employee's wages through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. Effective the pay period that includes July 1, 2014, these employees are responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of twelve percent (12%). 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. Employees first hired by the City as Local Safety Members on or after January 1, 2012 who are "classic members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be provided the CalPERS 2% @ 50 retirement formula. Resolution 13-62 Page 6 of 16 The employee is responsible for paying the employee contribution of 9% through a pretax payroll deduction. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. Effective the pay period that includes July 1, 2014, these employees are responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of twelve percent (12%). 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. Individuals first employed by the City on or after January 1, 2013 who are defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2.7% @ 57 plan for Local Safety members. The employee is responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period including July 1, 2013, the employee contribution is 11.50%. This amount will be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. 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 7522.32(a). 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. Resolution 13-62 Page 7 of 16 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 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 13-62 Page 8 of 16 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. 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 Resolution 13-62 Page 9 of 16 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 CalPERS retiree medical insurance premiums. This amount is in addition to the minimum contribution towards retiree medical insurance required under the PEIVIHCA program ($115 for calendar year 2013 and $119 for calendar year 2014). 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 CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS may satisfy the five (5) year continuous service requirement using a combination of service with the City and service with any public agency with a reciprocal retirement system. 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 CalPERS, 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 CalPERS may satisfy the ten (10) year continuous service requirement using a combination of service with the City and service with any public agency with a reciprocal retirement system. 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 CalPERS medical insurance plan; once coverage is dropped, reimbursement will cease and will not be reinstated. Resolution 13-62 Page 10 of 16 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. 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. Resolution 13-62 Page 11 of 16 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 Administrative Leave 1s' Quarter (January — March) 40 hours 2nd Quarter (April — June) 30 hours 3rd Quarter (July — September) 20 hours 4t" Quarter (October — December) 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 3rd Quarter of Year 1 is eligible for up to 20 additional hours of Administrative Leave in 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 Resolution 13-62 Page 12 of 16 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 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. Resolution 13-62 Page 13 of 16 Passed and adopted at a regular meeting of the Tustin City Council held on the 2nd day of July 2013. ZET"!'T'R A. IT11RRAT Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF TUSTIN 1, Jeffery C. Parker, 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. 13-62 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of July 2013, by the following vote: • JEFFREY C. PARKER City Clerk Resolution 13-62 Page 14 of 16 APPENDIX A - EXECUTIVE MANAGEMENT MONTHLY SALARY RANGES Effective July 1, 2013 Classification A B C D E F Assistant City Manager 12351.40 12983.86 13648.70 14347.59 15082.27 15836.38 Director of Community Development 10579.97 11121.72 11691.22 12289.87 12919.18 13565.14 Director of Finance 10766.52 11317.82 11897.35 12506.57 13146.97 13804.32 Director of Human Resources 9598.28 10089.77 10606.42 11149.53 11720.44 12306.47 Director of Parks & Recreation 9890.22 10396.66 10929.02 11488.65 12076.93 12680.78 Director of Public Works/City Engineer 11575.03 12167.74 12790.79 13445.75 14134.25 14840.96 Resolution 13-62 Page 15 of 16 APPENDIX B - MANAGEMENT MONTHLY SALARY RANGES Effective July 1, 2013 Classification A B C D E F Accounting Supervisor 7060.16 7421.68 7801.71 8201.20 8621.14 9052.20 Administrative Services Manager 7998.96 8408.55 8839.11 9291.73 9767.52 10255.89 Assistant Director of Community Dev 8817.07 9268.56 9743.16 10242.06 10766.52 11304.84 Assistant Dir of Comm Dev - Bldg 9257.93 9731.98 10230.32 10754.17 11304.84 11870.08 Assistant Dir of Comm Dev - Plan 8817.07 9268.56 9743.16 10242.06 10766.52 11304.84 Assistant Director of Finance 8201.20 8621.14 9062.60 9526.65 10014.47 10515.20 Assistant Director of Public Works 9622.28 10114.99 10632.94 11177.40 11749.74 12337.23 Building Inspection Supervisor 6169.61 6485.53 6817.63 7166.73 7533.70 7910.39 Building Official 8642.70 9085.25 9550.47 10039.51 10553.59 11081.26 City Clerk Services Supervisor 5597.15 5883.76 6185.04 6501.74 6834.67 7176.41 Deputy Building Official 7899.72 8304.23 8729.45 9176.45 9646.33 10128.65 Deputy Director of Economic Develop. 8817.07 9268.56 9743.16 10242.06 10766.52 11304.84 Deputy Director of PW - Engineering 9622.45 10115.17 10633.07 11177.48 11749.77 12337.26 Deputy Director of PW - Operations 9254.16 9727.97 10226.04 10749.61 11299.99 11864.99 Economic Dev & Housing Manager 8180.75 8599.65 9040.00 9502.90 9989.50 10488.97 Field Services Manager 7998.96 8408.55 8839.11 9291.73 9767.52 10255.89 Finance Manager 7998.96 8408.55 8839.11 9291.73 9767.52 10255.89 Human Resources Manager 7998.96 8408.55 8839.11 9291.73 9767.52 10255.89 Information Technology Supervisor 7860.37 8262.86 8685.96 9130.74 9598.28 10078.20 Maintenance Supervisor 5391.40 5667.47 5957.67 6262.74 6583.42 6912.59 Plan Check Supervisor 6169.61 6485.53 6817.63 7166.73 7533.70 7910.39 Police Captain 10267.67 10793.43 11346.11 11927.10 12537.83 13164.72 Police Civilian Commander 8099.45 8514.18 8950.16 9408.46 9890.22 10384.74 Police Support Services Manager 6920.53 7274.90 7647.42 8039.01 8450.65 8873.18 Principal Engineer 7899.72 8304.23 8729.45 9176.45 9646.33 10128.65 Principal Management Analyst 7647.46 8039.01 8450.65 8883.37 9338.24 9805.16 Principal Planner 7724.18 8119.70 8535.47 8972.54 9431.98 9903.58 Public Works Inspection Supervisor 5781.82 6077.88 6389.09 6716.25 7060.16 7413.17 Recreation Superintendent 6972.57 7329.60 7704.92 8099.45 8514.18 8939.89 Recreation Supervisor 5337.82 5611.15 5898.47 6200.50 6518.00 6843.90 Senior Accountant 5611.42 5898.76 6200.80 6518.32 6852.10 7194.70 Senior Information Technology Spec 5695.84 5987.50 6294.09 6616.38 6955.18 7302.94 Senior Management Analyst 6309.83 6632.92 6972.57 7329.60 7704.92 8090.16 Senior Planner 6216.31 6534.61 6869.23 7220.97 7590.72 7970.26 Water Maint.& Construction Supervisor 5928.00 6231.54 6550.63 6886.06 7238.67 7600.60 Water Services Manager 8861.21 9314.96 9791.94 10293.34 10820.41 11361.43 Water Treatment Supervisor 6766.75 7113.25 7477.48 7860.37 8262.86 8676.01 Resolution 13-62 Page 16 of 16 RESOLUTION NO. 13-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES, AND SUPERSEDING RESOLUTION 12-67 WHEREAS, the employees covered by this Resolution constitute supervisory personnel; and WHEREAS, the City Council has consulted with the City Manager 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 1, 2013, 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 six (6) 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 13-63 Page 1 of 13 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 CalPERS 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 CalPERS as special compensation Resolution 13-63 Page 2 of 13 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 CalPERS 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 Y2)) for any call which requires them to return to duty. Section 9: Standby Duty Unit employees in the Police Department who are assigned to Standby Duty shall be compensated at the rate of one (1) hour of straight time compensation for each eight (8) hours of such duty. Such compensation on Holidays shall be at the rate of two (2) hours of straight time compensation for each eight (8) hours of Standby Duty. Standby Duty for scheduled court appearances on behalf of the City shall be compensated at a rate of two (2) hours of straight time for morning (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 13-63 Page 3 of 13 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) ($115 for calendar year 2013 and $119 for calendar year 2014) as well as an additional amount which is provided under a Section 125 Flexible Benefits program. The amounts below include the minimum amount under PEMHCA. The monthly Flexible Benefits contribution per eligible employee is as follows: Employee Only Employee + 1 Employee + 2 Dependent or more Dependents $750 $875 $1,025 Effective the pay period that includes July 1, 2014, the monthly Flexible Benefits contribution per eligible employee will be increased to the following amounts: Employee Only Employee + 1 Employee + 2 Dependent or more Dependents $875 $1,000 $1,150 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 Resolution 13-63 Page 4 of 13 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 11: Retirement Employees covered under this Resolution shall be members of the California Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CalPERS. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the CalPERS 2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous members. The plan includes both an employer and employee contribution. Effective the pay period that includes July 1, 2013, the employee is responsible for paying the employee contribution of 7% of the employee's wages through a pre-tax payroll deduction. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax. 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. Effective the pay period that includes July 1, 2014, these employees are responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). Miscellaneous members employed by the City on or after January 1, 2012 who are "classic members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be enrolled in the CalPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an employer and employee contribution. The employee is responsible for paying the employee contribution of 7% of the employee's wages through a payroll deduction. The City has adopted the CalPERS Resolution 13-63 Page 5 of 13 resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. 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. Effective the pay period that includes July 1, 2014, these employees are responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). Individuals first employed by the City on or after January 1, 2013 who are defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2% @ 62 plan for Local Miscellaneous members. The employee is responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period including July 1, 2013, the employee contribution is 6.25%. This amount will be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. 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 7522.32(a). The plan provides for 3rd level of 1959 Survivor benefits with the employee paying the employee portion of the Now= Section 12: Life Insurance The City will provide life insurance for each unit employee and pay the required premiums. The death benefit of said policy shall be the greater of $100,000 or 100% of the employee's base annual salary, rounded to the next higher multiple of $1,000, up to a maximum of $200,000. The City will also provide $1,000 per dependent of dependent life insurance and pay the required premiums. Section 13: Short -Term / Long -Term Disability Insurance The City shall maintain a short-term / long-term disability (STD/LTD) insurance program for non -industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of the STD/LTD insurance carrier. Resolution 13-63 Page 6 of 13 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. 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 Resolution 13-63 Page 7 of 13 owed by the employee. In the event no paid leave is available, the City is authorized to cancel the employee's coverage. An employee is only eligible for the City's 60% STD/LTD salary continuation benefit once in any rolling 12 -month period, Section 14: Retiree Medical Insurance The City will reimburse eligible unit employees up to a maximum of $250 per month for the payment of CalPERS retiree medical insurance premiums. This amount includes the minimum contribution towards retiree medical insurance required under the PEMHCA program ($115 for calendar year 2013 and $119 for calendar year 2014). 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 CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS may satisfy the five (5) year continuous service requirement using a combination of service with the City and service with any public agency with a reciprocal retirement system. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that he/she has been continuously employed by the City for ten (10) full years, retires from the City and CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS may satisfy the ten (10) year continuous service requirement using a combination of service with the City and service with any public agency with a reciprocal retirement system. Reimbursement shall not be made until an employee appears on the City's CalPERS insurance billing. In order to maintain the retiree medical insurance stipend throughout retirement, an employee must maintain coverage in a CalPERS medical insurance plan; once coverage is dropped, reimbursement will cease and will not be reinstated. Section 15: Textbook and Tuition Reimbursement The City shall provide eligible employees with textbook and tuition reimbursement in accordance with the guidelines and procedures specified in the Personnel Rules. Supervisory employees who have completed their initial probationary period are eligible for reimbursement for up to $1,000 each calendar year if the employee is attending a community college, $1,500 each calendar year if the employee is attending a job-related certificate program offered through a California State University or University of California extended education program, or $2,000 each calendar year if the employee is attending a four-year college or university. If an employee attends both a community Resolution 13-63 Page 8 of 13 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 (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. 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 Resolution 13-63 Page 9 of 13 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 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 Resolution 13-63 Page 10 of 13 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 CalPERS 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 fifty (50) 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. 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. 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. Resolution 13-63 Page 11 of 13 Passed and adopted at a regular meeting of the Tustin City Council held on the 2nd day of July 2013. ELWYN A. MURRAY Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF TUSTIN 1, Jeffery C. Parker, 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. 13-62 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of July 2013, by the following vote: JEFFREY C. PARKER City Clerk Resolution 13-63 Page 12 of 13 APPENDIX A — SUPERVISORY MONTHLY SALARY RANGES Effective July 1, 2013 Classification A IIS CI D E F Customer Service Supervisor 4676.19 4915.63 5167.34 5431.39 5710.08 5,995.59 Police Communications Supervisor 5597.15 5883.76 6185.04 6501.74 6834.67 7,176.41 Police Records Supervisor 5597.15 5883.76 6185.04 6501.74 6834.67 7,176.41 Police Services Officer Supervisor 5597.15 5883.76 6185.04 6501.74 6834.67 7,176.41 Property and Evidence Supervisor 5597.15 5883.76 6185.04 6501.74 6834.67 7,176.41 Recreation Coordinator 4493.05 4723.12 4964.97 5219.21 5486.46 5,760.78 Resolution 13-63 Page 13 of 13 RESOLUTION NO. 13-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED CONFIDENTIAL EMPLOYEES, AND SUPERSEDING RESOLUTION 12-68 WHEREAS, the employees covered by this Resolution constitute "confidential" personnel; and WHEREAS, the City Council has consulted with the City Manager concerning the proposed employment terms contained herein; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin (the "City") authorizes staff to implement the provisions of this Resolution and modify the City's Classification and Compensation Plans to reflect the changes approved in this Resolution, and that the wages, hours and conditions of employment be adopted and set forth as follows: Section 1: Classifications A "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 1, 2013 unless otherwise stated herein. I's• • • , I..-.. __ �. __ _ 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 six (6) 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 13-64 Page 1 of 8 Section 4: Overtime Compensation Unit classifications designated as non-exempt under the Fair Labor Standards Act shall receive overtime compensation at the rate of time and one-half (1 Y2) 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 Y2) 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) ($115 for calendar year 2013 and $119 for calendar year 2014) 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. Resolution 13-64 Page 2 of 8 The monthly Flexible Benefits contribution per employee is as follows: Employee Only Employee + 1 Employee + 2 Dependent or more Dependents $750 $875 $1,025 Effective the pay period that includes July 1, 2014, the monthly Flexible Benefits contribution per eligible employee will be increased to the following amounts: Employee Only Employee + 1 Employee + 2 Dependent or more Dependents $875 $1,000 $1,150 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. Resolution 13-64 Page 3 of 8 Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary and employee -funded. Section 7: Retirement Employees covered under this Resolution 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. Effective the pay period that includes July 1, 2013, the employee is responsible for paying the employee contribution of 7% of the employee's wages through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax. 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. Effective the pay period that includes July 1, 2014, these employees are responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). Miscellaneous members employed by the City on or after January 1, 2012 who are "classic members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 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. The City has adopted the CaIPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. 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. Effective the pay period that includes July 1, 2014, these employees are responsible for paying an additional pension contribution of three percent (3%) as cost sharing in Resolution 13-64 Page 4 of 8 accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). Individuals first employed by the City on or after January 1, 2013 who are defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2% @ 62 plan for Local Miscellaneous members. The employee is responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period including July 1, 2013, the employee contribution is 6.25%. This amount will be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. 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 7522.32(a). 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. 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). Resolution 13-64 Page 5 of 8 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 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 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). 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). Resolution 13-64 Page 6 of 8 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 2nd day of July 2013. ELWYN A. MURRAY Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF TUSTIN 1, Jeffery C. Parker, 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. 13-62 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of July 2013, by the following vote: JEFFREY C. PARKER City Clerk Resolution 13-64 Page 7 of 8 APPENDIX A — CONFIDENTIAL MONTHLY SALARY RANGES Effective July 1, 2013 Classification A' B C D E F Administrative Secreta Confidential 3,858.28 4,055.85 4,263.53 4,481.85 4,711.35 4,946.91 Executive Coordinator 4878.95 5128.78 5391.40 5667.47 5957.67 6255.56 Executive Secretary 4,252.90 4,470.67 4,699.60 4,940.24 5,193.21 5,452.87 Management Analst Confidential 51284.77 5,555.38 5,839.85 6,138.88 6,453.22 6,775.88 Management Assistant Confidential 4,179.21 4,393.21 1 4,618.17 4,854.64 5,103.23 5,358.39 Office Support Specialist Confidential 3,661.18 3,848.66 4,045.74 4,252.90 4,470.67 4,694.21 Sr. Management Assist Confidential 4,854.64 5,103.23 5,364.54 5,639.24 5,928.00 6,224.40 Resolution 13-64 Page 8 of 8 RESOLUTION NO. 13-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES AND UNREPRESENTED MANAGEMENT EMPLOYEES WHEREAS, the City Council of the City of Tustin, California has the authority to implement California Government Code Section 20691; and WHEREAS, the City Council previously had a written labor policy or agreement which specifically provided for a portion of the normal member contributions to be paid by the employer; and WHEREAS, the City Council now has a written labor policy or agreement which eliminates any portion of the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of a Resolution to revise said Employer Paid Member Contributions (EPMC); and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: A. This benefit shall apply to all employees in in the unrepresented Executive Management unit and the unrepresented Management unit. B. This benefit shall consist of paying zero percent (0%) of the normal member contributions as EPMC. C. The effective date of this Resolution shall be July 1, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council elects to pay EPMC, as set forth above. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 2nd day of July 2013. Resolution 13-65 Page 1 of 2 ELWYN A. MURRAY Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE Ss CITY OF TUSTIN 1, Jeffrey C. Parker, 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. 13-65 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of July 2013, by the following vote: JEFFREY C. PARKER City Clerk Resolution 13-65 Page 2 of 2 RESOLUTION NO. 13-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR UNREPRESENTED SUPERVISORY EMPLOYEES WHEREAS, the City Council of the City of Tustin, California has the authority to implement California Government Code Section 20691; and WHEREAS, the City Council previously had a written labor policy or agreement which specifically provided for a portion of the normal member contributions to be paid by the employer; and WHEREAS, the City Council now has a written labor policy or agreement which eliminates any portion of the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of a Resolution to revise said Employer Paid Member Contributions (EPMC); and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: A. This benefit shall apply to all employees in in the unrepresented Supervisory unit. B. This benefit shall consist of paying zero percent (0%) of the normal member contributions as EPMC. C. The effective date of this Resolution shall be July 1, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council elects to pay EPMC, as set forth above. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 2nd day of July 2013. Resolution 13-66 Page 1 of 2 ELWYN A. MURRAY Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF TUSTIN 1, Jeffrey C. Parker, 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. 13-66 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of July 2013, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Resolution 13-66 Page 2 of 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR UNREPRESENTED CONFIDENTIAL EMPLOYEES WHEREAS, the City Council of the City of Tustin, California has the authority to implement California Government Code Section 20691; and WHEREAS, the City Council previously had a written labor policy or agreement which specifically provided for a portion of the normal member contributions to be paid by the employer; and WHEREAS, the City Council now has a written labor policy or agreement which eliminates any portion of the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of a Resolution to revise said Employer Paid Member Contributions (EPMC); and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: A. This benefit shall apply to all employees in in the unrepresented Confidential unit. B. This benefit shall consist of paying zero percent (0%) of the normal member contributions as EPMC. C. The effective date of this Resolution shall be July 1, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council elects to pay EPMC, as set forth above. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 2nd day of July 2013. Resolution 13-67 Page 1 of 2 ELWYN A. MURRAY Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF TUSTIN 1, Jeffrey C. Parker, 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. 13-67 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of July 2013, by the following vote: •.. 01 MIN M W kh I am] 2 0.41 V. 2 0 1 JEFFREY C. PARKER City Clerk Resolution 13-67 Page 2 of 2